1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for
3definitions, for prospective donors, for prospective donees,
4for procedure, for amendment or revocation, for rights and
5duties at death, for requests, for identification and
6authorization, for the Governor Robert P. Casey Memorial
7Organ and Tissue Donation Awareness Trust Fund, for
8confidentiality and for prohibitions; providing for promotion
9of donations through a registry, for effect on advance health
10care directive, for facilitation of gifts during
11investigation, for collaboration, for information, for
12physician and nurse training, for uniformity and for
13electronic signatures; and further providing for corneal
14transplants.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. The definitions of "advisory committee," "bank or
18storage facility," "decedent" and "organ procurement
19organization" in section 8601 of Title 20 of the Pennsylvania
20Consolidated Statutes are amended and the section is amended by
21adding definitions to read:

22§ 8601. Definitions.

1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4* * *

5"Adult." An individual who is at least 18 years of age.

6"Advance health care directive." As defined in section 5422
7(relating to definitions).

8"Advisory committee." The Organ and Tissue Donation Advisory
9Committee established under section 8622 (relating to The
10Governor Robert P. Casey Memorial Organ and Tissue Donation
11Awareness Trust Fund).

12"Agent." Any of the following:

13(1) An individual authorized to make health care
14decisions on <-another's a principal's behalf under Subchapter
15C of Chapter 54 (relating to health care agents and
16representatives).

17(2) An individual expressly authorized to make an
18anatomical gift on <-another's a principal's behalf by any
19other record signed by the <-individual giving the
20authorization <-principal.

21"Anatomical gift." A donation of all or part of a human body
22to take effect after the donor's death for the purpose of
23transplantation, therapy, research or education.

24["Bank or storage facility." A facility licensed, accredited
25or approved under the laws of any state for storage of human
26bodies or parts thereof.]

27* * *

28"Decedent." [A deceased individual, including a stillborn
29infant or fetus.] A deceased individual whose body or part is or 
30may be the source of an anatomical gift. The term includes a
 

1stillborn infant and, subject to restrictions imposed by other 
2laws, a fetus. The term does not include a blastocyst, embryo or 
3fetus that is the subject of an induced abortion.

4"Document of gift." A donor card or other record used to
5make, amend or revoke an anatomical gift. The term includes a
6statement or symbol on a driver's license or identification card
7or in a donor registry.

8"Donate Life PA Registry." That subset of persons in the
9Department of Transportation's driver's license and photo
10identification card database who have elected to include the
11donor designation on their record. This term shall not refer to
12a separate database.

13* * *

14"Donor registry." A database which contains records of
15anatomical gifts. The term includes the Donate Life PA Registry.

16"Eye bank." A person that is licensed, accredited or
17regulated under Federal or State law to engage in the recovery,
18screening, testing, processing, storage or distribution of human
19eyes or portions of human eyes.

20* * *

21"Hospital administrator." Any individual appointed by a
22hospital's governing body to act on its behalf in the overall
23management of the hospital. The term includes a designee of the
24individual.

25"Know." To have actual knowledge. When the word "known" is
26used as an adjective to modify a term, the meaning is that there
27is actual knowledge about the modified term.

28"Minor." An individual who is under 18 years of age.

<-29"Organ."  A human organ as defined in 42 CFR 121.2 (relating 
30to definitions).

1"Organ procurement organization." An organization [that
2meets the requirements of section 371 of the Public Health
3Service Act (58 Stat. 682, 42 U.S.C. § 273)] designated for the 
4region by the Secretary of Health and Human Services as an organ 
5procurement organization.

6* * *

7"Person authorized or obligated to dispose of a decedent's
8body." Any of the following, without regard to order of
9priority:

10(1) A coroner or medical examiner having jurisdiction
11over the decedent's body.

12(2) A warden or director of a correctional facility
13where the decedent was incarcerated.

14(3) An administrator or official of a social service
15agency having a relationship with the decedent.

