Text of MD HB 1284 (2004)

HOUSE BILL 1284 Unofficial Copy 2004 Regular Session J1 4lr2212 ____________________________________________________________________________________ By: Delegates Hurson, Anderson, Barkley, Barve, Bobo, Bronrott, Cardin, Carter, V. Clagett, Cryor, Doory, Dumais, Feldman, Franchot, Gaines, Goldwater, Gordon, Gutierrez, Hammen, Heller, Hixson, Hubbard, Jones, Kaiser, King, Lee, Madaleno, Mandel, Marriott, McIntosh, Menes, Moe, Montgomery, Niemann, Parker, Pendergrass, Petzold, Ramirez, Rosenberg, Ross, F. Turner, and Zirkin Introduced and read first time: February 13, 2004 Assigned to: Health and Government Operations _____________________________________________________________________________________ A BILL ENTITLED 1 AN ACT concerning 2 Medical Decision Making Act of 2004 3 FOR the purpose of establishing domestic partnerships in the State for certain 4 purposes; prohibiting an individual from claiming the benefits of a domestic 5 partnership except under certain circumstances; establishing certain crimes and 6 penalties; requiring individuals to register with the Secretary of Health and 7 Mental Hygiene in order to enter into a domestic partnership; establishing 8 certain qualifications for individuals registering a domestic partnership; 9 establishing certain registration procedures; requiring the Secretary to adopt 10 certain regulations; providing certain procedures for the termination of a 11 domestic partnership; requiring a domestic partner that qualified for and 12 claimed certain third party benefits to provide notice to the third party on the 13 termination of a domestic partnership; establishing certain rights for certain 14 third parties; requiring the Secretary to keep a certificate of domestic 15 partnership book containing certain information; requiring certain health care 16 facilities to allow domestic partners and certain relatives of domestic partners to 17 visit a domestic partner except under certain circumstances; requiring two 18 adults to be treated as domestic partners in certain circumstances related to 19 medical emergencies; providing for the scope of this Act; requiring a domestic 20 partnership or civil union entered into outside this State to be treated as a 21 domestic partnership in this State; establishing that the registration of a 22 domestic partnership by two individuals who are also married to each other in 23 another state may not be considered to be certain evidence, knowledge, 24 awareness, or admission; prohibiting the Department of Health and Mental 25 Hygiene from denying a domestic partner the right to inspect a record to permit 26 a disinterment or reinterment of a body; authorizing a domestic partner to give 27 consent to conduct a postmortem examination of a certain body; authorizing the 28 domestic partner to arrange for the final disposition of the body of a decedent 29 under certain circumstances; authorizing a domestic partner to make the health 30 care decisions for certain persons; authorizing a domestic partner of a certain 2 HOUSE BILL 1284 1 patient to petition a court to enjoin the actions of a certain treating health care 2 provider; authorizing a domestic partner to accompany an individual being 3 transported from one health care facility to another health care facility in 4 certain circumstances; establishing that a domestic partner may be a 5 representative of a deceased from whom a hospital is asking a human organ 6 donation; prohibiting a hospital from billing a domestic partner for the costs 7 associated with the deceased domestic partner's organ donation; requiring that 8 domestic partners be given the opportunity to share a room in a certain faculty 9 under certain circumstances; requiring certain related institutions to allow a 10 resident who is a party to a domestic partnership to have privacy during a visit 11 by the other domestic partner; authorizing the domestic partner to arrange the 12 final disposition of the body of a decedent with a mortician under certain 13 circumstances; establishing that for purposes of an interest in the property of a 14 burial site, a domestic partner is a person in interest; establishing that a 15 domestic partner is a next of kin for purposes of making anatomical gifts of a 16 decedent; defining certain terms; making the provisions of this Act severable; 17 and generally relating to the Medical Decision Making Act of 2004. 