reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-222 - Disclosure of Birth Record Information for Subsequent Children of Parents Responsible for Child Abuse or Neglect

The Secretary shall provide to the Executive Director of the Social Services Administration in the Department of Human Services birth record information for a child born to an individual whose identifying information has been provided to the Secretary within the previous 10 years by the Executive Director or a court under § 5–715 of the Family Law Article.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-223 - Use of Copies of Vital Records as Evidence

(a)    Except as otherwise provided in this section, if a certificate of birth, death, or fetal death is filed within 1 year after the event, the original or a certified copy of the certificate is prima facie evidence of the facts stated in it.
(b)    (1)    Except as provided in paragraph (2) of this subsection, any information in the certificate that relates to a parent who did not give birth to a child is prima facie evidence.
(2)    If the parentage of the child is contested, and the parent who did not give birth to the child is a putative father as defined in § 5–1001 of the Family Law Article, the information that relates to the putative father is not evidence in any proceeding adverse to the interests of the putative father or the putative father’s heirs, next of kin, devisees, legatees, or other successors in interest.
(c)    If a certificate or record is filed more than 1 year after the event or is amended, the court or official before whom the certificate or record is offered as evidence shall determine its evidentiary value.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-224 - Disclosure of Records

To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the vital records system, a person may not, except as authorized in § 4–217, § 4–220, § 4–221, or § 4–222 of this subtitle or § 9–1015 of the State Government Article or by the rules and regulations of the Department:
(1)    Permit inspection of or disclose any information contained in a vital record; or
(2)    Copy or issue a copy of all or part of any vital record.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-225 - Enforcement of Subtitle

(a)    (1)    The Secretary may investigate any irregularity or violation of this subtitle.
(2)    On request of the Secretary, each registrar shall help the Secretary in the investigation.
(b)    If the Secretary considers it necessary, the Secretary shall report a violation of this subtitle to the State’s Attorney for the appropriate county, with a statement of the relevant facts and circumstances, for appropriate action.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-226 - Prohibited Acts

(a)    A person may not fail or refuse to execute and deliver a certificate of birth, death, or fetal death required by this subtitle.
(b)    (1)    A person may not willfully provide false information for entry or willfully enter false information on a certificate of birth, death, or fetal death.
(2)    A person may not fail to provide a Social Security number or willfully provide a false Social Security number to the clerk of court under § 4–208(f) of this subtitle.
(c)    Except as authorized by this subtitle, a person may not willfully alter any certificate, certified copy of a certificate, or other certified statement that relates to a birth, death, fetal death, or marriage registered under this subtitle.
(d)    (1)    A person may not willfully use or attempt to use, with the intention to deceive, any certificate of birth or certified copy of a record of birth knowing that the certificate or certified copy:
(i)    Was issued on a record that is wholly or partly false; or
(ii)    Relates to the birth of another individual.
(2)    A person may not willfully and knowingly provide a certificate of birth or a certified copy of a record of birth to another person with the intention that it be used by that person to deceive.
(e)    Without authorization, a person may not produce, reproduce, or distribute a blank certificate or other form that the Secretary uses to register or certify facts that relate to a birth, death, fetal death, or marriage.
(f)    A person may not willfully use or attempt to use a photocopy of a birth, death, fetal death, or marriage certificate for any fraudulent or deceptive purpose.
(g)    A person who has access to the birth, death, or fetal death records in the custody of the Secretary or an agent of the Secretary may not willfully communicate to anyone known to the person to be unauthorized any fact recorded on any birth, death, or fetal death certificate.
(h)    A person may not willfully transport or accept for transportation, dissection, or other disposition a body without a burial–transit permit, as provided in this subtitle.
(i)    A person may not willfully:
(1)    Violate any provision of this subtitle;
(2)    Neglect to perform any duty imposed by this subtitle; or
(3)    Violate any rule or regulation adopted under this subtitle.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 2 - Vital Statistics and Records › Section 4-227 - Penalties

