Section 4-505 - Methods of making anatomical gifts.
§ 4-505. Methods of making anatomical gifts.
(a) Gift by will.- A gift of all or part of the body for purposes of this subtitle may be made by will, in which case the gift becomes effective immediately upon death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective. (b) Gift of document.- A gift of all or part of the body for purposes of this subtitle also may be made by document other than a will. The document must be signed by the donor in the presence of two witnesses, who, in turn, shall sign the document in the presence of the donor. If the donor cannot sign in person, the document may be signed for him, at his direction and in his presence, and in the presence of two witnesses, who, in turn, shall sign the document in the presence of the donor. Delivery of the document or gift during the lifetime of the donor is not necessary to make the gift valid. The document may consist of a properly executed card carried on the person of the donor or in his effects. The document and card may conform substantially to the following form:
ANATOMICAL GIFT BY A LIVING DONOR
I am at least 18 years of age and make this anatomical gift to take effect upon my death. The marks in the appropriate squares and words filled into the blanks below indicate my desires.
1. I give: [] my body; [] any needed organs or parts; [] the following organs or parts
.............................................................................
...........................................................................;
2. To the following person, agency, or institution: [] any person, tissue bank, or institution authorized by law;
[] the Anatomy Board of Maryland;
[] the following named physician, hospital, tissue bank or other medical
institution ..................................................................
...........................................................................;
3. For the following purposes: [] any purpose authorized by law;
[] transplantation; [] therapy; [] medical research and education.
Dated ............ City and State ...........................................
Signed by the Donor in
the presence of the following
who sign as witnesses:
.................... ...............................................
Witness Signature of Donor
.................... ...............................................
Witness Address of Donor
(c) Designation on driver's license of gift of body.-
(1) A gift of all or part of the body for purposes of this subtitle also may be made by a designation on the donor's driver's license or identification card under § 12-303 of the Transportation Article.
(2) A donor may make a gift by authorizing that a statement or symbol indicating that the donor has made a gift be included on a donor registry.
(d) Manner of making and accepting gift of organ or body; immunities.- The gift may be made either to a named donee, or without the naming of a donee. If the latter, the gift of an organ for transplantation may be accepted by an organ procurement organization and utilized in accordance with federal and State policies regarding organ allocation. If the gift is tissue, the gift may be accepted by the organ procurement organization, tissue bank, or eye bank affiliated with the hospital and utilized at the organization's discretion and as required by law. The organ procurement organization, tissue bank, or eye bank possesses and may exercise all rights and is entitled to all immunities of the donee under this subtitle.
(e) Designation of surgeon to carry out procedures.- The donor may designate in his will or other document of gift the surgeon, physician, or technician to carry out the appropriate procedures. In the event the designee is not available, or in the absence of a designation, the donee or other person authorized to accept the gift may employ or authorize any licensed surgeon, licensed physician, or technician for the purpose.
(f) Validity of document of gift executed in another state.- A document of gift executed in another state and in accord with the laws of that state or executed in a territory or possession of the United States under the control and dominion of the federal government exclusively, and in accord with a federal law is valid as a document of gift within the state, even if the document does not substantially conform to the requirements of subsection (b) of this section.
[An. Code 1957, art. 43, § 144; 1974, ch. 11, § 2; 1987, ch. 11, § 1; 1998, chs. 1, 2; 2008, chs. 213, 214.]