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Session Laws, 1994
Volume 773, Page 3024   View pdf image
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Ch. 668

1994 LAWS OF MARYLAND

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

(d)     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 TRANSPLANT RESOURCE CENTER OF
MARYLAND, INC.. THE WASHINGTON REGIONAL TRANSPLANT CONSORTIUM, THE
MEDICAL EYE BANK OF MARYLAND, THE LIONS OF DISTRICT 22-C EYE BANK AND
RESEARCH FOUNDATION, INCORPORATED, 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.

(e)     The provisions of this section shall in no way interfere with the duties of the
office of the Chief Medical Examiner. In sudden deaths under the jurisdiction of the
office of the Chief Medical Examiner as provided in § 5-309 of this article, notification
will be made to the office of the Chief Medical Examiner prior to organ removal.

(F)     THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION DO NOT APPLY IF
THE DECEDENT'S DRIVER'S LICENSE OR IDENTIFICATION CARD CONTAINS A
NOTATION THAT THE DECEDENT IS AN ORGAN DONOR.

(G)     A HEALTH CARE PRACTITIONER OR A HEALTH CARE FACILITY,
INCLUDING ANY DESIGNATED EMPLOYEE OR AGENT OF A HEALTH CARE FACILITY,
ACTING IN GOOD FAITH TO RECOVER ORGANS OR TISSUES PURSUANT TO A
NOTATION ON THE DECEDENT'S DRIVER'S LICENSE OR IDENTIFICATION CARD THAT
THE DECEDENT IS AN ORGAN DONOR, MAY NOT BE HELD LIABLE IN ANY CAUSE OF
ACTION RELATED TO THE RECOVERY AND DONATION OF THE DECEDENT'S ORGANS
OR TISSUES.

Article - Transportation

12-303.

(a)     In this section, "driver's license" does not include any temporary license or
learner's permit.

(b)     The Administration shall provide for a method by which an applicant for a
driver's license or identification card can designate that the applicant [is, under the
Maryland Anatomical Gift Act, a donor] CONSENTS TO THE GIFT of all body organs or
parts for the purposes of transplantation, therapy, or medical research and education.

(c)     If an applicant designates that he is such a donor [under the Maryland
Anatomical Gift Act], the Administration may make a notation of this fact on the driver's
license or identification card issued to the applicant.

(d)     The donor designation noted on the driver's license or identification card:

(1) Is sufficient legal authority for the removal of a body organ or part on
the death of the donor; and

- 3024 -

 

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Session Laws, 1994
Volume 773, Page 3024   View pdf image
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