A person who violates § 4-226 of this subtitle is guilty of a misdemeanor and on conviction is subject to the following penalties:
(1)    For violating § 4-226(a) or (b), a fine not exceeding $100.
(2)    For violating § 4-226(g) or (h), a fine not exceeding $200.
(3)    For violating § 4-226(d), a fine not exceeding $500.
(4)    For violating § 4-226(c), a fine not exceeding $500 or imprisonment not exceeding 6 months or both.
(5)    For violating § 4-226(e), a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
(6)    For violating § 4-226(i), except where a different penalty is provided in this section, a fine not exceeding $100.
(7)    For violating § 4-226(f), a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 3 - Confidentiality of Medical Records › Section 4-302.1 - Medical Care Electronic Claims Clearinghouses

(a)    Payors that accept claims originating in this State from medical care electronic claims clearinghouses shall accept claims only from medical care electronic claims clearinghouses that are:
(1)    Accredited by the Electronic Healthcare Network Accreditation Commission; or
(2)    Certified by the Maryland Health Care Commission.
(b)    The Maryland Health Care Commission shall adopt regulations to carry out this section.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 3 - Confidentiality of Medical Records › Section 4-303 - Disclosure Upon Authorization of a Person in Interest

(a)    A health care provider shall disclose a medical record on the authorization of a person in interest in accordance with this section.
(b)    Except as otherwise provided in subsections (c) and (d) of this section, an authorization shall:
(1)    Be in writing, dated, and signed by the person in interest;
(2)    State the name of the health care provider;
(3)    Identify to whom the information is to be disclosed;
(4)    State the period of time that the authorization is valid, which may not exceed 1 year, except:
(i)    In cases of criminal justice referrals, in which case the authorization shall be valid until 30 days following final disposition; or
(ii)    In cases where the patient on whom the medical record is kept is a resident of a nursing home, in which case the authorization shall be valid until revoked, or for any time period specified in the authorization; and
(5)    Apply only to a medical record developed by the health care provider unless in writing:
(i)    The authorization specifies disclosure of a medical record that the health care provider has received from another provider; and
(ii)    The other provider has not prohibited redisclosure.
(c)    A health care provider shall disclose a medical record on receipt of a preauthorized form that is part of an application for insurance.
(d)    A health care provider shall disclose a medical record on receipt of an authorization for the release of relevant medical information that is included with the claim application form filed with the Workers’ Compensation Commission in accordance with § 9–709(a), § 9–710(b), or § 9–711(a) of the Labor and Employment Article.
(e)    (1)    Except in cases of criminal justice referrals, a person in interest may revoke an authorization in writing.
(2)    A revocation of an authorization becomes effective on the date of receipt by the health care provider.
(3)    A disclosure made before the effective date of a revocation is not affected by the revocation.
(f)    A copy of the following shall be entered in the medical record of a patient or recipient:
(1)    A written authorization;
(2)    Any action taken in response to an authorization; and
(3)    Any revocation of an authorization.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 3 - Confidentiality of Medical Records › Section 4-309 - Refusal to Disclose Records; Violations of Subtitle; Penalties

(a)    If a health care provider knowingly refuses to disclose a medical record within a reasonable time but no more than 21 working days after the date a person in interest requests the disclosure, the health care provider is liable for actual damages.
(b)    A health care provider may not refuse to disclose a medical record on the request of a person in interest because of the failure of the person in interest to pay for health care rendered by the health care provider.
(c)    A health care provider or any other person is in violation of this subtitle if the health care provider or any other person:
(1)    Requests or obtains a medical record under false pretenses or through deception; or
(2)    Discloses a medical record in violation of this subtitle.
(d)    Except as otherwise provided in subsection (e) of this section, a health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction for a violation of any provision of this subtitle.
(e)    (1)    A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests or obtains a medical record under false pretenses or through deception or knowingly and willfully discloses a medical record in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to the following penalties:
(i)    A fine not exceeding $50,000, imprisonment for not more than 1 year, or both;
(ii)    If the offense is committed under false pretenses, a fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and
(iii)    If the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10 years, or both.
(2)    This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.
(f)    A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.
2023 Maryland Statutes › Health - General › Title 4 - Statistics and Records › Subtitle 4 - Personal Medical Records › Section 4-401 - Concealment of Records and Reports

