# Health - General (GHG)

## Title 5. Death

### Subtitle 2. Determination of Death

#### Section 5-201

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.

#### Section 5-202

(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.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)