§ 4-512. Referrals to procurement organizations
West's Annotated Code of MarylandEstates and TrustsEffective: January 1, 2022
Effective: January 1, 2022
MD Code, Estates and Trusts, § 4-512
§ 4-512. Referrals to procurement organizations
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
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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