2918

LAWS OF MARYLAND

Ch. 764

(A) AS PART OF A HOSPITAL'S STANDARD, NONEMERGENCY
ADMISSION PROCEDURES FOR A PATIENT WHO NEEDS INPATIENT OR
OUTPATIENT CARE, THE HOSPITAL ADMINISTRATOR OR A DESIGNATED
REPRESENTATIVE OF THE ADMINISTRATOR SHALL:

(1)  ASCERTAIN WHETHER THE PATIENT IS CURRENTLY AN
ORGAN OR TISSUE DONOR; AND

(2)  INCLUDE THE INFORMATION UNDER ITEM (1) OF THIS
SUBSECTION ON THE ADMISSION FORM OF THE PATIENT.

(B) (1) WHEN AN INDIVIDUAL DIES IN A HOSPITAL, THE HOSPITAL
ADMINISTRATOR OR A DESIGNATED REPRESENTATIVE OF THE ADMINISTRATOR
SHALL REQUEST THE PERSONS DESCRIBED IN § 4-503(B) OF THE ESTATES
AND TRUST ARTICLE, IN THE LISTED ORDER OF PRIORITY, TO CONSENT TO
THE DONATION OF ALL OR ANY OF THE DECEDENT'S ORGANS OR TISSUES AS
AN ANATOMICAL DONATION.

(B)(1) IN ACCORDANCE WITH §§ 5-202 AND 5-203 OF THIS
ARTICLE, WHEN AN INDIVIDUAL A MINOR PATIENT DIES IN A HOSPITAL,
THE HOSPITAL ADMINISTRATOR OR A DESIGNEE OF THE HOSPITAL
ADMINISTRATOR SHALL REQUEST, WITH SENSITIVITY, IN THE ORDER OF
STATED PRIORITY, THAT THE PATIENT'S REPRESENTATIVE CONSENT TO THE

DONATION OF ALL OR ANY OF THE DECEDENT'S ORGANS OR TISSUES AS AN
ANATOMICAL DONATION IF SUITABLE.

(2) FOR THE PURPOSES OF PARAGRAPH (1) OF THIS
SUBSECTION, THE REPRESENTATIVE OF THE DECEASED PATIENT IS ONE OF
THE FOLLOWING PERSONS LISTED IN THE FOLLOWING ORDER OF PRIORITY:

(I) A SPOUSE, BUT, IF NOT ALIVE AND COMPETENT,

THEN;

(II) A SON OR DAUGHTER 18 YEARS OF AGE OR

OLDER;

(III) (II) A PARENT, BUT, IF NOT ALIVE AND
COMPETENT, THEN;

(IV) (III) A BROTHER OR SISTER WHO IS AT LEAST
18 YEARS OLD, BUT, IF NOT ALIVE AND COMPETENT, THEN; OR

(V) (IV) A GUARDIAN.
(2) (3) THIS SUBSECTION DOES NOT APPLY IF :

(I) THE DECEDENT HAS GIVEN ACTUAL NOTICE OF ANY
OBJECTION; OR.

(II) IN THE ABSENCE OF PRIOR CONSENT FROM THE
DECEDENT, ANY PERSON DESCRIBED IN § 4-503(B) OF THE ESTATES AND
TRUST ARTICLE WHO IS A MEMBER OF A PRIOR CLASS HAS GIVEN ACTUAL
NOTICE OF ANY OBJECTION.