Current with changes from the 2024 Legislative Session
Section 18-109 - Third party reliance(a) A third party is not subject to civil or criminal liability or discipline for unprofessional conduct for: (1) If the third party acted in good faith reliance on a decision made by an adult utilizing a supported decision-making agreement, complying with an adult's decision in accordance with a supported decision-making agreement or otherwise complying with a supported decision-making agreement based on a good faith assumption that the supported decision-making agreement was valid when made and not revoked or abrogated; or(2) Declining to honor a decision made by an adult utilizing a supported decision-making agreement or failing to comply with a supported decision-making agreement based on a reasonable good faith belief that: (i) The agreement was invalid, revoked, or abrogated; or(ii) A supporter was coercing or unduly influencing the adult or otherwise acting outside the scope of the agreement.(b) This section may not be construed to provide immunity from actions alleging that a third party has: (1) Caused personal injury as a result of a negligent, reckless, or intentional act;(2) Failed to give effect to an adult's decision made in accordance with a valid decision-making agreement;(3) Failed to provide information either to the adult or a supporter of the adult that would be necessary for informed consent; or(4) Otherwise acted inconsistently with applicable law.Added by 2022 Md. Laws, Ch. 631, Sec. 1, eff. 10/1/2022.