(a)    In this section, “provider” means:
(1)    An acupuncturist;
(2)    A chiropractor;
(3)    A dentist;
(4)    A nurse;
(5)    An optometrist;
(6)    A physician;
(7)    A podiatrist; or
(8)    A person who is employed by or under contract with a hospital, nursing institution, or other health care provider.
(b)    A provider may not knowingly or willfully destroy, damage, alter, obliterate, or otherwise obscure a medical record, hospital report, laboratory report, X-ray report, or other information about a patient in an effort to conceal the information from use as evidence in an administrative, civil, or criminal proceeding.
(c)    A provider who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 2 - Determination of Death › Section 5-202 - Cessation of Circulatory and Respiratory or Brain Functions

(a)    An individual is dead if, based on ordinary standards of medical practice, the individual has sustained either:
(1)    Irreversible cessation of circulatory 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.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the State Postmortem Examiners Commission.
(c)    “Medical examiner’s case” means a death that a medical examiner is required by law to investigate.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-303 - Membership; Officers

(a)    The Commission consists of the following 5 members:
(1)    The Baltimore City Commissioner of Health;
(2)    The head of the Pathology Department of the University of Maryland School of Medicine;
(3)    The head of the Pathology Department of Johns Hopkins University School of Medicine;
(4)    The Secretary of State Police; and
(5)    A representative of the Department, chosen by the Secretary.
(b)    (1)    From among its members, the Commission shall elect a chairman and a vice chairman.
(2)    The manner of election of officers and their terms of office shall be as the Commission determines.
(3)    The vice chairman shall act as chairman when the chairman is absent or cannot act.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-305 - Staff

(a)    (1)    The Commission may employ a staff in accordance with the State budget for the operation of the Commission and to maintain accreditation.
(2)    The staff shall include:
(i)    1 chief medical examiner;
(ii)    2 deputy chief medical examiners;
(iii)    Assistant medical examiners;
(iv)    1 chief State toxicologist, 1 deputy chief State toxicologist, lead toxicologists, and assistant toxicologists;
(v)    1 serologist;
(vi)    4 resident medical doctors who are training in forensic pathology;
(vii)    1 chief forensic investigator, 2 deputy chief forensic investigators, lead forensic investigators, and assistant forensic investigators; and
(viii)    1 autopsy services supervisor, 1 deputy supervisor, lead autopsy technicians, and assistant autopsy technicians.
(3)    The Commission may employ any physician on a contract basis for part–time services.
(4)    The Department shall ensure that the number of staff employed by the Commission does not fall to a level that would constitute a Phase II violation according to the National Association of Medical Examiners.
(b)    (1)    The Chief Medical Examiner and deputy chief medical examiners shall be board certified in anatomic and forensic pathology by the American Board of Pathology.
(2)    Assistant medical examiners appointed on or after October 1, 2008, shall be certified by the American Board of Pathology in anatomic and forensic pathology or obtain that certification within 3 years of appointment.
(c)    With the approval of the Secretary of Budget and Management, the Commission shall set the compensation for personnel appointed under subsection (a)(2) of this section.
(d)    For the use of these medical examiners, the Commission shall see that proper equipment is provided.
(e)    The Chief Medical Examiner, a deputy chief medical examiner, or an assistant medical examiner shall be on call at all times to perform the duties set forth in this subtitle.
(f)    The State budget shall include an appropriation to carry out this subtitle, including provisions for:
(1)    The fee for an authorized pathologist;
(2)    The necessary expenses for transportation of a body for examination by a medical examiner or for autopsy; and
(3)    In the case of a victim of homicide, the necessary expenses for transportation of the body from the site of the autopsy or examination to a location within the State specified by the victim’s family.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-306 - Deputy Medical Examiners

