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Subtitle 1 - "Body" Defined
Section 5-101 - "Body" Defined - In this title, “body” means a dead human body.
Subtitle 2 - Determination of Death
Section 5-201 - Scope of Subtitle - Notwithstanding any other law, a pronouncement of death under this...
Section 5-202 - Cessation of Circulatory and Respiratory or Brain Functions - (a) An individual is dead if, based on ordinary standards...
Subtitle 3 - Postmortem Examiners Commission
Section 5-301 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-302 - Commission Established - There is a State Postmortem Examiners Commission in the Department.
Section 5-303 - Membership; Officers - (a) The Commission consists of the following 5 members: (1)...
Section 5-304 - Meetings; Compensation - (a) The Commission shall determine the times and places of...
Section 5-305 - Staff - (a) (1) The Commission may employ a staff in accordance...
Section 5-306 - Deputy Medical Examiners - (a) This section does not apply to Baltimore City. (b)...
Section 5-307 - Rules and Regulations of Commission - The Commission may adopt rules and regulations to carry out...
Section 5-308 - Limitations on Secretary - (a) The power of the Secretary over plans, proposals, and...
Section 5-309 - Medical Examiner's Cases - (a) (1) A medical examiner shall investigate the death of...
Section 5-310 - Autopsies - (a) If the cause of death is established to a...
Section 5-311 - Records - (a) (1) The Office of the Chief Medical Examiner shall...
Section 5-312 - Oaths, Affidavits, and Examinations - Subject to the limitations in § 5-311(c) of this subtitle,...
Subtitle 4 - Anatomy Board
Section 5-401 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-402 - Board Established - There is a State Anatomy Board in the Department.
Section 5-403 - Membership; Officers - (a) (1) The Board consists of: (i) 1 member of...
Section 5-404 - Meetings; Compensation - (a) The Board shall determine the times and places of...
Section 5-404.1 - Powers and Duties - In addition to the powers and duties set forth elsewhere...
Section 5-405 - Limitations on Secretary - (a) The power of the Secretary over plans, proposals, and...
Section 5-406 - Unclaimed Bodies - (a) (1) A public officer who has control of a...
Section 5-406.1 - Donated Body - (a) Any person who has custody of a donated body...
Section 5-407 - Distribution and Use of Bodies or Body Parts - The Board shall first distribute bodies or body parts that...
Section 5-408 - Buying, Selling, or Transporting Bodies - (a) (1) A person may not sell or buy any...
Section 5-408.1 - Disposition of Body by Will - Except as provided in § 5–408(a)(2) of this subtitle, this...
Section 5-409 - Penalties - (a) A person who violates any provision of this subtitle...
Subtitle 5 - Miscellaneous Provisions
Section 5-501 - Consent for Postmortem Examination - (a) Consent for a postmortem examination of a body by...
Section 5-502 - Cremation -- Required Identification and Authorization - (a) This section does not apply to the disposition of...
Section 5-503 - Cremation -- Time Interval - A person may not cremate a body until at least...
Section 5-504 - Transporting to Crematory - A person may not transport a body to a crematory...
Section 5-505 - Use of Casket - (a) Except as provided in subsection (b) of this section,...
Section 5-506 - Control of Body by Health Officer - (a) A health officer may take control of a body...
Section 5-507 - Penalty - (a) A person who violates any provision of § 5-502,...
Section 5-508 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-509 - Disposition of Body Other Than by Will - (a) (1) Any individual who is 18 years of age...
Section 5-510 - Disposition of Body Other Than by Will -- Failure to Agree on Disposition - (a) (1) If the majority of individuals under § 5-509(c)...
Section 5-511 - Reliance on Authorizing Agent's Representations; Duty to Investigate; Filing to Become Authorizing Agent - (a) A practitioner and an operator of a crematory may...
Section 5-512 - Authorizing Agent as Personal Representative Not Required; Documents Negating Cremation - (a) A practitioner or an operator of a crematory may...
Section 5-513 - Handling of Human Remains - (a) On taking custody of the body of a decedent...
Section 5-514 - Burial or Disposal of Body - (a) An individual may not bury or dispose of a...
Subtitle 6 - Health Care Decisions Act
Part I - Advance Directives
Section 5-601 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-601.1 - Electronic Signatures - For purposes of this Part I of this subtitle, an...
Section 5-602 - Procedure for Making Advance Directive; Notice to Physician -- Living Wills - (a) (1) Any competent individual may, at any time, make...
Section 5-602.1 - Advance Directive for Mental Health Services - (a) In this section, “mental health services” has the meaning...
Section 5-603 - Suggested Forms -- Living Wills - Maryland Advance Directive: Planning for Future Health Care Decisions By:...
Section 5-604 - Revocation of an Advance Directive - (a) (1) Except as provided in paragraph (2) of this...
Section 5-604.1 - Anatomical Gifts in Advance Directives - (a) An advance directive may contain a statement by a...
Section 5-605 - Surrogate Decision Making - (a) (1) (i) In this subsection the following words have...
Section 5-606 - Certifications by Physicians - (a) (1) Prior to providing, withholding, or withdrawing treatment for...
Section 5-607 - Treatment Without Consent - A health care provider may treat a patient who is...
Section 5-608 - Authorization to Follow Emergency Medical Services "Do Not Resuscitate Order" in the Outpatient Setting - (a) (1) Certified or licensed emergency medical services personnel shall...