18 BY adding to 19 Article - Health - General 20 Section 6-101 through 6-501 to be under the new title "Title 6. Domestic 21 Partnerships" 22 Annotated Code of Maryland 23 (2000 Replacement Volume and 2003 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article - Health - General 26 Section 1-101, 4-215(e), 5-501(b), 5-509(c), 5-605(a)(2), 5-612, 10-807(e), 27 19-310(d) and (g), and 19-344(h), (k), and (q)(1) 28 Annotated Code of Maryland 29 (2000 Replacement Volume and 2003 Supplement) 30 BY repealing and reenacting, without amendments, 31 Article - Health - General 32 Section 4-215(a), 5-501(a), 5-509(a), 5-605(a)(1), 10-807(a), 19-310(a) and (j), 33 19-343(a) and (b), and 19-344(a) 34 Annotated Code of Maryland 35 (2000 Replacement Volume and 2003 Supplement) 36 BY repealing and reenacting, without amendments, 37 Article - Health Occupations 38 Section 7-410(a) 39 Annotated Code of Maryland 40 (2000 Replacement Volume and 2003 Supplement) 41 BY repealing and reenacting, with amendments, 3 HOUSE BILL 1284 1 Article - Health Occupations 2 Section 7-410(c) 3 Annotated Code of Maryland 4 (2000 Replacement Volume and 2003 Supplement) 5 BY repealing and reenacting, with amendments, 6 Article - Real Property 7 Section 14-121(a) 8 Annotated Code of Maryland 9 (2003 Replacement Volume and 2003 Supplement) 10 BY repealing and reenacting, with amendments, 11 Article - Estates and Trusts 12 Section 4-501 13 Annotated Code of Maryland 14 (2001 Replacement Volume and 2003 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 16 MARYLAND, That the Laws of Maryland read as follows: 17 Article - Health - General 18 TITLE 6. DOMESTIC PARTNERSHIPS. 19 SUBTITLE 1. DEFINITIONS. 20 6-101. 21 (A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. 22 (B) "CERTIFICATE OF DOMESTIC PARTNERSHIP" MEANS A CERTIFICATE 23 ISSUED BY THE SECRETARY ESTABLISHING A DOMESTIC PARTNERSHIP AND 24 AUTHORIZING THE DOMESTIC PARTNERS TO CLAIM THE BENEFITS OF A DOMESTIC 25 PARTNERSHIP. 26 (C) (1) "COMMON RESIDENCE" MEANS THE SHARED PLACE WHERE BOTH 27 DOMESTIC PARTNERS LIVE. 28 (2) "COMMON RESIDENCE" INCLUDES THE SHORT-TERM OR 29 LONG-TERM TEMPORARY LEAVING OF THE COMMON RESIDENCE BY ONE DOMESTIC 30 PARTNER WITH THE INTENT TO RETURN TO THE COMMON RESIDENCE. 31 (3) "COMMON RESIDENCE" DOES NOT MEAN THAT: 32 (I) BOTH DOMESTIC PARTNERS ARE REQUIRED TO HAVE THE 33 RIGHT TO LEGAL POSSESSION OF THE COMMON RESIDENCE; OR 4 HOUSE BILL 1284 1 (II) A DOMESTIC PARTNER MAY NOT HAVE AN ADDITIONAL 2 RESIDENCE. 3 (D) "DESIGNATED OFFICIAL" MEANS AN OFFICIAL DESIGNATED BY THE 4 SECRETARY TO REGISTER DOMESTIC PARTNERSHIPS. 5 (E) "DOMESTIC PARTNER" MEANS AN INDIVIDUAL WHO HAS REGISTERED FOR 6 A CERTIFICATE OF DOMESTIC PARTNERSHIP WITH THE SECRETARY. 7 (F) (1) "MUTUAL INTERDEPENDENCE" MEANS THAT EACH DOMESTIC 8 PARTNER IN A RELATIONSHIP CONTRIBUTES TO THE MAINTENANCE AND SUPPORT 9 OF THE OTHER DOMESTIC PARTNER AND THE RELATIONSHIP. 10 (2) "MUTUAL INTERDEPENDENCE" DOES NOT MEAN THAT THE 11 DOMESTIC PARTNERS ARE REQUIRED TO CONTRIBUTE EQUALLY TO THE 12 RELATIONSHIP. 13 (G) "NOTICE" MEANS NOTICE OF THE TERMINATION OF A DOMESTIC 14 PARTNERSHIP. 15 SUBTITLE 2. GENERAL PROVISIONS AND REGISTRATION OF DOMESTIC 16 PARTNERSHIPS. 17 6-201. 18 (A) A DOMESTIC PARTNERSHIP IS NOT ESTABLISHED AND AN INDIVIDUAL 19 MAY NOT CLAIM THE BENEFITS OF A DOMESTIC PARTNERSHIP UNLESS THE 20 INDIVIDUAL HAS BEEN ISSUED A CERTIFICATE OF DOMESTIC PARTNERSHIP BY THE 21 SECRETARY. 22 (B) AN INDIVIDUAL WHO VIOLATES THIS SECTION IS GUILTY OF A 23 MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF $100. 24 6-202. 25 (A) TO QUALIFY FOR A CERTIFICATE OF DOMESTIC PARTNERSHIP, A 26 REGISTRANT SHALL MEET THE REQUIREMENTS OF THIS SECTION. 27 (B) A REGISTRANT QUALIFIES UNDER THIS SECTION IF: 28 (1) EACH INDIVIDUAL IS AT LEAST 18 YEARS OLD; 29 (2) THE INDIVIDUALS ARE NOT RELATED TO THE OTHER BY BLOOD OR 30 MARRIAGE WITHIN FOUR DEGREES OF CONSANGUINITY UNDER THE CIVIL LAW 31 RULE; 32 (3) (I) THE INDIVIDUALS ARE OF THE SAME SEX; OR 33 (II) THE INDIVIDUALS ARE OF THE OPPOSITE SEX AND EACH 34 INDIVIDUALS IS AT LEAST 62 YEARS OLD; 5 HOUSE BILL 1284 1 (4) NEITHER INDIVIDUAL IS MARRIED OR IS A MEMBER OF A CIVIL 2 UNION OR DOMESTIC PARTNERSHIP; 3 (5) THE INDIVIDUALS AGREE TO BE IN A RELATIONSHIP OF MUTUAL 4 INTERDEPENDENCE; 5 (6) THE INDIVIDUALS SHARE A COMMON RESIDENCE; AND 6 (7) THE INDIVIDUALS AGREE TO REGISTER WITH THE SECRETARY. 7 6-203. 8 (A) TO REGISTER FOR A CERTIFICATE OF DOMESTIC PARTNERSHIP, BOTH 9 REGISTRANTS SHALL APPEAR BEFORE THE DESIGNATED OFFICIAL DURING 10 REGULAR OFFICE HOURS. 