SB 265
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 265 (Senator Waldstreicher)
Judicial Proceedings Health and Government Operations
Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions
This bill removes specified limitations on the use of certain anatomical gifts, allowing for
anatomical gifts made with only a general intent to make an anatomical gift to be used for
research or education as well as transplantation or therapy (with the exception of gifts for
which a document of gift was registered before July 1, 2022). The bill also (1) establishes
that, beginning July 1, 2022, a donor may designate specified purposes for the anatomical
gift and (2) by July 1, 2022, related educational materials must be produced and displayed
and made available at MVA locations. The bill also repeals specified requirements of
first responders and hospitals and modifies a requirement applicable to procurement
organizations. The bill takes effect January 1, 2022.
Fiscal Summary
State Effect: Transportation Trust Fund (TTF) expenditures increase by $23,200 in
FY 2022 only. Revenues are not affected.
Local Effect: The bill is not expected to directly affect local government operations or
finances.
Small Business Effect: Minimal.
Analysis
Bill Summary: The bill expands the purposes for which an anatomical gift may be used
if the document of gift specifies only a general intent to make an anatomical gift by words
such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar
import. It expands the purposes for which the anatomical gift may be used to include
research or education in addition to the existing authorized purposes of transplantation or
therapy. However, if a donor registered such a document of gift before July 1, 2022, the
anatomical gift may only be used for transplantation or therapy. The bill similarly repeals
a limitation on the use of an anatomical gift, to only transplantation or therapy, that applies
to an anatomical gift made in a document of gift that does not name one of a number of
persons to whom statute authorizes an anatomical gift to be made and does not identify the
purpose of the gift.
Additionally, the bill establishes that, beginning July 1, 2022, a person who elects to be a
donor may designate any of the following purposes for the anatomical gift: (1) research
and education; and (2) transplantation and therapy.
By July 1, 2022, the organ procurement organization or its designated affiliate must
produce and provide to each Motor Vehicle Administration (MVA) location educational
materials that include definitions of (1) anatomical gift; (2) research and education; and
(3) transplantation and therapy. Each MVA location must prominently display the
educational materials and make them available to prospective donors on request. (Pursuant
to current law, “organ procurement organization” means a person designated by the
Secretary of the U.S. Department of Health and Human Services as an organ procurement
organization.)
By July 1, 2022, MVA must adopt regulations to carry out the bill’s provisions that allow
for a donor to designate the purposes for the anatomical gift and that require educational
materials to be produced and displayed and made available at MVA locations.
The bill also repeals requirements that specified first responders or hospitals conduct a
reasonable search of an individual believed to be dead or whose death is imminent for
documents related to an individual’s status as an anatomical gift donor. In addition, the bill
requires procurement organizations – to which an individual who is dead or whose death
is imminent has been referred by a hospital to ascertain whether the individual has made
an anatomical gift – to make a reasonable search of any national and local donor registry
(in place of any donor registry that the hospital knows exists) for the geographical area in
which the individual resides.
Current Law:
Maryland Revised Uniform Anatomical Gift Act
The Maryland Revised Uniform Anatomical Gift Act (Title 4, Subtitle 5 of the Estates and
Trusts Article) governs donations of all or part of a human body (that take effect after the
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donor’s death) for the purpose of transplantation, therapy, research, training, or education.
Among other things, the Act specifies:
the classes of individuals, in order of priority, who may make an anatomical gift of
a donor’s body or part after the donor’s death under certain circumstances;
how an anatomical gift may be revoked or amended and how an individual may
indicate a refusal to make an anatomical gift of the individual’s body or part;
the relation between, and priorities of, actions taken by the donor and other
authorized persons, with respect to making, amending, revoking, or refusing an
anatomical gift; and
the resolution of conflicts between an advance directive and an anatomical gift.
