Marvin Mandel, Governor                       1769

CHAPTER 693
(House Bill 104)

AN ACT to add new Section 54F to Article 43 of the Annotated Code
of Maryland (1971 Replacement Volume and 1971 Supplement),
title "Health," subtitle "Miscellaneous Provisions," to follow im-
mediately after Section 54E thereof, to provide a definition of
when a person will be considered medically and legally dead.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 54F be and it is hereby added to Article 43 of the
Annotated Code of Maryland (1971 Replacement Volume and 1971
Supplement), title "Health," subtitle "Miscellaneous Provisions," to
follow immediately after Section 54E thereof, and to read as fol-
lows:

(a)    A person will be considered medically and legally dead if, in
the opinion of a physician, based on ordinary standards of medical
practice, there is the absence of spontaneous respiratory and cardiac
function and, because of the disease or condition which caused, di-
rectly or indirectly, these functions to cease, or because of the pas-
sage of time since these functions ceased, attempts at resuscitation
are considered hopeless; and, in this event, death will have occurred
at the time these functions ceased; or

(b)    A person will be considered medically and legally dead if, in
the opinion of a physician, based on ordinary standards of medical
practice AND BECAUSE OF A KNOWN DISEASE OR CONDI-
TION, there is the absence of spontaneous brain function; and if
based on ordinary standards of medical practice, during reasonable
attempts to either maintain or restore spontaneous circulatory or
respiratory function in the absence of spontaneous brain function, it
appears that further attempts at resuscitation or supportive main-
tenance will not succeed, death will have occurred at the time when
these conditions first coincide. Death is to be pronounced before
artificial means of supporting respiratory and circulatory function
are terminated and before any vital organ is removed for purposes
of transplantation.

(c)    These alternative definitions of death are to be utilized for
all purposes in this State, including the trials of civil and criminal
cases, any laws to the contrary notwithstanding.

Sec. 2. And be it further enacted, That this Act will take effect
July 1, 1972.

Approved May 31, 1972.

CHAPTER 694
(House Bill 223)

AN ACT to add new Section 462A to Article 27 of the Annotated
Code of Maryland (1971 Replacement Volume and 1971 Supple-

54F.