(a)    This section does not apply to Baltimore City.
(b)    (1)    The Commission may appoint one or more deputy medical examiners and forensic investigators for each county.
(2)    The Commission shall appoint a deputy medical examiner for a county from a list of qualified individuals submitted to the Commission by the medical society of the county. The number of names on the list shall be at least twice the number of vacancies. However, if a county does not have a medical society or if the medical society does not submit a list of names, the Commission may appoint a deputy medical examiner for the county without a list.
(c)    Each deputy medical examiner appointed under subsection (b) of this section shall be a physician.
(d)    If necessary, a deputy medical examiner may deputize another physician in the county to act as deputy medical examiner.
(e)    Each deputy medical examiner is entitled:
(1)    For each medical examiner’s case that the examiner investigates, to a fee that is set in accordance with the State budget;
(2)    If the examiner is called as a witness before a grand jury or in a criminal case, to the fee that the court sets; and
(3)    To any additional compensation that a county provides.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-308 - Medical Examiner's Cases

(a)    The power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that the Commission makes under authority specifically delegated by law to the Commission.
(b)    The power of the Secretary to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Commission.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-309 - Autopsies

(a)    (1)    A medical examiner shall investigate the death of a human being if the death occurs:
(i)    By violence;
(ii)    By suicide;
(iii)    By casualty;
(iv)    Suddenly, if the deceased was in apparent good health or unattended by a physician; or
(v)    In any suspicious or unusual manner.
(2)    A medical examiner shall investigate the death of a human fetus if:
(i)    Regardless of the duration of the pregnancy, the death occurs before the complete expulsion or extraction of the fetus from the mother; and
(ii)    The mother is not attended by a physician at or after the delivery.
(b)    If a medical examiner’s case occurs, the police or sheriff immediately shall notify the medical examiner and State’s Attorney for the county where the body is found and give the known facts concerning the time, place, manner, and circumstances of the death.
(c)    Immediately on notification that a medical examiner’s case has occurred, the medical examiner or an investigator of the medical examiner shall go to and take charge of the body. The medical examiner or the investigator shall investigate fully the essential facts concerning the medical cause of death and, before leaving the premises, reduce these facts and the names and addresses of witnesses to writing, which shall be filed in the medical examiner’s office.
(d)    The medical examiner or the investigator shall take possession of and deliver to the State’s Attorney or the State’s Attorney’s designee any object or article that, in the opinion of the medical examiner or the investigator, may be useful in establishing the cause of death.
(e)    (1)    If the next of kin of the deceased is not present at the investigation, the police officer or sheriff at the investigation or, if a police officer or sheriff is not present, the medical examiner or the investigator shall:
(i)    Take possession of all property of value found on the body;
(ii)    In the report of the death, make an exact inventory of the property; and
(iii)    Deliver the property to the appropriate sheriff or police department.
(2)    The sheriff or police department shall surrender the property to the person who is entitled to its possession or custody.
(f)    (1)    If the case involves the unexpected death of a child, the medical examiner shall notify the chairperson of the local child fatality review team for the county in which the child resided.
(2)    If the case involves the death of a child and the death is believed to be caused by abuse or neglect, or there is evidence suggesting that the child was a victim of abuse or neglect, the Office of the Chief Medical Examiner shall orally report the findings and deliver a copy of the child’s final autopsy report to the local department of social services and the local law enforcement agency of the county in which the child last resided in accordance with § 5–704 of the Family Law Article.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-311 - Oaths, Affidavits, and Examinations

