Md. Code Ann., Health-Gen. § 5-408
Sale of bodies and organs
Effective Oct 1, 2011Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1984, c. 299, § 1, eff. July 1, 1984; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1991, c. 68, § 1, eff. July 1, 1991; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2011, c. 541, § 2, eff. Oct. 1, 2011.State of Maryland
(a)
- (1) A person may not sell or buy any body or any part of a body that is under the exclusive control of the Board.
(2) 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:
- (i) Is removed from a human body that is alive or dead at the time of removal; and
- (ii) Is not under the exclusive control of the Board.
- (3) In this section, “human organ” does not include blood and plasma.
(b)
- (1) 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.
(2) 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:
- (i) The needs of the schools of the State are met;
- (ii) The requesting party demonstrates the need for a specimen;
(iii) The circumstances of the request are that:
- 1. No other sufficient source of specimens within the requesting state exists; or
- 2. A preexisting organ tissue donation was made by an individual in compliance with the Maryland Revised Uniform Anatomical Gift Act;
- (iv) The requesting party bears the responsibility for transporting and the specialized care of the specimen and all associated costs; and
- (v) 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.
- (3) 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.
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1984, c. 299, § 1, eff. July 1, 1984; Acts 1986, c. 396, § 1, eff. July 1, 1986; Acts 1991, c. 68, § 1, eff. July 1, 1991; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2011, c. 541, § 2, eff. Oct. 1, 2011.
Formerly Art. 43, § 160.