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ROBERT L. EHRLICH, JR., Governor Ch. 382
the appropriate organ, tissue, or eye recovery agency or a designated requestor shall
initiate a request under [subsection (d) of this section] PARAGRAPH (4) OF THIS
SUBSECTION, if applicable.
[(d)] (4) [(1)] (I) Except as provided in [subsection (j) of this section]
PARAGRAPH (10) OF THIS SUBSECTION, when an individual dies in a hospital in
accordance with § 5-202 of this article, a representative of the appropriate organ,
tissue, or eye recovery agency or a designated requestor shall request, with
sensitivity, in the order of stated priority, that the individual's representative consent
to the donation of all or any of the decedent's organs or tissues as an anatomical
donation if suitable.
[(2)] (II) For the purposes of [paragraph (1) of this subsection]
SUBPARAGRAPH (I) OF THIS PARAGRAPH, the representative of the deceased
individual is 1 of the following individuals listed in the following order of priority:
[(i)] 1. A spouse, but, if not alive or not competent, then;
[(ii)] 2. A son or daughter who is at least 18 years old, but, if not
alive, competent, or immediately available, then;
[(iii)] 3. A parent, but, if not alive, competent, or immediately
available, then;
[(iv)] 4. A brother or sister who is at least 18 years old, but, if not
alive or not competent, then;
[(v)] 5. A guardian;
[(vi)] 6. A friend or other relative of the decedent, if the individual:
[1.] A. Is a competent individual, and
[2.] B. Presents an affidavit to the attending physician
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stating:
decedent; and
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[A.] I. That the individual is a relative or close friend of the
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[B.] II. Specific facts and circumstances demonstrating that
the individual maintained regular contact with the decedent sufficient to be familiar
with the decedent's activities, health, and personal beliefs; or
[(vii)] 7. Any other person authorized or required to dispose of the
body.
[(3)] (III) [(i)] 1. This [subsection] PARAGRAPH does not apply if the
decedent has given contrary directions.
[(ii)] 2. The failure of the decedent to make a gift is not a contrary
direction for purposes of this [subsection] PARAGRAPH.
[(4)] (IV) Contrary directions given by the decedent under this
[subsection] PARAGRAPH shall be recorded in the decedent's medical record.
- 1781 -
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