10.07.01.26

.26 Anatomical Donations.

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.