Section 5-608.1 - Medical Orders for Life-Sustaining Treatment - (a) In this section, “health care facility” means: (1) An...
Section 5-609 - Immunity From Liability; Burden of Proof; Presumption - (a) (1) A health care provider is not subject to...
Section 5-610 - Willful Destruction, Concealment, Damage, etc., of Declaration or Revocation; Penalties - (a) Any person who willfully conceals, cancels, defaces, obliterates, or...
Section 5-611 - Medically Ineffective Treatment Not Required; Mercy Killing or Euthanasia Prohibited; Construction of Subtitle - (a) Except as provided in § 5–613(a)(3) of this subtitle,...
Section 5-612 - Petition by Health Care Provider; Court Action - (a) (1) A health care provider for an individual incapable...
Section 5-613 - Transfer of Patient by Health Care Provider Who Refuses to Comply With Advance Directive or Treatment Decision - (a) A health care provider that intends not to comply...
Section 5-614 - Effect of Declaration; Suicide; Insurance; Declarations Executed Prior to Effective Date - (a) The withholding or withdrawal of life-sustaining procedures in accordance...
Section 5-615 - Provision of Information - (a) In this section, “health care facility” has the meaning...
Section 5-615.1 - Electronic Advance Directives -- Duties of Department; Outreach - The Department shall: (1) Encourage the use of electronic advance...
Section 5-616 - Preservation of Existing Right; Advance Directives Executed Before Effective Date - (a) The provisions of this subtitle are cumulative with existing...
Section 5-617 - Reciprocity - An advance directive, an emergency medical services “do not resuscitate...
Section 5-618 - Short Title - The provisions of this Part I of this subtitle shall...
Part II - Advance Directive Program
Section 5-619 - Definitions - (a) In this Part II of this subtitle the following...
Section 5-620 - Program Established - There is an Advance Directive Program in the Department.
Section 5-621 - Regulations - The Secretary may adopt regulations to ensure the efficient operation...
Section 5-622 - Electronic Advance Directives Service - (a) (1) To facilitate the use of cloud–based technology for...
Section 5-623 - Registration; Notification of Amendment or Revocation; Validity Regardless of Submission to Service - (a) An individual may register an advance directive with an...
Section 5-625 - Liability of Health Care Providers - A health care provider is not subject to criminal prosecution...
Section 5-626 - Advance Directive Program Fund - (a) In this section, “Fund” means the Advance Directive Program...
Subtitle 7 - Child Fatality Review Teams
Section 5-701 - Definitions - (a) In this subtitle the following words have the meanings...
Section 5-702 - Established - (a) There is a State Child Fatality Review Team. (b)...
Section 5-703 - Membership - (a) The State Team shall be a multidisciplinary and multiagency...
Section 5-704 - Legislative Purpose - (a) The purpose of the State Team is to prevent...
Section 5-705 - Local Child Fatality Review Teams -- Established - (a) (1) Except as provided in paragraph (2) of this...
Section 5-706 - Local Child Fatality Review Teams -- Purpose; Duties - (a) The purpose of the local team is to prevent...
Section 5-707 - Local Child Fatality Review Teams -- Investigations - Upon request of the chair of the local team and...
Section 5-708 - Meetings - (a) Meetings of the State Team and of local teams...
Section 5-709 - Disclosure of Records and Information - (a) All information and records acquired by the State Team...
Subtitle 8 - Mortality and Quality Review Committee
Section 5-801 - Definitions - In this subtitle, “Committee” means the Mortality Review Committee.
Section 5-802 - Established; Purpose - (a) There is a Mortality Review Committee established within the...
Section 5-803 - Duties - The Committee shall: (1) Evaluate causes or factors contributing to...
Section 5-804 - Composition; Terms; Removal; Expenses; Staff; Chairperson; Quorum; Meetings - (a) The Committee shall consist of 18 members appointed by...
Section 5-805 - Evaluation of Deaths of Certain Service Recipients With Developmental Disabilities - (a) (1) Except as provided in paragraph (3) of this...
Section 5-806 - Requests for Information - Upon request of the chair of the Committee or subcommittee,...
Section 5-806.1 - Office of Health Care Quality to Provide and Review Aggregate Incident Data; Consultants - // EFFECTIVE UNTIL DECEMBER 31, 2022 PER CHAPTERS 340 AND...
Section 5-807 - Immunity From Liability - A person shall have the immunity from liability under §...
Section 5-808 - Annual Public Report; Preliminary Findings or Recommendations - (a) (1) At least once in a calendar year, the...
Section 5-809 - Record Keeping; Confidentiality; Discovery - (a) The Committee shall maintain records of its deliberations including...
Section 5-810 - Closed Meetings - Meetings of the Committee and subcommittees shall be closed to...
Subtitle 9 - Drug Overdose Fatality Review Teams
Section 5-901 - "Local Team" Defined - In this subtitle, “local team” means the multidisciplinary and multiagency...
Section 5-902 - Multidisciplinary and Multiagency Drug Overdose Fatality Review Teams in General - (a) (1) Subject to paragraph (2) of this subsection, there...
Section 5-903 - Purpose; Duties - (a) The purpose of each local team is to prevent...
Section 5-904 - Access to Information and Records - (a) On request of the chair of a local team...
Section 5-905 - Open or Closed Meetings - (a) Meetings of local teams shall be closed to the...
Section 5-906 - Confidentiality of Information and Records - (a) Subject to subsection (b) of this section, all information...