254

LAWS OF MARYLAND

Ch. 21

(2) IF A PERSON DOES NOT ASSUME CONTROL OF A
BODY UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE CONSENT MAY
BE GIVEN BY THE STATE ANATOMY BOARD.

(C) FORM OF CONSENT.

THE CONSENT MAY BE IN THE FORM OF:

(1)  A WRITTEN DOCUMENT;

(2)  A TELEGRAM; OR

(3)  A RECORDED TELEPHONIC OR OTHER RECORDED
MESSAGE.

REVISOR'S NOTE: Subsections (a), (b)(1), and (c) of
this section are new language derived without
substantive change from former Article 43, § 131.

Subsection (b)(2) of this section is new language
added to provide expressly for occasions when a
body is unclaimed and, thus, comes under the
control of the State Anatomy Board. This
addition reflects the actual practice of the
Board.

In subsection (a) of this section, the defined
term "physician" is substituted for the phrase
"doctor of medicine or doctor of osteopathy".
This substitution clarifies that consent is given
for a postmortem examination by an individual who
is authorized to practice medicine, rather than
by an individual who holds only a degree. It
also reflects that physicians hold degrees other
than "doctor of medicine"; -- e.g., since Ch.
238, Acts of 1981 repealed the provisions for
separate licensing as a doctor of osteopathy,
individuals who practice osteopathy now must be
licensed as physicians.

In subsection (b)(1) of this section, the phrase
"for its final disposition" is substituted for
the phrases "for purposes of burial" and "legal
disposal of the body" to encompass dispositions
such as cremation and to conform to similar
references elsewhere in this article.

Defined terms: "Body" § 5-101

"Person" § 1-101 "Physician" § 1-101

5-502. CREMATION — REQUIRED IDENTIFICATION AND
AUTHORIZATION.

(A) SCOPE OF SECTION.