16(4) An individual or official of an entity that:

17(i) is authorized to make decisions with respect to
18the disposition, transportation, transfer, burial or
19cremation of a decedent;

20(ii) is under an obligation to make decisions with
21respect to the disposition, transportation, transfer,
22burial or cremation of a decedent; or

23(iii) voluntarily assumes responsibility for
24decisions with respect to the disposition,
25transportation, transfer, burial or cremation of a
26decedent.

27* * *

<-28"Procurement organization."  An organ procurement 
29organization, eye bank or tissue bank.

30"Program coordinator." The Organ and Tissue Donation

1Awareness Program Coordinator established in section 8622
2(relating to The Governor Robert P. Casey Memorial Organ and
3Tissue Donation Awareness Trust Fund).

4"Prospective donor." A person who is dead or whose death is
5imminent and has been determined by an organ procurement
6organization to have a part that could be medically suitable for
7transplantation, therapy, research or education.

8"Reasonably available." Able to be contacted by a
9procurement organization with reasonable effort and willing and
10able to <-act exercise the decision to refuse or to authorize
11anatomical donation in a timely manner consistent with existing
12medical criteria necessary to make an anatomical gift.

13"Recipient." An individual into whose body a decedent's part
14has been or is intended to be transplanted.

15"Record." Information that is inscribed on a tangible medium
16or that is stored in an electronic or other medium and is
17retrievable in perceivable form.

18* * *

<-19"Tissue."  A portion of the human body other than an organ or 
20an eye. The term does not include blood, unless the blood is 
21donated for the purpose of research or education.

22"Tissue bank." A person that is licensed, accredited or
23regulated under Federal or State law to engage in the recovery,
24screening, testing, processing, storage or distribution of
25tissue.

26* * *

27Section 2. Sections 8611(a), (b) and (c) of Title 20 are
28amended to read:

29§ 8611. Persons who may execute anatomical gift.

30(a) General rule.--Any individual of sound mind and 18 years

1of age or more may give all or any part of his body for any
2purpose specified in section 8612 (relating to persons who may
3become donees; purposes for which anatomical gifts may be made),
4the gift to take effect upon death. [Any] An agent [acting under
5a power of attorney which authorizes the agent to make
6anatomical gifts] may effectuate a gift for any purpose
7specified in section 8612. Any individual who is a minor and 16
8years of age or older may effectuate a gift for any purpose
9specified in section 8612, provided parental or guardian consent
10is deemed given. Parental or guardian consent shall be noted on
11the minor's donor card, application for the donor's learner's
12permit or driver's license or other document of gift. A gift of
13the whole body shall be invalid unless made in writing at least
1415 days prior to the date of death or consent is obtained from
15the legal next of kin. Where there are adult children of the
16deceased who are not children of the surviving spouse, their
17consent shall also be required for a gift of the whole body for
18anatomical study.

19(b) [Others entitled] Entitled to donate anatomy of
20decedent.--Any of the following persons who are reasonably 
21available, in order of priority stated, when persons in prior
22classes are not reasonably available at the time of death, and
23in the absence of [actual notice of contrary indications] known 
24objections by the decedent or [actual notice of opposition] by a
25member of [the same or] a prior class, may give all or any part
26of the decedent's body for any purpose specified in section
278612:

28[(1) The spouse.

29(2) An adult son or daughter.

30(3) Either parent.

1(4) An adult brother or sister.

2(5) A guardian of the person of the decedent at the time
3of his death.

4(6) Any other person authorized or under obligation to
5dispose of the body.]

6(1) An agent of the decedent at the time of death who
7could have made an anatomical gift under subsection (a).

8(2) The spouse of the decedent<-, unless an action for 
9divorce is pending.

10(3) An adult child of the decedent.

11(4) A parent of the decedent.

12(5) An adult sibling of the decedent.

13(6) A guardian of the person of the decedent.

14(7) An adult grandchild of the decedent.

15(8) A grandparent of the decedent.

<-16(9) A person that exhibited special care and concern for
17the decedent.

18(9) Any other person related to the decedent by blood,<-
19marriage or adoption or a person with an established
20relationship with, and who exhibited special care and concern
21for, the decedent.