(a)    (1)    The Office of the Chief Medical Examiner shall keep complete records on each medical examiner’s case.
(2)    The records shall be indexed properly and include:
(i)    The name, if known, of the deceased;
(ii)    The place where the body was found;
(iii)    The date, cause, and manner of death; and
(iv)    All other available information about the death.
(b)    The original report of the medical examiner who investigates a medical examiner’s case and the findings and conclusions of any autopsy shall be attached to the record of the medical examiner’s case.
(c)    The Chief Medical Examiner or, if the Chief Medical Examiner is absent or cannot act, the Deputy Chief Medical Examiner or an assistant medical examiner, and each deputy medical examiner promptly shall deliver to the State’s Attorney for the county where the body was found a copy of each record that relates to a death for which the medical examiner considers further investigation advisable. A State’s Attorney may obtain from the office of a medical examiner a copy of any record or other information that the State’s Attorney considers necessary.
(d)    (1)    In this subsection, “record”:
(i)    Means the result of an external examination of or an autopsy on a body; and
(ii)    Does not include a statement of a witness or other individual.
(2)    A record of the Office of the Chief Medical Examiner or any deputy medical examiner, if made by the medical examiner or by anyone under the medical examiner’s direct supervision or control, or a certified transcript of that record, is competent evidence in any court in this State of the matters and facts contained in it.
(e)    (1)    The Office of the Chief Medical Examiner shall charge a reasonable fee for reports as specified in a schedule of fees defined in the regulations of the Office of the Chief Medical Examiner.
(2)    A deputy medical examiner may keep any fee collected by the deputy medical examiner.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 3 - Postmortem Examiners Commission › Section 5-312 - Oaths, Affidavits, and Examinations. [Transferred]

Subject to the limitations in § 5-311(c) of this subtitle, a medical examiner may administer oaths, take affidavits, and make examinations as to any matter within the medical examiner’s jurisdiction.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the State Anatomy Board.
(c)    “Medical study program” means any research or teaching activity conducted at or under the sponsorship of a hospital or other institution devoted to research, teaching, or study of medicine, dentistry, or any related health profession or advanced human biological science.
(d)    “Public officer” means an officer of this State or of a county or other political subdivision of this State.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-403 - Membership; Officers

(a)    (1)    The Board consists of:
(i)    1 member of the Anatomy Department of the University of Maryland School of Dentistry; and
(ii)    2 members of the anatomy department of each medical school in this State.
(2)    The administrative officer of each school shall name the members from that school.
(b)    (1)    From among its members, the Board every 2 years shall elect a chairman and a vice chairman.
(2)    The manner of election of officers shall be as the Board determines.
(3)    The vice chairman shall act as chairman when the chairman is absent or cannot act.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-404 - Meetings; Compensation

(a)    The Board shall determine the times and places of its meetings.
(b)    A member of the Board:
(1)    May not receive compensation; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-404.1 - Powers and Duties

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
(1)    To adopt regulations to carry out the provisions of this title; and
(2)    To set reasonable fees, by regulation, for its services.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-405 - Limitations on Secretary

(a)    The power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that the Board makes under authority specifically delegated by law to the Board.
(b)    The power of the Secretary to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Board.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-406 - Unclaimed Bodies

(a)    (1)    A public officer who has control of a body immediately shall notify the chairman of the Board if, after a reasonable search, the public officer has not found a person who will take control of the body for its final disposition.
(2)    Subject to the limitations imposed on nursing homes under § 10–214 of the Human Services Article, any other person who has control of a body may notify the Board if, after a reasonable search, the person has not found a person who will take control of the body for its final disposition.
(b)    (1)    Subject to the time limitations in this subsection, when the Board is notified of the existence of a body, the Board may remove the body to a morgue in Baltimore City that the Board designates for that purpose.
(2)    If the person who notifies the Board can refrigerate the body suitably, the body may be removed only at the expiration of 72 hours after death.
(3)    If the person who notifies the Board cannot refrigerate the body suitably, the body may be removed as soon as feasible after death, and, on arrival at the morgue, shall be refrigerated until the expiration of 72 hours after death.
(c)    (1)    On expiration of 72 hours after death, the body shall be under the exclusive control of the Board and may be embalmed.
(2)    If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates.
(3)    Any relative or friend of the deceased may claim the body and, on payment to the Board of its cost of moving and embalming the body, shall receive it.
(4)    The Board may waive its costs under this section upon a showing of hardship by the relative or friend.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-406.1 - Donated Body

