Ch. 28

1994 LAWS OF MARYLAND

(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.

(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.

(c)     When a hospital administrator or a designee of the administrator makes a
request under subsection (a)(1) of this section, the administrator or representative shall:

(1)     Document the request and its disposition by having the individuals
described in subsection (a)(1) of this section sign a consent form or give a witnessed
telegraphic, witnessed telephonic, or recorded consent to the donation.

(2)     Note the request and its disposition in the decedent's medical record or
death certificate.

(D) A HOSPITAL MAY NOT BILL THE ESTATE OF THE DECEDENT, A SURVIVING
SPOUSE OF THE DECEDENT, ANY HEIRS OF THE DECEDENT, OR AN INSURER OF THE
DECEDENT FOR THE COSTS ASSOCIATED WITH THE REMOVAL OF ALL OR ANY OF
THE DECEDENTS ORGANS OR TISSUES FOR THE PURPOSE OF AN ANATOMICAL
DONATION.

[(d)](E) After consultation with the Maryland Hospital Association, Inc., the
Maryland Organ Procurement Center, the Medical and Chirurgical Faculty of the State of
Maryland, the Maryland Tissue Bank, Inc., the Health Facilities Association of Maryland,
and Tissue Banks International, the Secretary shall publish guidelines designed to
facilitate implementation of this section, including guidelines for recording objections
under subsection (a) of this section.

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