11 (B) REGISTRANTS FOR A CERTIFICATE OF DOMESTIC PARTNERSHIP SHALL: 12 (1) APPEAR BEFORE THE DESIGNATED OFFICIAL AND GIVE, UNDER 13 OATH, THE FOLLOWING INFORMATION, WHICH SHALL BE PLACED ON THE 14 REGISTRATION FORM BY THE DESIGNATED OFFICIAL: 15 (I) THE NAME OF EACH INDIVIDUAL; 16 (II) THE PLACE OF COMMON RESIDENCE; 17 (III) THE AGE OF EACH INDIVIDUAL; 18 (IV) WHETHER THE INDIVIDUALS ARE RELATED BY BLOOD OR 19 MARRIAGE, AND, IF SO, IN WHICH DEGREE OF RELATIONSHIP; 20 (V) WHETHER EACH INDIVIDUAL IS SINGLE, WIDOWED, DIVORCED, 21 OR HAS TERMINATED A DOMESTIC PARTNERSHIP OR CIVIL UNION AND THE DATE 22 AND PLACE OF EACH DEATH OR JUDICIAL DETERMINATION THAT ENDED ANY 23 FORMER MARRIAGE OR CIVIL UNION; 24 (VI) THE SEX OF EACH INDIVIDUAL; AND 25 (VII) WHETHER THE INDIVIDUALS AGREE TO A RELATIONSHIP OF 26 MUTUAL INTERDEPENDENCE; 27 (2) SIGN THE REGISTRATION FORM; 28 (3) PROVIDE THE CLERK WITH THE SOCIAL SECURITY NUMBER OF EACH 29 INDIVIDUAL WHO HAS A SOCIAL SECURITY NUMBER; AND 30 (4) PAY TO THE CLERK THE REGISTRATION FEE SET BY THE SECRETARY. 31 (C) THE SOCIAL SECURITY NUMBERS OF THE INDIVIDUALS SHALL BE 32 INCLUDED IN THE ELECTRONIC FILE FOR A CERTIFICATE OF DOMESTIC 6 HOUSE BILL 1284 1 PARTNERSHIP BUT MAY NOT BE DISCLOSED AS PART OF THE PUBLIC RECORD OF THE 2 CERTIFICATE OF DOMESTIC PARTNERSHIP. 3 (D) UNLESS A DOMESTIC PARTNERSHIP WAS TERMINATED BECAUSE OF THE 4 DEATH OF A DOMESTIC PARTNER, AN INDIVIDUAL WHO HAS PREVIOUSLY 5 REGISTERED A DOMESTIC PARTNERSHIP WITH THE SECRETARY MAY NOT REGISTER 6 A NEW DOMESTIC PARTNERSHIP UNTIL 90 DAYS AFTER THE DATE THAT A NOTICE OF 7 TERMINATION OF DOMESTIC PARTNERSHIP WAS RECORDED BY THE SECRETARY. 8 (E) (1) A CERTIFICATE OF DOMESTIC PARTNERSHIP SHALL CONTAIN 9 APPROPRIATE SPACES IN WHICH THE DESIGNATED OFFICIAL SHALL ENTER: 10 (I) THE RELATIONSHIP OF THE INDIVIDUALS TO THE DOMESTIC 11 PARTNERSHIP, IF ANY; 12 (II) AS TO EACH INDIVIDUAL, THE NAME, AGE, STATE OR FOREIGN 13 COUNTRY IN WHICH BORN, AND PLACE OF RESIDENCE; 14 (III) THE STATUS OF EACH INDIVIDUAL AS SINGLE, WIDOWED, OR 15 DIVORCED; 16 (IV) WHETHER THE INDIVIDUAL HAS PREVIOUSLY BEEN A PARTY 17 TO A DOMESTIC PARTNERSHIP OR CIVIL UNION THAT HAS BEEN TERMINATED; AND 18 (V) THE PLACE OF COMMON RESIDENCE. 19 (2) ATTACHED TO THE CERTIFICATE OF REGISTRATION OF DOMESTIC 20 PARTNERSHIP SHALL BE TWO CERTIFICATE FORMS THAT: 21 (I) READ, "I HEREBY CERTIFY THAT ON THIS ............ DAY OF ............. 22 (STATE HERE MONTH AND YEAR), AT ........ (STATE HERE TIME), AT .............. (STATE 23 HERE LOCATION), IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, 24 THE FOLLOWING INDIVIDUALS HAVE ENTERED INTO A DOMESTIC PARTNERSHIP: 25 ................................................................................. 26 (STATE HERE NAME OF PARTY) 27 ................................................................................. 28 (STATE HERE NAME OF OTHER PARTY)"; 29 (II) RESTATE ALL INFORMATION CONCERNING THE INDIVIDUALS 30 THAT IS STATED ON THE CERTIFICATE OF DOMESTIC PARTNERSHIP; AND 31 (III) PROVIDE A SPACE FOR THE SIGNATURE OF THE DESIGNATED 32 OFFICIAL. 33 (F) (1) THE SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE 34 PROVISIONS OF THIS TITLE. 35 (2) THE REGULATIONS SHALL INCLUDE: 7 HOUSE BILL 1284 1 (I) A PROCESS FOR DESIGNATING OFFICIALS TO REGISTER 2 DOMESTIC PARTNERSHIPS; AND 3 (II) A LIST OF LOCATIONS ACCESSIBLE TO THE GENERAL PUBLIC 4 WHERE DOMESTIC PARTNERSHIPS MAY BE REGISTERED. 5 6-204. 6 (A) A DOMESTIC PARTNERSHIP SHALL TERMINATE: 7 (1) ON THE DEATH OF A DOMESTIC PARTNER; OR 8 (2) WHEN A NOTICE OF TERMINATION OF DOMESTIC PARTNERSHIP HAS 9 BEEN ACCEPTED FOR RECORD BY THE SECRETARY. 10 (B) (1) WITHIN 90 DAYS OF THE DISSOLUTION OF A DOMESTIC 11 PARTNERSHIP, AT LEAST ONE FORMER DOMESTIC PARTNER SHALL SEND, BY 12 CERTIFIED MAIL, A NOTICE TO THE SECRETARY. 13 (2) WHEN THE SECRETARY ACCEPTS FOR RECORD A NOTICE, THE 14 SECRETARY SHALL: 15 (I) ENDORSE ON THE NOTICE ITS ACCEPTANCE FOR RECORD AND 16 THE DATE AND TIME OF ACCEPTANCE; 17 (II) RECORD PROMPTLY THE NOTICE; AND 18 (III) PROVIDE THE DOMESTIC PARTNER WHO FILED THE NOTICE 19 TWO COPIES OF THE NOTICE WITH THE ENDORSEMENTS REQUIRED IN ITEM (I) OF 20 THIS PARAGRAPH. 21 (3) WITHIN 5 DAYS OF RECEIVING THE COPIES OF THE NOTICE 22 ENDORSED BY THE SECRETARY, THE DOMESTIC PARTNER SHALL SEND, BY 23 CERTIFIED MAIL, A COPY OF THE NOTICE ENDORSED BY THE SECRETARY TO THE 24 OTHER DOMESTIC PARTNER'S LAST KNOWN ADDRESS. 25 (C) (1) THIS SECTION APPLIES TO A DOMESTIC PARTNER WHO HAS GIVEN A 26 COPY OF A CERTIFICATE OF DOMESTIC PARTNERSHIP TO A THIRD PARTY TO 27 QUALIFY FOR OR CLAIM ANY BENEFIT OR RIGHT OF A DOMESTIC PARTNER. 28 (2) ANY BENEFIT OR RIGHT OFFERED BY A THIRD PARTY THAT A 29 DOMESTIC PARTNER CLAIMS AS A RESULT OF A DOMESTIC PARTNERSHIP, SHALL 30 IMMEDIATELY TERMINATE ON THE TERMINATION OF A DOMESTIC PARTNERSHIP. 31 (3) ON THE TERMINATION OF A DOMESTIC PARTNERSHIP, A DOMESTIC 32 PARTNER SHALL GIVE OR SEND TO THE THIRD PARTY, AT THE LAST KNOWN ADDRESS 33 OF THE THIRD PARTY, WRITTEN NOTIFICATION THAT THE DOMESTIC PARTNERSHIP 34 HAS BEEN TERMINATED. 