Maryland Estates and Trusts Section 4-509.1

Article - Estates and Trusts

§ 4-509.1.

      (a)      In any case where there is a need for corneal tissue for a transplant or research, the Chief Medical Examiner, the deputy chief medical examiner, or an assistant medical examiner shall provide the cornea upon the request of the Medical Eye Bank of Maryland, Incorporated, or the Lions of District 22-C Eye Bank and Research Foundation, Incorporated, subject to the provisions of subsection (b) of this section, and under the following conditions:

            (1)      The medical examiner has charge of a decedent who may provide a suitable cornea for the transplant or research;

            (2)      An autopsy will be required;

            (3)      No objection by the next of kin is known by the medical examiner;

            (4)      No religious objection made by the decedent before death is known by the medical examiner; and

            (5)      Removal of the cornea for transplant will not interfere with the subsequent course of an investigation or autopsy or alter the postmortem facial appearance.

      (b)      Corneal tissue provided under subsection (a) of this section shall be distributed as follows:

            (1)      If the decedent died in Prince George's County, Montgomery County, Charles County, Calvert County, or St. Mary's County, the corneal tissue shall be distributed to the Lions of District 22-C Eye Bank and Research Foundation, Incorporated; or

            (2)      If the decedent died in any other county or in Baltimore City, the corneal tissue shall be distributed to the Medical Eye Bank of Maryland, Incorporated.

      (c)      The Chief Medical Examiner, the deputy chief medical examiner, an assistant medical examiner, the Medical Eye Bank of Maryland, Incorporated, or the Lions of District 22-C Eye Bank and Research Foundation, Incorporated, are not liable for civil action if the next of kin subsequently contends that authorization of that kin was required.



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