Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 1
Subtitle 07 - HOSPITALS
Chapter 10.07.01 - Acute General Hospitals and Special Hospitals
Section 10.07.01.26 - Anatomical Donations
Universal Citation: MD Code Reg 10.07.01.26
Current through Register Vol. 51, No. 19, September 20, 2024
A. This regulation does not:
(1) Limit the right of an
individual to make a gift under the Anatomical Gift Act, Estates and Trusts
Article, Title 4, Subtitle 5, Annotated Code of Maryland; or
(2) Interfere with the duties of the office
of the Chief Medical Examiner.
B. A hospital shall develop and follow a protocol in accordance with this regulation for the procurement of organs and tissues.
C. Requests for Donation on Death of Patient.
(1) In accordance with
this regulation, whenever a patient of a hospital meets the following criteria,
the administrator of the hospital shall designate a person to request that the
representative of the patient consent to the donation of the organs and tissues
of the patient:
(a) The patient may be
pronounced dead in accordance with Health-General Article, §5-202,
Annotated Code of Maryland;
(b) The
patient has not given actual notice of an objection to the donation of his or
her organs and tissues; and
(c) The
patient has not made a gift of all or part of his or her body under the
Anatomical Gift Act, Estates and Trusts Article, Title 4, Subtitle 5, Annotated
Code of Maryland.
(2) A
hospital may not make a request for consent to a donation if the use of all of
the organs or tissues of the patient is medically contraindicated.
(3) In making a request required in
§C(1), of this regulation, the hospital designee shall:
(a) Make a reasonable effort to locate and
contact the appropriate person set forth in §D, of this regulation, as the
representative of the deceased patient; and
(b) Request that the representative consent
to a donation of any organ or tissue of the patient which is suitable for
donation.
D. Determination of Patient Representative for Consent to Donation.
(1) The representative of a deceased patient
shall be:
(a) The spouse of the patient, but,
if the spouse is not competent; then
(b) Any adult son or daughter of the patient,
but, if no adult child of the patient is competent; then
(c) Either parent of the patient, but, if
neither is competent; then
(d) Any
adult brother or sister of the patient, but, if no adult sibling of the patient
is competent; then
(e) Any guardian
of the person of the patient, but, if the patient has no guardian of his or her
person; then
(f) Any other person
authorized or obligated by law to dispose of the body of the patient.
(2) If the death of a patient
occurs suddenly and the patient was in apparent good health or unattended by a
physician, the hospital shall notify and cooperate with the office of the Chief
Medical Examiner before the removal of any organ or tissue.
E. Discretion and Sensitivity in Making Requests. In making a request for donation, the hospital designee shall show reasonable discretion and sensitivity to the:
(1) Circumstances of the family of the
patient;
(2) Religious beliefs of
the patient; and
(3) Suitability of
the organs or tissues for donation.
F. Documentation. The designee shall document in the medical record of the patient:
(1) Any
request made for donation of organs or tissues;
(2) Any consent to donate organs or
tissues;
(3) Whether a donation is
made and accepted;
(4) Any
objection to the donation made by:
(a) The
patient, or
(b) An appropriate
representative of a patient as set forth in §D of this regulation;
and
(5) The reason for
electing not to make a request for organ or tissue donation.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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