An Act To Clarify the Policy for Withdrawal of Life Support from Minors
Maine Legislature, Session 127, LD 1117
Committee: Judiciary
Sponsors: CUSHING, HILLIARD, EDGECOMB, HASKELL, VOLK, HANLEY, MAKER, PICCHIOTTI, TIMBERLAKE, VEROW
Amends: 18-A MRSA §5

Legislative Document 
No. 1117 
S.P. 389 
In Senate, March 26, 2015 
An Act To Clarify the Policy for Withdrawal of Life Support from 
Minors 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Representative HILLIARD of Belgrade and 
Senators: EDGECOMB of Aroostook, HASKELL of Cumberland, VOLK of Cumberland, 
Representatives: HANLEY of Pittston, MAKER of Calais, PICCHIOTTI of Fairfield, 
TIMBERLAKE of Turner, VEROW of Brewer. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §5-819 is enacted to read: 
§5-819.  Withholding and withdrawal of life-sustaining treatment for minors 
(a).   As used in this section, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1).  "Attending physician" means the physician who has primary responsibility for 
the medical care and treatment of a minor. 
(2).  "Authorized legal surrogate" means the person or persons with legal custody of a 
minor and with the authority to make legal medical decisions for that minor, 
including that minor's parent or parents.  "Authorized legal surrogate" does not 
include a legal guardian or a state agency or representative for a minor when the 
minor's parents' full parental rights have not been permanently terminated. 
(3).  "Communication" means an in-person or telephone conversation, a message 
such as a voicemail or a letter or other written communication including e-mail. 
(4).  "Health care facility" means a hospital or ambulatory surgical center licensed 
under Title 22, chapter 405. 
(5).  "Life-sustaining treatment" means the short-term or long-term use of a medical 
device or procedure, drugs, surgery or therapy that uses mechanical or other artificial 
means to sustain, restore or supplant a vital bodily function, the withholding of which 
is more likely than not to lead to severe physical harm or death.  "Life-sustaining 
treatment" does not include the provision of nutrition and hydration. 
(6).  "Minor" means a person under 18 years of age. 
(7).  "Physician" means a person licensed under Title 32, chapter 36 or 48 to practice 
medicine in the State as a medical or osteopathic physician. 
(b).   A physician may withhold or withdraw life-sustaining treatment for a minor, 
institute a do-not-resuscitate order for a minor or take other action that is more likely than 
not to lead to severe physical harm or death of a minor only if the authorized legal 
surrogate for the minor gives direction in writing.  Before giving a direction under this 
subsection, the authorized legal surrogate shall consult with the minor's attending 
physician and follow all procedures required by the health care facility.  The authorized 
legal surrogate shall also obtain a 2nd opinion from another physician with adequate 
expertise and experience of the minor's diagnosis, prognosis and risks and the probable 
result of the proposed action and available alternatives.  The authorized legal surrogate 
may rescind the direction at any time by a communication, which takes effect upon 
receipt, to the attending physician or health care facility. 
SUMMARY 
This bill authorizes a physician to withhold or withdraw life sustaining treatment for 
a minor or institute a do-not-resuscitate order for a minor only if the authorized legal 
surrogate for the minor gives direction in writing.  This bill specifies that an "authorized 
legal surrogate" does not include a legal guardian or state agency or representative for a 
minor when the minor's parents' full parental rights have not been terminated.