WILLIAM DONALD SCHAEFER, Governor                    Ch. 333

is one 1 of the following persons INDIVIDUALS listed in the
following order of priority:

(i) A spouse, but, if not alive and OR NOT
competent, then;

(II) A SON OR DAUGHTER WHO IS AT LEAST 18 YEARS
OLD, BUT, IF NOT ALIVE OR NOT COMPETENT, THEN;

(ii) (III) A parent, but, if not alive and OR
NOT competent, then;

(iii) (IV) A brother or sister who is at least
18 years old, but, if not alive and OR NOT competent, then;

(iv) (V) A guardian.

(3)  This subsection does not apply if the decedent
has given actual notice of any objection.

(4)  Notice of an objection under this subsection
shall be recorded in the decedent's medical record.}

(5) THE HOSPITAL ADMINISTRATOR OR A DESIGNEE OF THE
HOSPITAL ADMINISTRATOR AND THE REPRESENTATIVE OF THE DECEASED
PATIENT ARE ENTITLED TO PROTECTION FROM CIVIL AND CRIMINAL
LIABILITY AS PROVIDED IN § 4-508(B) OF THE ESTATES AND TRUSTS
ARTICLE.

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

(2) 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
TRUSTS ARTICLE WHO IS A MEMBER OF A PRIOR CLASS OF PERSONS HAS
GIVEN ACTUAL NOTICE OF ANY OBJECTION.

(3) THE HOSPITAL ADMINISTRATOR OR A DESIGNATED

REPRESENTATIVE OF THE ADMINISTRATOR SHALL RECORD IN THE

DECEDENT'S MEDICAL RECORD ANY NOTICE OF AN OBJECTION.

(c) In all discussions concerning donations of organs and
tissues, the hospital administrator or a designee of the
administrator shall show reasonable discretion and sensitivity:

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