(a)    Any person who has custody of a donated body immediately shall notify the chairman of the Board.
(b)    When the Board is notified of the existence of a donated body, the Board may remove the body to a designated morgue in Baltimore City.
(c)    (1)    The donated body shall be under the exclusive control of the Board and may be embalmed.
(2)    If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-407 - Distribution and Use of Bodies or Body Parts

The Board shall first distribute bodies or body parts that are under its exclusive control equitably among the schools described in § 5-403 of this subtitle, and then, at the Board’s discretion, distribute bodies or body parts to other medical study programs. These bodies or body parts may be used only for the promotion and application of medical sciences.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-408 - Buying, Selling, or Transporting Bodies

(a)    (1)    A person may not sell or buy any body or any part of a body that is under the exclusive control of the Board.
(2)    A person other than a nonprofit organization that qualifies under § 501(c)(3) of the Internal Revenue Code, may not sell, buy, or act as a broker for a profit in the transfer of any human organ that:
(i)    Is removed from a human body that is alive or dead at the time of removal; and
(ii)    Is not under the exclusive control of the Board.
(3)    In this section, “human organ” does not include blood and plasma.
(b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a person may not send, transport, or permit or cause to be sent or transported out of the State any body or any part of a body that is under the exclusive control of the Board.
(2)    The Board may authorize, by regulation, the transporting of human specimens under its exclusive control to an out–of–state medical study program, provided that:
(i)    The needs of the schools of the State are met;
(ii)    The requesting party demonstrates the need for a specimen;
(iii)    The circumstances of the request are that:
1.    No other sufficient source of specimens within the requesting state exists; or
2.    A preexisting organ tissue donation was made by an individual in compliance with the Maryland Revised Uniform Anatomical Gift Act;
(iv)    The requesting party bears the responsibility for transporting and the specialized care of the specimen and all associated costs; and
(v)    The Board retains the right of exclusive control of the specimen including the final disposition when appropriate or necessary to fulfill an obligation to return the remains of a donated specimen to the donor’s family.
(3)    The Board may authorize a physician, teacher, demonstrator, or investigator of advanced human biological sciences to send or transport human specimens out of the State for use by medical study programs.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-408.1 - Disposition of Body by Will

Except as provided in § 5–408(a)(2) of this subtitle, this subtitle does not deny the right of a donor to provide by a document described in § 5–509 of this title for the ultimate disposition and repose of the donor’s last remains.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 4 - Anatomy Board › Section 5-409 - Penalties

(a)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
(b)    A public officer or an officer or employee of any institution who neglects or refuses to comply with the provisions of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each offense.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-501 - Consent for Postmortem Examination

(a)    Consent for a postmortem examination of a body by a physician is sufficient if the consent is given as provided in this section.
(b)    (1)    The consent may be given by any one of the following persons if that person, whether alone or with another, has assumed control of the body for its final disposition:
(i)    A parent;
(ii)    A spouse;
(iii)    A domestic partner;
(iv)    A child;
(v)    A guardian;
(vi)    A next of kin; or
(vii)    In the absence of these persons, any other person.
(2)    If a person does not assume control of a body under paragraph (1) of this subsection, the consent may be given by the State Anatomy Board.
(c)    The consent may be in the form of:
(1)    A written document;
(2)    A telegram; or
(3)    A recorded telephonic or other recorded message.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-502 - Cremation -- Required Identification and Authorization