8 HOUSE BILL 1284 1 (4) A THIRD PARTY WHO SUFFERS A LOSS AS A RESULT OF THE FAILURE 2 OF A DOMESTIC PARTNER TO NOTIFY THE THIRD PARTY OF THE TERMINATION OF A 3 DOMESTIC PARTNERSHIP IS ENTITLED TO RECOVER ANY ACTUAL DAMAGES. 4 SUBTITLE 3. RECORDS. 5 6-301. 6 THE SECRETARY SHALL KEEP A CERTIFICATE OF DOMESTIC PARTNERSHIP 7 BOOK, WHICH SHALL CONTAIN: 8 (1) A COMPLETE RECORD OF EACH REGISTRATION ISSUED; 9 (2) A COMPLETE RECORD OF ALL MATTERS THE DESIGNATED OFFICIAL 10 IS REQUIRED TO ASCERTAIN THAT RELATE TO THE RIGHTS OF AN INDIVIDUAL TO 11 OBTAIN A REGISTRATION; 12 (3) IN REGULAR ORDER, THE ITEMS TESTIFIED TO BY THE REGISTRANTS 13 AS REQUIRED UNDER THIS TITLE; 14 (4) PROPERLY INDEXED, THE NAME OF EACH INDIVIDUAL WHO 15 INTENDS TO REGISTER A DOMESTIC PARTNERSHIP; AND 16 (5) THE DATE EACH REGISTRATION WAS RECORDED AND THE NAME OF 17 THE AUTHORIZED DESIGNATED OFFICIAL WHO SIGNED THE CERTIFICATE OF 18 DOMESTIC PARTNERSHIP. 19 6-302. 20 (A) AN INDIVIDUAL MAY NOT KNOWINGLY MAKE ANY MATERIAL FALSE 21 STATEMENT TO OBTAIN OR TO HELP ANOTHER INDIVIDUAL TO OBTAIN A 22 CERTIFICATE OF DOMESTIC PARTNERSHIP IN VIOLATION OF THIS TITLE. 23 (B) AN INDIVIDUAL WHO VIOLATES THE PROVISIONS OF THIS SECTION IS 24 GUILTY OF PERJURY. 25 SUBTITLE 4. MEDICAL EMERGENCIES. 26 6-401. 27 (A) A HOSPITAL, RELATED INSTITUTION, AND RESIDENTIAL TREATMENT 28 CENTER, AS DEFINED IN § 19-301 OF THIS ARTICLE, SHALL ALLOW A PATIENT'S 29 DOMESTIC PARTNER, THE CHILDREN OF THE PATIENT'S DOMESTIC PARTNER, AND 30 THE DOMESTIC PARTNER OF THE PATIENT'S PARENT OR CHILD TO VISIT, UNLESS: 31 (1) NO VISITORS ARE ALLOWED; 32 (2) THE FACILITY REASONABLY DETERMINES THAT THE PRESENCE OF A 33 PARTICULAR VISITOR WOULD ENDANGER THE HEALTH OR SAFETY OF A PATIENT OR 34 MEMBER OF THE FACILITY STAFF; OR 9 HOUSE BILL 1284 1 (3) THE PATIENT TELLS THE FACILITY STAFF THAT THE PATIENT DOES 2 NOT WANT A PARTICULAR PERSON TO VISIT. 3 (B) THIS SECTION DOES NOT PROHIBIT A HOSPITAL, RELATED INSTITUTION, 4 OR RESIDENTIAL TREATMENT CENTER FROM ESTABLISHING REASONABLE 5 RESTRICTIONS UPON VISITATION, INCLUDING RESTRICTIONS ON THE HOURS OF 6 VISITATION AND NUMBER OF VISITORS. 7 6-402. 8 (A) THIS SECTION APPLIES TO TWO ADULTS WHO QUALIFY FOR A 9 CERTIFICATE OF REGISTRATION OF A DOMESTIC PARTNERSHIP BUT ARE NOT 10 REGISTERED. 11 (B) IN THE CASE OF A MEDICAL EMERGENCY, TWO ADULTS SHALL BE 12 TREATED AS DOMESTIC PARTNERS IF ONE OF THE ADULTS TELLS, IN GOOD FAITH, 13 THE EMERGENCY MEDICAL PROVIDER OR HOSPITAL PERSONNEL THAT THE ADULTS 14 ARE IN A MUTUALLY INTERDEPENDENT RELATIONSHIP, FOR THE FOLLOWING 15 PURPOSES ONLY: 16 (1) ALLOWING ONE ADULT TO ACCOMPANY THE ILL OR INJURED ADULT 17 BEING TRANSPORTED TO A HOSPITAL IN AN EMERGENCY VEHICLE; AND 18 (2) VISITATION WITH THE ILL OR INJURED ADULT ADMITTED TO A 19 HOSPITAL ON AN EMERGENCY BASIS ON THE SAME BASIS AS A MEMBER OF THE ILL 20 OR INJURED ADULT'S IMMEDIATE FAMILY. 21 SUBTITLE 5. DOMESTIC PARTNER'S RIGHTS AND OBLIGATIONS. 22 6-501. 23 (A) THE RIGHTS AND OBLIGATIONS OF A DOMESTIC PARTNER AS A RESULT OF 24 REGISTERING A DOMESTIC PARTNERSHIP ARE ONLY THOSE DESCRIBED IN THIS 25 TITLE. 26 (B) A DOMESTIC PARTNERSHIP OR CIVIL UNION ENTERED INTO OUTSIDE THIS 27 STATE, THAT IS VALID UNDER THE LAWS OF THE JURISDICTION UNDER WHICH THE 28 DOMESTIC PARTNERSHIP OR CIVIL UNION WAS ENTERED INTO, SHALL BE TREATED 29 AS A DOMESTIC PARTNERSHIP IN THIS STATE. 30 (C) THE REGISTRATION OF A DOMESTIC PARTNERSHIP BY TWO INDIVIDUALS 31 WHO ARE ALSO MARRIED TO EACH OTHER IN ANOTHER STATE MAY NOT BE 32 CONSIDERED EVIDENCE, KNOWLEDGE, AWARENESS, OR AN ADMISSION THAT THE 33 DOMESTIC PARTNERS ARE NOT LAWFULLY MARRIED. 34 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland 35 read as follows: 10 HOUSE BILL 1284 1 Article - Health - General 2 1-101. 3 (a) In this article the following words have the meanings indicated. 4 (b) "County" means a county of this State and, unless expressly provided 5 otherwise, Baltimore City. 6 (c) "Department" means the Department of Health and Mental Hygiene. 7 (D) "DOMESTIC PARTNER" MEANS AN INDIVIDUAL WHO HAS REGISTERED FOR 8 A CERTIFICATE OF DOMESTIC PARTNERSHIP WITH THE SECRETARY UNDER TITLE 6 9 OF THIS ARTICLE. 10 [(d)] (E) "Health officer" means, unless expressly provided otherwise, the 11 Baltimore City Commissioner of Health or the health officer of a county. 12 [(e)] (F) "Includes" or "including" means includes or including by way of 13 illustration and not by way of limitation. 14 [(f)] (G) "Local health planning agency" means the health department of a 15 jurisdiction or a body designated by the local health department to perform health 16 planning functions. 17 [(g)] (H) "Medical examiner" means: 18 (1) The Chief Medical Examiner; 19 (2) The Deputy Chief Medical Examiner; 20 (3) Any assistant medical examiner; or 21 (4) Any deputy medical examiner. 