HARRY HUGHES, Governor

2687

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland

(as enacted by Chapter ____ (H.B. 200) of the Acts of the

General Assembly of 1982) read(s) as follows:

Article - Health - General

5-202.

(a) (A) An individual is [considered medically and
legally] dead if, based on ordinary standards of medical
practice, THE INDIVIDUAL HAS SUSTAINED EITHER:

[(1) There is neither spontaneous respiratory
function nor spontaneous cardiac function; and

(2) Because of the disease or condition that
directly or indirectly caused these functions to cease or
because of the passage of time since these functions ceased,
attempts at resuscitation are considered hopeless]

(1)   IRREVERSIBLE CESSATION OF CIRCULATORY OR AND
RESPIRATORY FUNCTIONS; OR

(2)   IRREVERSIBLE CESSATION OF ALL FUNCTIONS OF
THE ENTIRE BRAIN, INCLUDING THE BRAIN STEM.

(B) (1) THIS SUBSECTION DOES NOT APPLY TO THE REMOVAL
OF A VITAL ORGAN WHILE THE INDIVIDUAL IS ALIVE, IF THE
INDIVIDUAL GIVES INFORMED CONSENT TO THE REMOVAL.

(2) A PRONOUNCEMENT OF DEATH UNDER THIS SECTION
SHALL BE MADE BEFORE ANY VITAL ORGAN IS REMOVED FOR
TRANSPLANTATION.

[(b) Death is considered to have occurred at the time
the functions described in subsection (a) of this section
ceased.]

(C) A PRONOUNCEMENT OF DEATH UNDER THIS SECTION SHALL
BE MADE:

(1) BEFORE ANY ARTIFICIAL MEANS OF SUPPORTING
RESPIRATORY AND CIRCULATORY FUNCTION ARE TERMINATED; AND

(2) BEFORE ANY VITAL ORGAN IS REMOVED FOR

TRANSPLANTATION.

[5-203.

[(a) An individual is considered medically and
legally dead if, in the opinion of a physician, based on
ordinary standards of medical practice:

(1) There is no spontaneous brain function
because of a known disease or condition; and