HARRY HUGHES, Governor

229

AN INDIVIDUAL IS CONSIDERED MEDICALLY AND LEGALLY DEAD
IF, BASED ON ORDINARY STANDARDS OF MEDICAL PRACTICE:

(1)  THERE IS NEITHER SPONTANEOUS RESPIRATORY
FUNCTION NOR SPONTANEOUS CARDIAC FUNCTION; AND

(2)  BECAUSE OF THE DISEASE OR CONDITION THAT
DIRECTLY OR INDIRECTLY CAUSED THESE FUNCTIONS TO CEASE OR
BECAUSE OF THE PASSAGE OF TIME SINCE THESE FUNCTIONS CEASED,
ATTEMPTS AT RESUSCITATION ARE CONSIDERED HOPELESS.

(B) TIME OF DEATH.

DEATH IS CONSIDERED TO HAVE OCCURRED AT THE TIME THE
FUNCTIONS DESCRIBED IN SUBSECTION (A) OF THIS SECTION
CEASED.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 54F(a).

The only changes are in style.

5-203. ABSENCE OF BRAIN FUNCTION.

(A)  DETERMINATION OF DEATH.

AN INDIVIDUAL IS CONSIDERED MEDICALLY AND LEGALLY DEAD
IF, IN THE OPINION OF A PHYSICIAN, BASED ON ORDINARY
STANDARDS OF MEDICAL PRACTICE:

(1)  THERE IS NO SPONTANEOUS BRAIN FUNCTION
BECAUSE OF A KNOWN DISEASE OR CONDITION; AND

(2)  DURING REASONABLE ATTEMPTS TO MAINTAIN OR
RESTORE SPONTANEOUS CIRCULATORY OR RESPIRATORY FUNCTION WHEN
THERE IS NO SPONTANEOUS BRAIN FUNCTION, IT APPEARS THAT
FURTHER ATTEMPTS AT RESUSCITATION OR SUPPORTIVE MAINTENANCE
WILL NOT SUCCEED.

(B)  TIME OF DEATH.

DEATH IS CONSIDERED TO HAVE OCCURRED AT THE TIME THAT
THE CONDITIONS DESCRIBED IN SUBSECTION (A) OF THIS SECTION
COINCIDED.

(C)  PRONOUNCEMENT OF DEATH.

A PRONOUNCEMENT OF DEATH UNDER THIS SECTION SHALL BE
MADE:

(1)  BEFORE ANY ARTIFICIAL MEANS OF SUPPORTING
RESPIRATORY AND CIRCULATORY FUNCTION ARE TERMINATED; AND

(2)  BEFORE ANY VITAL ORGAN IS REMOVED FOR
TRANSPLANTATION.