22 [(h)] (I) "Person" means an individual, receiver, trustee, guardian, personal 23 representative, fiduciary, or representative of any kind and any partnership, firm, 24 association, corporation, or other entity. 25 [(i)] (J) "Physician" means an individual who is authorized under the 26 Maryland Medical Practice Act to practice medicine in this State. 27 [(j)] (K) "Secretary" means the Secretary of Health and Mental Hygiene. 28 [(k)] (L) "State" means: 29 (1) A state, possession, or territory of the United States; 30 (2) The District of Columbia; or 31 (3) The Commonwealth of Puerto Rico. 11 HOUSE BILL 1284 1 4-215. 2 (a) In this section, "cemetery" includes a crematory or other place for final 3 disposition. 4 (e) (1) A permit for disinterment and reinterment is required before the 5 disinterment of human remains if reinterment is not to be made in the same 6 cemetery. The Secretary or a health officer shall issue the permit after receipt of an 7 application on the form that the Secretary requires. 8 (2) If all human remains in a cemetery are to be disinterred for purposes 9 of relocation or abandonment of the cemetery, one application is sufficient for that 10 purpose. 11 (3) The Department shall keep a record of each permit issued for the 12 disinterment and reinterment of human remains. 13 (4) Except as provided in paragraph (5) of this subsection, the 14 Department may not disclose or allow public inspection of information in a permit 15 record about the location of the site of a disinterment or reinterment if a local burial 16 sites advisory board or the Director of the Maryland Historical Trust determines that: 17 (i) The site is historic property, as defined in Article 83B, § 5-601 18 of the Code; and 19 (ii) Disclosure would create a substantial risk of harm, theft, or 20 destruction to the site. 21 (5) The Department may not deny inspection of a permit record to: 22 (i) The owner of the site of the disinterment or reinterment; 23 (ii) A governmental entity that has the power of eminent domain; or 24 (iii) The spouse, DOMESTIC PARTNER, next of kin, or appointed 25 personal representative of the deceased whose human remains have been disinterred 26 or reinterred. 27 5-501. 28 (a) Consent for a postmortem examination of a body by a physician is 29 sufficient if the consent is given as provided in this section. 30 (b) (1) The consent may be given by any one of the following persons if that 31 person, whether alone or with another, has assumed control of the body for its final 32 disposition: 33 (i) A parent; 34 (ii) A spouse; 12 HOUSE BILL 1284 1 (III) A DOMESTIC PARTNER; 2 [(iii)] (IV) A child; 3 [(iv)] (V) A guardian; 4 [(v)] (VI) A next of kin; or 5 [(vi)] (VII) In the absence of these persons, any other person. 6 (2) If a person does not assume control of a body under paragraph (1) of 7 this subsection, the consent may be given by the State Anatomy Board. 8 5-509. 9 (a) Any individual who is 18 years of age or older may decide the disposition of 10 the individual's own body after that individual's death without the predeath or 11 post-death consent of another person by executing a document that expresses the 12 individual's wishes regarding disposition of the body or by entering into a pre-need 13 contract. 14 (c) Unless a person has knowledge that contrary directions have been given by 15 the decedent, if a decedent has not executed a document under subsection (a) of this 16 section, the following persons, in the order of priority stated, have the right to arrange 17 for the final disposition of the body of the decedent, including by cremation under § 18 5-502 of this subtitle: 19 (1) The surviving spouse OR DOMESTIC PARTNER of the decedent; 20 (2) An adult child of the decedent; 21 (3) A parent of the decedent; 22 (4) An adult brother or sister of the decedent; 23 (5) A person acting as a representative of the decedent under a signed 24 authorization of the decedent; 25 (6) The guardian of the person of the decedent at the time of the 26 decedent's death, if one has been appointed; or 27 (7) In the absence of any person under paragraphs (1) through (6) of this 28 subsection, any other person willing to assume the responsibility to act as the 29 authorizing agent for purposes of arranging the final disposition of the decedent's 30 body, including the personal representative of the decedent's estate, after attesting in 31 writing that a good faith effort has been made to no avail to contact the individuals 32 under paragraphs (1) through (6) of this subsection. 33 5-605. 