Title 5. Death — Subtitle 2. Determination of Death
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 5-201 (2026)
Title 5. Death
Subtitle 2. Determination of Death
§ 5–201LinkCopy Citation
Notwithstanding any other law, a pronouncement of death under this subtitle shall be used for all purposes in this State, including the trials of civil and criminal cases.
Md. Code Ann., Health-Gen. § 5-202 (2026)
Title 5. Death
Subtitle 2. Determination of Death
§ 5–202LinkCopy Citation
(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.