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§ 4-519. Protocols and procedures for anatomical gifts

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2011

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 4. Wills (Refs & Annos)
Subtitle 5. Maryland Revised Uniform Anatomical Gift Act (Refs & Annos)
Effective: October 1, 2011
MD Code, Estates and Trusts, § 4-519
§ 4-519. Protocols and procedures for anatomical gifts
Currentness
Release of information related to anatomical gift
(a)(1) On request of a procurement organization, OCME shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of OCME.
(2) If a body or part of a decedent is medically suitable for transplantation, therapy, research, or education, OCME shall release postmortem examination results to the procurement organization that made a request under paragraph (1) of this subsection.
(3) If relevant to transplantation or therapy, a procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from OCME.
Postmortem examination by OCME
(b) OCME may conduct a postmortem examination by reviewing medical records, laboratory test results, X-rays, other diagnostic results, and other information that OCME determines may be relevant to the examination.
Information provided by OCME upon request
(c) A person that has information requested by OCME in accordance with subsection (b) of this section, shall provide the information as expeditiously as possible to allow OCME to conduct the postmortem examination within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.
Cooperation for timely removal of part
(d) OCME and a procurement organization shall cooperate in the timely removal of a part from a decedent if:
(1) An anatomical gift has been or might be made of a part of the decedent whose body is under the jurisdiction of OCME and a postmortem examination is not required; or
(2) OCME determines that a postmortem examination is required but that the recovery of the part that is the subject of the anatomical gift will not interfere with the examination.
Agreements relating to protocols and procedures
(e)(1) OCME and procurement organizations shall enter into an agreement setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of OCME has been or might be made, but OCME believes that the recovery of the part could interfere with the postmortem examination into the decedent's cause or manner of death.
(2) Decisions regarding the recovery of organs, tissue, and eyes under this subsection shall be made in accordance with the agreement described in paragraph (1) of this subsection.
(3) If OCME denies recovery of an anatomical gift, the procurement organization may request that OCME reconsider the denial and allow the recovery to proceed.
(4) The parties shall evaluate the effectiveness of the protocols and procedures agreed to under this subsection at regular intervals, but no less frequently than every 2 years.
Record by physician or technician who removes part
(f) If OCME or a designee allows recovery of a part under subsection (d) or (e) of this section, on request, the procurement organization shall cause the physician or technician who removes the part to provide OCME with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.
Presence of OCME at removal procedure
(g) If OCME or a designee is required to be present at a removal procedure under subsection (e) of this section, on request, the procurement organization requesting the recovery of the part shall reimburse OCME or a designee for the additional costs incurred in complying with subsection (f) of this section.

Credits

Added by Acts 2011, c. 541, § 2, eff. Oct. 1, 2011.
MD Code, Estates and Trusts, § 4-519, MD EST & TRST § 4-519
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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