34 (a) (1) In this subsection, "unavailable" means: 13 HOUSE BILL 1284 1 (i) After reasonable inquiry, a health care provider is unaware of 2 the existence of a surrogate decision maker; 3 (ii) After reasonable inquiry, a health care provider cannot 4 ascertain the whereabouts of a surrogate decision maker; 5 (iii) A surrogate decision maker has not responded in a timely 6 manner, taking into account the health care needs of the individual, to a written or 7 oral message from a health care provider; 8 (iv) A surrogate decision maker is incapacitated; or 9 (v) A surrogate decision maker is unwilling to make decisions 10 concerning health care for the individual. 11 (2) The following individuals or groups, in the specified order of priority, 12 may make decisions about health care for a person who has been certified to be 13 incapable of making an informed decision and who has not appointed a health care 14 agent in accordance with this subtitle. Individuals in a particular class may be 15 consulted to make a decision only if all individuals in the next higher class are 16 unavailable: 17 (i) A guardian for the patient, if one has been appointed; 18 (ii) The patient's spouse OR DOMESTIC PARTNER; 19 (iii) An adult child of the patient; 20 (iv) A parent of the patient; 21 (v) An adult brother or sister of the patient; or 22 (vi) A friend or other relative of the patient who meets the 23 requirements of paragraph (3) of this subsection. 24 5-612. 25 (a) (1) A health care provider for an individual incapable of making an 26 informed decision who believes that an instruction to withhold or withdraw a 27 life-sustaining procedure from the patient is inconsistent with generally accepted 28 standards of patient care shall: 29 (i) Petition a patient care advisory committee for advice concerning 30 the withholding or withdrawal of the life-sustaining procedure from the patient if the 31 patient is in a hospital or related institution; or 32 (ii) File a petition in a court of competent jurisdiction seeking 33 injunctive or other relief relating to the withholding or withdrawal of the 34 life-sustaining procedure from the patient. 14 HOUSE BILL 1284 1 (2) In reviewing a petition filed under paragraph (1) of this subsection, 2 the court shall follow the standards set forth in §§ 13-711 through 13-713 of the 3 Estates and Trusts Article. 4 (b) On petition of the patient's spouse, DOMESTIC PARTNER, a parent, adult 5 child, grandchild, brother, or sister of the patient, or a friend or other relative who has 6 qualified as a surrogate under § 5-605 of this subtitle to a circuit court of the county 7 or city in which the patient for whom treatment will be or is currently being provided, 8 withheld, or withdrawn under this subtitle resides or is located, the court may enjoin 9 that action upon finding by a preponderance of the evidence that the action is not 10 lawfully authorized by this subtitle or by other State or federal law. 11 (c) Except for cases that the court considers of greater importance, a 12 proceeding under this section, including an appeal, shall: 13 (1) Take precedence on the docket; 14 (2) Be heard at the earliest practicable date; and 15 (3) Be expedited in every way. 16 10-807. 17 (a) The Director may transfer an individual from a public facility to another 18 public facility or, if a private facility agrees, to that private facility, if the Director 19 finds that: 20 (1) The individual either can receive better care or treatment in or would 21 be more likely to benefit from care or treatment at the other facility; or 22 (2) The safety or welfare of other individuals would be furthered. 23 (e) An individual may not be transported to or from any facility unless 24 accompanied by: 25 (1) An ambulance attendant or other individual who is authorized by the 26 facility and is of the same sex. However, the chief executive officer of the facility or 27 that officer's designee may designate an ambulance attendant or other person of 28 either sex to provide transportation to an individual, if deemed appropriate; or 29 (2) The parent, spouse, DOMESTIC PARTNER, adult sibling, or adult 30 offspring of the individual. 31 19-310. 32 (a) In this section, "designated requestor" means a hospital employee who has 33 completed a course offered by an organ, tissue, or eye recovery agency on how to 34 approach potential donor families and request organ or tissue donation. 35 (d) (1) Except as provided in subsection (j) of this section, when an 36 individual dies in a hospital in accordance with § 5-202 of this article, a 15 HOUSE BILL 1284 1 representative of the appropriate organ, tissue, or eye recovery agency or a 2 designated requestor shall request, with sensitivity, in the order of stated priority, 3 that the individual's representative consent to the donation of all or any of the 4 decedent's organs or tissues as an anatomical donation if suitable. 