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Session Laws, 1987
Volume 769, Page 3691   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

the hospital administrator or a designee of the hospital
administrator shall request, with sensitivity, in the order of
stated priority, that the [patient's] 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) For the purposes of paragraph (1) of this

subsection, the representative of the deceased

[patient] INDIVIDUAL 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 AND OR NOT COMPETENT, THEN;

(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.

(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:

(1) To the circumstances of the family of a the
decedent;

(2) To the religious beliefs of the decedent; and

(3) To the nonsuitability for organ or tissue
donation of the decedent.

(d) [If] WHEN a hospital administrator or a designee of
the administrator makes a request under subsection (b)(1) of this
section, the administrator or representative shall:

- 3691 -

 

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Session Laws, 1987
Volume 769, Page 3691   View pdf image
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