22(10) A hospital administrator.

23(11) A person authorized or obligated to dispose of the
24decedent's body.

25(c) Donee not to accept in certain cases.--[If the]

26(1) The donee may not accept a gift under any of the
27following circumstances:

28(i) The donee [has actual notice of contrary
29indications] knows of an objection by the decedent [or].

30(ii) The donee knows that a gift by a member of a

1class is opposed by a reasonably available member of [the
2same or] a prior class[, the donee shall not accept the
3gift].

4(iii) The donee knows that a gift by a member of a
5class is opposed by at least 50% of the reasonably
6available members of the same class.

7(2) The persons authorized by subsection (b) may make
8the gift after or immediately before death.

9* * *

10Section 2.1. Section 8612 of Title 20 is amended to read:

11§ 8612. Persons who may become donees; purposes for which
12anatomical gifts may be made.

13[The following persons may become donees of gifts of bodies
14or parts thereof for any of the purposes stated:

15(1) Any hospital, surgeon or physician for medical or
16dental education, research, advancement of medical or dental
17science, therapy or transplantation.

18(2) Any accredited medical or dental school, college or
19university for education, research, advancement of medical or
20dental science or therapy.

21(3) Any bank or storage facility for medical or dental
22education, research, advancement of medical or dental
23science, therapy or transplantation.

24(4) Any specified individual for therapy or
25transplantation needed by him.

26(5) The board.]

27(a) Donees.--An anatomical gift may be made to any of the
28following persons named in the document of gift:

29(1) If for research or education, any of the following:

30(i) A hospital.

1(ii) An accredited medical school, dental school,
2college or university.

3(iii) The board.

4(iv) An organ procurement organization.

5(v) Any other appropriate person as permitted by
6law.

7(2) Subject to subsection (b), an individual designated
8by the person making the anatomical gift if the individual is
9the recipient of the part.

10(3) An eye bank or tissue bank.

11(4) An organ procurement organization.

12(b) Directed donation.--If an anatomical gift to an
13individual under subsection (a)(2) cannot be transplanted into
14the individual, the part shall pass in accordance with
15subsection (c) <-in the absence of a known objection if authorized
16by the person making the anatomical gift.

17(c) Organ for transplant or therapy.--An anatomical gift of
18an organ for transplantation or therapy, other than an
19anatomical gift under subsection (a)(2), shall pass to the organ
20procurement organization.

21(d) Default.--If the intended purpose or recipient of an
22anatomical gift is not known, the following shall apply:

23(1) If the part is an eye, the gift shall pass to the
24appropriate eye bank.

25(2) If the part is tissue, the gift shall pass to the
26appropriate tissue bank.

27(3) If the part is an organ, the gift shall pass to the
28appropriate organ procurement organization.

29(4) If the gift is of the decedent's entire body, the
30gift shall pass to the board.

1(e) Multiple purposes.--If there is more than one purpose of
2an anatomical gift set forth in the document of gift but the
3purposes are not set forth in any priority, the gift shall be
4used for transplantation or therapy, if suitable and enumerated
5in the document of gift, and shall pass to the appropriate organ
6procurement organization. If the gift cannot be used for
7transplantation or therapy, the gift may be used for other
8lawful purposes enumerated in the document of gift.

9(f) Unspecified purpose.--If an anatomical gift is made in a
10document of gift that does not name a person described in
11subsection (a) and does not identify the purpose of the gift,
12the gift may be used only for transplantation or therapy, and
13the gift shall pass in accordance with subsection (d).

14(g) Effect of gift.--An anatomical gift of a part is neither
15a refusal to give another part nor a limitation on the making of
16an anatomical gift of another part or making an anatomical gift
17for another purpose at a later time by the donor or another
18person.

19Section 2.2. Section 8613(b), (d) and (e) of Title 20 are
20amended and the section is amended by adding subsections to
21read:

22§ 8613. Manner of executing anatomical gifts.