5 (2) For the purposes of paragraph (1) of this subsection, the 6 representative of the deceased individual is 1 of the following individuals listed in the 7 following order of priority: 8 (i) A spouse OR DOMESTIC PARTNER, but, if not alive or not 9 competent, then; 10 (ii) A son or daughter who is at least 18 years old, but, if not alive, 11 competent, or immediately available, then; 12 (iii) A parent, but, if not alive, competent, or immediately available, 13 then; 14 (iv) A brother or sister who is at least 18 years old, but, if not alive 15 or not competent, then; 16 (v) A guardian; 17 (vi) A friend or other relative of the decedent, if the individual: 18 1. Is a competent individual; and 19 2. Presents an affidavit to the attending physician stating: 20 A. That the individual is a relative or close friend of the 21 decedent; and 22 B. Specific facts and circumstances demonstrating that the 23 individual maintained regular contact with the decedent sufficient to be familiar with 24 the decedent's activities, health, and personal beliefs; or 25 (vii) Any other person authorized or required to dispose of the body. 26 (3) (i) This subsection does not apply if the decedent has given 27 contrary directions. 28 (ii) The failure of the decedent to make a gift is not a contrary 29 direction for purposes of this subsection. 30 (4) Contrary directions given by the decedent under this subsection shall 31 be recorded in the decedent's medical record. 32 (5) The representative of the appropriate organ, tissue, or eye recovery 33 agency or the designated requestor and the representative of the deceased patient are 34 entitled to protection from civil and criminal liability as provided in § 4-508(b) of the 35 Estates and Trusts Article. 16 HOUSE BILL 1284 1 (g) A hospital may not bill the estate of the decedent, a surviving spouse OR 2 DOMESTIC PARTNER of the decedent, any heirs of the decedent, or an insurer of the 3 decedent for the costs associated with the removal of all or any of the decedent's 4 organs or tissues for the purpose of an anatomical donation. 5 (j) The consent of the decedent's representative is not necessary and the 6 provisions of subsection (d) of this section do not apply if: 7 (1) The decedent's driver's license or identification card contains a 8 notation that the decedent is an organ donor; or 9 (2) The decedent has consented to the gift of all or any part of the 10 decedent's body in accordance with the provisions of: 11 (i) § 5-604.1 of this article; or 12 (ii) Title 4, Subtitle 5 of the Estates and Trusts Article. 13 19-343. 14 (a) In this section and §§ 19-344 and 19-345 of this subtitle, "facility" means 15 a related institution that, under the rules and regulations of the Department, is a 16 comprehensive care facility or an extended care facility. 17 (b) (1) The General Assembly intends to promote the interests and 18 well-being of each resident of a facility. 19 (2) It is the policy of this State that, in addition to any other rights, each 20 resident of a facility has the following basic rights: 21 (i) The right to be treated with consideration, respect, and full 22 recognition of human dignity and individuality; 23 (ii) The right to receive treatment, care, and services that are 24 adequate, appropriate, and in compliance with relevant State and federal laws, rules, 25 and regulations; 26 (iii) The right to privacy; 27 (iv) The right to be free from mental and physical abuse; 28 (v) The right to expect and receive appropriate assessment, 29 management, and treatment of pain as an integral component of the patient's care; 30 (vi) The right to be free from physical and chemical restraints, 31 except for restraints that a physician authorizes for a clearly indicated medical need; 32 (vii) The right to receive respect and privacy in a medical care 33 program; and 34 (viii) The right to manage personal financial affairs. 17 HOUSE BILL 1284 1 19-344. 2 (a) To carry out the policy set forth in § 19-343 of this subtitle, the following 3 procedures are required for all services provided to a resident of a facility. 4 (h) If it is feasible to do so and not medically contraindicated, spouses OR 5 DOMESTIC PARTNERS who are both residents of the facility shall be given the 6 opportunity to share a room. 7 (k) (1) Each married resident of a facility shall have privacy during a visit 8 by the spouse. 9 (2) EACH RESIDENT WHO IS PARTY TO A DOMESTIC PARTNERSHIP 10 SHALL HAVE PRIVACY DURING A VISIT BY THE OTHER DOMESTIC PARTNER. 11 (q) (1) A resident of a facility or the next of kin, DOMESTIC PARTNER, or 12 guardian of the person of a resident may file a complaint about an alleged violation of 13 this section. 