WILLIAM DONALD SCHAEFER, Governor Ch. 342

[(b)] (1) In accordance with § 5-202 of this article, when
an individual 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
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 individual is 1 of
the following individuals listed in the following order of
priority:

(i) A spouse, but, if not alive or not
competent, then;

(ii) A son or daughter who is at least 18 years
old, but, if not alive or not competent, then;

(iii) A parent, but, if not alive or not
competent, then;

(iv) A brother or sister who is at least 18
years old, but, if not alive or not competent, then;

(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)] (B) 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 the
decedent;

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

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

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