(a)    This section does not apply to the disposition of a body by a school of medicine or dentistry.
(b)    Except as otherwise provided in this section, a person may not cremate a body until it has been identified by:
(1)    The next of kin;
(2)    A person who is authorized to arrange for final disposition of the body under §§ 5-508 through 5-512 of this subtitle; or
(3)    A medical examiner.
(c)    If a person who is authorized to arrange for final disposition of a body is not available to identify the body and authorize cremation, that person may delegate that authority to another person by sending to the delegate an electronic communication that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Written authorization shall follow by mail but does not take precedence over the electronic communication authorizing the identification and cremation.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-505 - Use of Casket

(a)    Except as provided in subsection (b) of this section, a person may not require that a cremation be performed with a casket. However, the use of a simple container may be required.
(b)    The person arranging for final disposition of a body may specify that a casket:
(1)    Be used before cremation;
(2)    Be consumed during cremation;
(3)    Be used after cremation; or
(4)    Not be used before, during, or after cremation.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-506 - Control of Body by Health Officer

(a)    A health officer may take control of a body that is being kept in a room where an individual lives and that is in a condition that endangers an individual in the house where the body is kept if:
(1)    At least 3 individuals living near the house or a physician asks the health officer, in writing, to order final disposition of the body;
(2)    The health officer issues an order for final disposition, within a time period stated in the order; and
(3)    Final disposition of the body is not made within that time.
(b)    A person may not obstruct the carrying out of an order of a health officer under this section.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-507 - Penalty

(a)    A person who violates any provision of § 5-502, § 5-503, § 5-504, or § 5-505 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
(b)    A person who violates any provision of § 5-506(b) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-508 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Authorizing agent” means the individual who has legal authority to arrange for and make decisions regarding the final disposition of a dead human body, including by cremation.
(c)    “Cremation” means the disposition of a dead human body by means of incineration.
(d)    “Crematory” is a building in which cremations are performed.
(e)    “Decedent” means a dead human being.
(f)    “Practitioner” means a person who is licensed by the State as a funeral director, mortician, or surviving spouse licensee to practice mortuary science.
(g)    “Pre-need contract” means an agreement prior to the time of death between a consumer and a practitioner to provide any goods and services regarding the final disposition of a dead human body.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › 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) of this subtitle cannot agree on the arrangements, any individual specified in § 5-509(c) of this subtitle or the practitioner who has custody of the body, or both, may file a petition in the circuit court for the county in which the decedent was domiciled at the time of death or the county in which the body is located requesting the court to decide the final disposition of the body.
(2)    The practitioner may add the court costs associated with a petition under this subsection to the costs of final disposition.
(b)    In the event of a disagreement under subsection (a) of this section, a practitioner is not liable for refusing to accept the body or to inter or otherwise dispose of the body of the decedent or complete the arrangements for the final disposition of the body until the practitioner receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the body.
(c)    If the practitioner retains the body for final disposition in accordance with a court order or written agreement among the parties, the practitioner may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision and may add the costs of embalming and refrigeration and sheltering to the final disposition costs.
(d)    (1)    This section may not be construed to require or to impose a duty upon a practitioner to bring an action under this section.
(2)    A practitioner may not be held criminally or civilly liable for choosing not to bring an action under this section.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › 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 rely on the representations made by an authorizing agent and are not guarantors of the reliability of those representations.
(b)    A practitioner and an operator of a crematory have no responsibility to contact or to independently investigate the existence of any next of kin of the decedent.
(c)    An individual may file a petition with the appropriate court to obtain the authority to be authorizing agent:
(1)    If the individual alleges that permitting one or more of the individuals with priority under § 5-509(c) of this subtitle to authorize arrangements for the final disposition of the body of a decedent may cause substantial injustice; or
(2)    If, considering all the circumstances, an individual other than an individual with priority under § 5-509(c) of this subtitle had a closer personal affinity to the decedent and should be allowed to make the arrangements.
(d)    Pending the outcome of a petition filed under this section, a practitioner shall suspend any arrangements with the individuals under § 5-509(c) of this subtitle.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-512 - Authorizing Agent as Personal Representative Not Required; Documents Negating Cremation