14 Article - Health Occupations 15 7-410. 16 (a) Any individual who is 18 years of age or older may decide the disposition of 17 the individual's own body after the individual's death without the pre-death or 18 post-death consent of another person by executing a document that expresses the 19 individual's wishes or by entering into a pre-need contract. 20 (c) Unless a person has knowledge that contrary directions have been given by 21 the decedent, if a decedent has not executed a document under subsection (a) of this 22 section, the following persons, in the order of priority stated, have the right to arrange 23 for the final disposition of the body of the decedent under this section and are liable 24 for the reasonable costs of preparation, care, and disposition of the decedent: 25 (1) The surviving spouse OR DOMESTIC PARTNER, AS DEFINED IN § 6-101 26 OF THE HEALTH - GENERAL ARTICLE, of the decedent; 27 (2) An adult child of the decedent; 28 (3) A parent of the decedent; 29 (4) An adult brother or sister of the decedent; 30 (5) A person acting as a representative of the decedent under a signed 31 authorization of the decedent; 32 (6) The guardian of the person of the decedent at the time of the 33 decedent's death, if a guardian has been appointed; or 18 HOUSE BILL 1284 1 (7) In the absence of any person under paragraphs (1) through (6) of this 2 subsection, any other person willing to assume the responsibility to act as the 3 authorizing agent for purposes of arranging the final disposition of the decedent's 4 body, including the personal representative of the decedent's estate, after attesting in 5 writing that a good faith effort has been made to no avail to contact the persons 6 described in paragraphs (1) through (6) of this subsection. 7 Article - Real Property 8 14-121. 9 (a) (1) In this section the following words have the meanings indicated. 10 (2) (i) "Burial site" means any natural or prepared physical location, 11 whether originally located below, on, or above the surface of the earth into which 12 human remains or associated funerary objects are deposited as a part of a death rite 13 or ceremony of any culture, religion, or group. 14 (ii) "Burial site" includes the human remains and associated 15 funerary objects that result from a shipwreck or accident and are intentionally left to 16 remain at the site. 17 (3) "Cultural affiliation" means a relationship of shared group identity 18 that can be reasonably traced historically between a present-day group, tribe, band, 19 or clan and an identifiable earlier group. 20 (4) "Person in interest" means a person who: 21 (i) Is related by blood or marriage to the person interred in a burial 22 site; 23 (II) IS A DOMESTIC PARTNER, AS DEFINED IN § 6-101 OF THE 24 HEALTH - GENERAL ARTICLE, OF A PERSON INTERRED IN A BURIAL SITE; 25 [(ii)] (III) Has a cultural affiliation with the person interred in a 26 burial site; or 27 [(iii)] (IV) Has an interest in a burial site that the Office of the 28 State's Attorney for the county where the burial site is located recognizes is in the 29 public interest after consultation with a local burial sites advisory board or, if such a 30 board does not exist, the Maryland Historical Trust. 31 Article - Estates and Trusts 32 4-501. 33 (a) In this subtitle the following words have the meanings indicated. 34 (b) "Body" or "part of body" includes organs, tissues, bones, blood, and other 35 body fluids. 19 HOUSE BILL 1284 1 (c) "Licensed hospital" includes any hospital licensed by the State Department 2 of Health and Mental Hygiene under the laws of the State, and any hospital operated 3 by the United States government, although not required to be licensed under the laws 4 of the State. 5 (d) "Next of kin" includes spouse AND DOMESTIC PARTNER, AS DEFINED IN § 6 6-101 OF THE HEALTH - GENERAL ARTICLE. 7 (e) "Person" means any individual, corporation, government or governmental 8 agency or subdivision, estate, trust, partnership or association, or any other legal 9 entity. 10 (f) "Physician" or "surgeon" means any physician or surgeon licensed to 11 practice under the laws of the State. 12 SECTION 3. AND BE IT FURTHER ENACTED, That if any provision of this 13 Act or the application thereof to any person or circumstance is held invalid for any 14 reason in a court of competent jurisdiction, the invalidity does not affect other 15 provisions or any other application of this Act which can be given effect without the 16 invalid provision or application, and for this purpose the provisions of this Act are 17 declared severable. 18 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 July 1, 2004.