Ways for a Donor to Make an Anatomical Gift
A donor may make an anatomical gift (1) by authorizing a statement or symbol indicating
that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license
or identification card; (2) by will; (3) during a terminal illness or an injury of the donor, by
any form of communication addressed to at least two adults, at least one of whom is a
disinterested witness; or (4) a donor card (or other record) or donor registry.
Recipients of Anatomical Gifts
An anatomical gift may be made to the following persons named in a document of gift:
a hospital, an accredited medical school, a dental school, a college or university, an
organ procurement organization, the State Anatomy Board, or a nontransplant
tissue bank for research, training, or education;
an individual designated by the person making the anatomical gift if the individual
is the recipient of the part and the transplant can be made; or
an eye bank or a transplant tissue bank.
“Document of gift” means a donor card or any other record use to make an anatomical gift,
and includes a statement or symbol on a driver’s license, an identification card, or a donor
registry.
If an anatomical gift of one or more specific parts is made in a document of gift that does
not name one of the persons above and does not identify the purpose of the gift, the gift
passes to the appropriate eye bank, tissue bank, or organ procurement organization, as
applicable, and may be used only for transplantation or therapy.
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In addition, if a document of gift specifies only a general intent to make an anatomical gift
by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of
similar import, the gift passes to the appropriate eye bank, tissue bank, or organ
procurement organization, as applicable, and may be used only for transplantation or
therapy.
Reasonable Search for Document of Gift or Refusal
The following persons must make a reasonable search of an individual who the person
reasonably believes is dead or whose death is imminent for a document of gift or any other
information identifying the individual as a donor or as an individual who made a refusal:
a law enforcement officer, firefighter, paramedic, or any other emergency rescuer
finding the individual; and
if no other source of the information is immediately available, a hospital, as soon as
practical after the individual’s arrival at the hospital.
If the document of gift or a refusal to make an anatomical gift is located before an
individual or deceased individual is taken to a hospital, the person responsible for
conducting the search must send the document to the hospital. A person is not subject to
criminal or civil liability for failing to discharge these duties but may be subject to
administrative sanctions.
Reasonable Search of Donor Registry
Whenever a hospital refers an individual who is dead or whose death is imminent to a
procurement organization to ascertain whether the individual has made an anatomical gift,
the organization must make a reasonable search of any donor registry that the hospital
knows exists for the geographical area in which the individual resides.
State Expenditures: TTF expenditures increase by $23,200 in fiscal 2022 only for MVA
programming costs to allow for donors’ designations of the purposes for their anatomical
gift to be recorded during driver’s license and identification card transactions. The bill’s
provisions authorizing a person to designate the purposes for their anatomical gift and
requiring educational materials to be produced and displayed and made available at MVA
locations are otherwise expected to be implemented with existing resources, with the
educational materials produced and provided by “the organ procurement organization or
its designated affiliate.”
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Additional Information
Prior Introductions: SB 869 of 2020, a similar bill, passed the House with amendments
and was referred to the House Health and Government Operations Committee, but no
further action was taken. Its cross file, HB 1133, received a hearing in the House Health
and Government Operations Committee, but no further action was taken.
Designated Cross File: HB 301 (Delegates Shetty and R. Lewis) - Health and
Government Operations.
Information Source(s): Maryland Department of Transportation; Maryland Department
of Health; Baltimore, Garrett, and Montgomery counties; City of Laurel; Register of Wills;
Department of State Police; Donate Life Maryland; The Living Legacy Foundation of
Maryland; Department of Legislative Services
Fiscal Note History: First Reader - January 15, 2021
an/sdk Third Reader - February 2, 2021
Enrolled - May 4, 2021
Revised - Amendment(s) - May 4, 2021
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected: Text - First - Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions: 4-509 Estates and Trusts, 4-512 Estates and Trusts
Text - Third - Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions: 4-509 Estates and Trusts, 4-512 Estates and Trusts
Text - Enrolled - Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions: 4-503 Estates and Trusts, 4-509 Estates and Trusts, 4-512 Estates and Trusts