398 Laws of Maryland [Ch. 315
authorization before death, for post-mortem medical examinations
AND STUDY and post-mortem transplantations of bodily tissues
and organs, and further providing for the revocation of the au-
thorization.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 149 of Article 43 of the Annotated Code of Maryland
(1957 Edition), title "Health", sub-title "Practitioners of Medicine",
be and it is hereby repealed and re-enacted, with amendments, to read
as follows:
149. Consent to post-mortem examination.
(a) Written or telegraphic consent for a doctor of medicine to
conduct a post-mortem examination of the body of a deceased person
shall be deemed sufficient when given by whichever one of the follow-
ing assumes custody of the body for purposes of burial: Father,
mother, husband, wife, child, guardian, next of kin, or in absence of
any of the foregoing, a person who assumes the duty of legal dis-
posal of the body. If two or more of such persons assume custody
of the body, consent of one of them shall be deemed sufficient.
(b) Any person who is twenty-one (21) years of age or older
and of sound mind may execute an instrument in writing substantially
in the form provided in sub section (d) herein, duly notarized, which
provides for the post mortem examination of his body by a doctor
of medicine or the removal of tissue or organs of his body by a doctor
of medicine for transplantation to the body of a living person OR
THE USE OF HIS BODY FOR MEDICAL EDUCATION AND RE-
SEARCH. This instrument shall be sufficient authority, when pre-
sented to a doctor of medicine OR THE STATE ANATOMY BOARD,
to authorise the post mortem examination AND STUDY of the body
or the removal of tissue or organs from the body of the person exe-
cuting the instrument. The disposition of said body or portion thereof
may be made only for the purpose of advancement of medical science
or for the replacement or rehabilitation of the tissues or organs of
another person.
(B) ANY PERSON WHO IS TWENTY-ONE (21) YEARS OF
AGE OR OLDER AND OF SOUND MIND MAY EXECUTE AN
INSTRUMENT IN WRITING AS PROVIDED IN SUB-SECTION
(E) HEREIN, DULY NOTARIZED, WHICH PROVIDES FOR
THE POST-MORTEM EXAMINATION OF HIS BODY OR THE
REMOVAL OF TISSUE OR ORGANS OF HIS BODY FOR
TRANSPLANTATION TO THE BODY OF A LIVING PERSON
BY A DOCTOR OF MEDICINE WITHIN THE DEFINITION SET
OUT BY SUBSECTION (C) HEREIN. THIS INSTRUMENT
SHALL BE SUFFICIENT AUTHORITY, WHEN PRESENTED
TO SAID DOCTOR OF MEDICINE TO AUTHORIZE THE POST-
MORTEM EXAMINATION OF THE BODY OR THE REMOVAL
OF TISSUE OR ORGANS FROM THE BODY OF THE PERSON
EXECUTING THE INSTRUMENT. THE DISPOSITION OF SAID
BODY OR PORTION THEREOF MAY BE MADE ONLY FOR
THE PURPOSE OF ADVANCEMENT OF MEDICAL SCIENCE
OR FOR THE REPLACEMENT OR REHABILITATION OF THE
TISSUES OR ORGANS OF ANOTHER PERSON. ANY AUTHOR-
IZATION OR INSTRUMENT EXECUTED UNDER THE TERMS
OR PROVISIONS OF THIS ACT SHALL BE NULL AND VOID IF
OBTAINED FOR A MONETARY CONSIDERATION.
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