Identification of donors under Maryland Revised Anatomical Gift Act

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    (a)    (1)    The Administration shall provide for a method by which an individual doing business with the Administration can:

            (i)    Register as a donor with the State donor registry established under § 4–516 of the Estates and Trusts Article for the purpose of making a gift of all body organs or parts for the purposes of transplantation, therapy, or medical research and education; and

            (ii)    Select to have a donor designation on the individual’s driver’s license or identification card.

        (2)    The Administration may not require an individual who registers with the State donor registry under paragraph (1)(i) of this subsection to have a donor designation on the individual’s driver’s license or identification card.

    (b)    If an individual selects to have a donor designation on the individual’s driver’s license or identification card under subsection (a)(1) of this section, the Administration shall make a notation of this fact on a driver’s license or identification card issued to the individual.

    (c)    The Administration shall notify an individual who selects to register as a donor that:

        (1)    The registration will remain effective until the individual requests that the individual be removed from the State donor registry; and

        (2)    The individual may request to be removed from the State donor registry:

            (i)    If the individual selected to have a donor designation on the individual’s driver’s license or identification card, by requesting a replacement driver’s license or identification card:

                1.    Through the Administration’s Web site; or

                2.    In person at any full–service Administration office;

            (ii)    By requesting to be removed when doing business with the Administration; or

            (iii)    Through the State donor registry.

    (d)    Unless an individual who selected to have a donor designation on the individual’s driver’s license or identification card is removed from the State donor registry as provided in subsection (c)(2) of this section, the Administration shall note the individual’s donor designation on all subsequently issued drivers’ licenses or identification cards.

    (e)    A donor designation noted on a 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

        (2)    Notwithstanding any other provision of law, is valid and effective for all purposes under Title 4, Subtitle 5 of the Estates and Trusts Article, including the immunity from civil or criminal liability set forth in § 4–514 of the Estates and Trusts Article.


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