WILLIAM DONALD SCHAEFER, Governor

Ch. 668

Article - Health - General

19-310.

(a)      (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.

(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.

- 3023 -