§ 4-509. Recipients of anatomical gifts
West's Annotated Code of MarylandEstates and TrustsEffective: January 1, 2022
Effective: January 1, 2022
MD Code, Estates and Trusts, § 4-509
§ 4-509. Recipients of anatomical gifts
(a) An anatomical gift may be made to the following persons named in a document of gift:
(b) If an anatomical gift to an individual under subsection (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (g) of this section in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) of this section but identifies the purpose for which an anatomical gift may be used, the following provisions apply:
(d) For the purpose of subsection (c) of this section, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used:
(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift passes in accordance with subsection (g) of this section.
(f)(1) Except as provided in paragraph (2) of this subsection, if a document of gift specifies only a general intent to make an anatomical gift by words such as “donor”, “organ donor”, or “body donor”, or by a symbol or statement of similar import, the gift passes in accordance with subsection (g) of this section and may be used for transplantation, research, education, or therapy.
(g) For purposes of subsections (b), (e), and (f) of this section, the following provisions apply:
(h) Other than an anatomical gift under subsection (a)(2) of this section, an anatomical gift of an organ for transplantation or therapy, research, or education passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass in accordance with subsections (a) through (h) of this section, or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j)(1) A person may not accept an anatomical gift if the person knows that:
Credits
Added by Acts 2011, c. 541, § 2, eff. Oct. 1, 2011. Amended by Acts 2021, c. 508, § 1, eff. Jan. 1, 2022; Acts 2021, c. 509, § 1, eff. Jan. 1, 2022.
MD Code, Estates and Trusts, § 4-509, MD EST & TRST § 4-509
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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