Ch. 671

1994 LAWS OF MARYLAND

(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)     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 MARYLAND DONOR NETWORK
TRANSPLANT RESOURCE CENTER OF MARYLAND, INC., AND THE WASHINGTON
REGIONAL TRANSPLANT CONSORTIUM, the Secretary shall publish guidelines designed
to facilitate implementation of this section, including guidelines [for]:

(1)      FOR recording objections under subsection (a) of this section; AND

(2)      SUBJECT TO THE. PROVISIONS OF § 5-202 OF THIS ARTICLE,
REQUIRING TIMELY NOTIFICATION OF ANY DEATH OCCURRING IN A HOSPITAL TO:

(I)       THE MARYLAND DONOR NETWORK TRANSPLANT RESOURCE
CENTER OF MARYLAND, INC.; OR

(II)     THE WASHINGTON REGIONAL TRANSPLANT CONSORTIUM.

(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 THIS SECTION DO NOT APPLY IF THE DECEDENT HAS
CONSENTED TO THE GIFT OF ALL OR ANY PART OF THE DECEDENT'S BODY IN
ACCORDANCE WITH THE PROVISIONS OF:                       

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