(a)    A practitioner or an operator of a crematory may not require an authorizing agent to obtain appointment as personal representative of the decedent’s estate as a condition precedent to making final arrangements or authorizing cremation of a decedent.
(b)    A person may not authorize cremation when a decedent has left instructions in a document that the decedent does not wish to be cremated.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 5 - Miscellaneous Provisions › Section 5-514 - Burial or Disposal of Body

(a)    An individual may not bury or dispose of a body except:
(1)    In a family burial plot or other area allowed by a local ordinance;
(2)    In a crematory;
(3)    In a cemetery;
(4)    By donating the body to medical science; or
(5)    By removing the body to another state for final disposition in accordance with the laws of the other state.
(b)    An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-601.1 - Electronic Signatures

For purposes of this Part I of this subtitle, an electronic signature shall have the same effect as a manual signature if the electronic signature:
(1)    Uses an algorithm approved by the National Institute of Standards and Technology;
(2)    Is unique to the individual using it;
(3)    Is capable of verification;
(4)    Is under the sole control of the individual using it;
(5)    Is linked to data in such a manner that if the data are changed, the electronic signature is invalidated;
(6)    Persists with the document and not by association in separate files; and
(7)    Is bound to a digital certificate.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-602.1 - Advance Directive for Mental Health Services

(a)    In this section, “mental health services” has the meaning stated in § 4–301(k)(1) of this article.
(b)    An individual who is competent may make an advance directive to outline the mental health services which may be provided to the individual if the individual becomes incompetent and has a need for mental health services either during, or as a result of, the incompetency.
(c)    (1)    An individual making an advance directive for mental health services shall follow the procedures for making an advance directive provided under § 5–602 of this subtitle.
(2)    The procedures provided under § 5–604 of this subtitle for the revocation of an advance directive shall apply to the revocation of an advance directive for mental health services.
(d)    An advance directive for mental health services may include:
(1)    The designation of an agent to make mental health services decisions for the declarant;
(2)    The identification of mental health professionals, programs, and facilities that the declarant would prefer to provide mental health services;
(3)    A statement of medications preferred by the declarant for psychiatric treatment; and
(4)    Instruction regarding the notification of third parties and the release of information to third parties about mental health services provided to the declarant.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-604 - Revocation of an Advance Directive

(a)    (1)    Except as provided in paragraph (2) of this subsection, an advance directive may be revoked at any time by a declarant by a signed and dated written or electronic document, by physical cancellation or destruction, by an oral statement to a health care practitioner or by the execution of a subsequent directive.
(2)    A declarant, knowingly and voluntarily, may elect in an advance directive to waive the right under paragraph (1) of this subsection to revoke any part or all of the advance directive, including the appointment of an agent, during a period in which the declarant has been certified incapable of making an informed decision under § 5–602(e) of this subtitle.
(b)    If a declarant revokes an advance directive by an oral statement to a health care practitioner, the practitioner and a witness to the oral revocation shall document the substance of the oral revocation in the declarant’s medical record.
(c)    It shall be the responsibility of the declarant, to the extent reasonably possible, to notify any person to whom the declarant has provided a copy of the directive.
2023 Maryland Statutes › Health - General › Title 5 - Death › Subtitle 6 - Health Care Decisions Act › Part I - Advance Directives › Section 5-604.1 - Anatomical Gifts in Advance Directives

(a)    An advance directive may contain a statement by a declarant that the declarant consents to the gift of all or any part of the declarant’s body for any one or more of the purposes specified in Title 4, Subtitle 5 of the Estates and Trusts Article.
(b)    Notwithstanding any other provision of law, an anatomical gift in an advance directive 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.