In this subtitle the following words have the meanings indicated. “Board” means the State Anatomy Board. “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. “Public officer” means an officer of this State or of a county or other political subdivision of this State.

There is a State Anatomy Board in the Department.

The Board consists of: 1 member of the Anatomy Department of the University of Maryland School of Dentistry; and 2 members of the anatomy department of each medical school in this State. The administrative officer of each school shall name the members from that school. From among its members, the Board every 2 years shall elect a chairman and a vice chairman. The manner of election of officers shall be as the Board determines. The vice chairman shall act as chairman when the chairman is absent or cannot act.

The Board shall determine the times and places of its meetings. A member of the Board: May not receive compensation; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties: To adopt regulations to carry out the provisions of this title; and To set reasonable fees, by regulation, for its services.

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. 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.

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. 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. 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. 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. 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. On expiration of 72 hours after death, the body shall be under the exclusive control of the Board and may be embalmed. If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates. 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. The Board may waive its costs under this section upon a showing of hardship by the relative or friend.

Any person who has custody of a donated body immediately shall notify the chairman of the Board. 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. The donated body shall be under the exclusive control of the Board and may be embalmed. If the body is embalmed, it shall be embalmed in a proper manner by an individual whom the Board designates.

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.

A person may not sell or buy any body or any part of a body that is under the exclusive control of the Board. 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: Is removed from a human body that is alive or dead at the time of removal; and Is not under the exclusive control of the Board. In this section, “human organ” does not include blood and plasma. 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. 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: The needs of the schools of the State are met; The requesting party demonstrates the need for a specimen; The circumstances of the request are that: No other sufficient source of specimens within the requesting state exists; or A preexisting organ tissue donation was made by an individual in compliance with the Maryland Revised Uniform Anatomical Gift Act; The requesting party bears the responsibility for transporting and the specialized care of the specimen and all associated costs; and 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. 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.

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.

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. 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.