<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 10.35.01.12" title_num="10" subtitle_num="35" chapter_num="01" heading="Donation of Internal Organs for Transplantation.">
  <paragraph num="A.">
    <text>Whenever there is an immediate need for an internal organ as a transplant, that is, heart, lung, kidney, liver, pancreas, spleen, lymph nodes, or adrenal gland, a medical examiner may provide the organ, if requested by a transplant surgeon, under the following conditions:</text>
    <paragraph num="(1)">
      <text>The medical examiner has jurisdiction over the body of a decedent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The body has been tested to determine its suitability;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The hospital representative and treating physician have obtained proper authorization for this decedent;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A reasonable, unsuccessful search has been made by the procurement organization as required by Estates and Trusts Article, §4–512(f), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>No objection by the next of kin is known or reasonably foreseen by the medical examiner; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The removal of the organ requested for transplant does not interfere with an investigation or autopsy.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Whenever a medical examiner on duty determines that an organ cannot be removed for one of the reasons stated in Sec. A of this regulation, the transplant surgeon may request that this decision be reviewed by the Chief Medical Examiner, a Deputy Chief Medical Examiner, or their designee.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Whenever a decedent is determined to have died by some violent means, the medical examiner may not authorize removal of the requested organs without observation by the medical examiner or the medical examiner's agent.</text>
  </paragraph>
</regulation>