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§ 4-512. Referrals to procurement organizations

West's Annotated Code of MarylandEstates and TrustsEffective: January 1, 2022

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: January 1, 2022
MD Code, Estates and Trusts, § 4-512
§ 4-512. Referrals to procurement organizations
Duty of hospital to search donor registry
(a) Whenever a hospital refers an individual who is dead or whose death is imminent to a procurement organization to ascertain whether the individual has made an anatomical gift, the organization shall make a reasonable search of any national and local donor registry that exists for the geographical area in which the individual resides.
Duty of organization to determine suitability of donation
(b)(1) When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education.
(2) During the examination period, measures necessary to ensure the medical suitability of a part from a prospective donor:
(i) May not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent; and
(ii) May be administered, unless it is determined that the administration of those measures would not provide the prospective donor with appropriate end-of-life care consistent with reasonable medical judgment.
Duty of persons to determine suitability of body or part
(c) Unless prohibited by law other than this subtitle, at any time after a donor's death, the person to which a part passes under § 4-509 of this subtitle may conduct a reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
Scope of examination
(d) Unless prohibited by law other than this subtitle, an examination under subsection (b) or (c) of this section may include an examination of all medical and dental records of the donor or prospective donor.
Duty of procurement organization to search for parents of minor
(e) On the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows that the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
Duty of procurement organization to search for persons able to make gift
(f)(1) On a referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for a person listed in § 4-507 of this subtitle having priority to make an anatomical gift on behalf of a prospective donor.
(2) If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, the procurement organization shall promptly advise the other person of all relevant information.
Acceptance or rejection of anatomical gift
(g)(1) Subject to §§ 4-509(i) and 4-519 of this subtitle, after the death of the donor, the rights of a person to which a part passes under § 4-509 of this subtitle are superior to the rights of all others with respect to the part.
(2) The person to which a part passes under § 4-509 of this subtitle may accept or reject an anatomical gift in whole or in part.
(3) Subject to the terms of a document of gift and this subtitle, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and the use of remains in a funeral service.
(4) If an anatomical gift of a part is made under § 4-509 of this subtitle, on the death of the donor and before embalming, burial, or cremation, the person to which the part passes shall have the part removed without unnecessary mutilation.
Restrictions relating to participation in removing or transplanting part
(h) A physician who attends a decedent at death and a physician who determines the time of a decedent's death may not participate in the procedures for removing or transplanting a part from the decedent.
Removal of donated part
(i)(1) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
(2) An organ procurement organization may recover a donated body part from the body of a donor on behalf of an eye bank or tissue bank.
Agreements between hospitals and procurement organizations
(j) Each hospital in the State shall enter into an agreement or affiliation with a procurement organization for coordination of procurement and use of anatomical gifts.

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, § 4-512, MD EST & TRST § 4-512
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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