23* * *

24(b) Gifts by other documents.--[A gift of all or part of the
25body under section 8611(a) may also be made by document other
26than a will.] An anatomical gift may be made by other document, 
27including by authorizing a statement or symbol indicating that 
28the donor has made an anatomical gift, which shall be recorded 
29in a donor registry or on the donor's driver's license or 
30identification card. The gift becomes effective upon the death

1of the donor. The document, which may be a card designed to be
2carried on the person, must be signed by the donor [in the
3presence of two witnesses who must sign the document in his
4presence]. If the donor is mentally competent to signify his
5desire to sign the document but is physically unable to do so,
6the document may be signed for him by another at his direction
7and in his presence in the presence of two witnesses who must
8sign the document in his presence. Delivery of the document of
9gift during the donor's lifetime is not necessary to make the
10gift valid. If an anatomical gift is indicated on a driver's 
11license or an identification card, the anatomical gift is not 
12invalidated by revocation, suspension, expiration or 
13cancellation of:

14(1) the driver's license under 75 Pa.C.S. Ch. 15
15(relating to licensing of drivers); or

16(2) the identification card by the Department of
17Transportation.

18* * *

19[(d) Designation of person to carry out procedures.--
20Notwithstanding section 8616(b) (relating to rights and duties
21at death), the donor may designate in his will, card or other
22document of gift the surgeon or physician to carry out the
23appropriate procedures. In the absence of a designation or if
24the designee is not available, the donee or other person
25authorized to accept the gift may employ or authorize any
26surgeon or physician for the purpose, or, in the case of a gift
27of eyes, he may employ or authorize a person who is a funeral
28director licensed by the State Board of Funeral Directors, an
29eye bank technician or medical student, if the person has
30successfully completed a course in eye enucleation approved by

1the State Board of Medical Education and Licensure, or an eye
2bank technician or medical student trained under a program in
3the sterile technique for eye enucleation approved by the State
4Board of Medical Education and Licensure to enucleate eyes for
5an eye bank for the gift after certification of death by a
6physician. A qualified funeral director, eye bank technician or
7medical student acting in accordance with the terms of this
8subsection shall not have any liability, civil or criminal, for
9the eye enucleation.]

10(d.1) Reliance.--A person may rely on a document of gift or
11amendment thereto as being valid unless that person knows that
12it was not validly executed or was revoked.

13(e) Consent not necessary.--[If a donor card, donor driver's
14license, living will, durable power of attorney or other
15document of gift evidencing a gift of organs or tissue has been
16executed,] A donor's gift of all or any part of the individual's 
17body, including a designation in a registry on a driver's 
18license or identification card, donor card, advance health care 
19directive, will or other document of gift, may not be revoked by 
20the next-of-kin or other persons identified in section 8611(b). 
21The consent of any person [designated in section 8611(b)] at the
22time of the donor's death or immediately thereafter is not
23necessary to render the gift valid and effective.

24* * *

25(g) Validity.--A document of gift is valid if executed in
26accordance with:

27(1) this chapter;

28(2) the law of the state or country where it was
29executed; or

30(3) the law of the state or country where, at the time

1of execution of the document of gift, the person making the
2anatomical gift:

3(i) is domiciled;

4(ii) has a place of residence; or

5(iii) is a citizen.

6(h) Choice of law.--If a document of gift is valid under
7this section, the law of this Commonwealth governs
8interpretation of the document.

9(i) Refusals.--An individual may refuse to make an
10anatomical gift of the individual's body or part by a writing or
11record signed in the same manner as a document of gift or any
12other writing or record used to identify the individual as
13refusing to make an anatomical gift. An individual's unrevoked
14refusal to make an anatomical gift of the individual's body or
15part bars all other persons from making an anatomical gift of
16the individual's body or part.

17Section 3. Section 8615 of Title 20 is amended by adding
18subsections to read:

19§ 8615. Amendment or revocation of gift.

20* * *

21(d) Effectiveness of revocation.--A revocation made under
22this chapter shall take effect if, before an incision has been
23made to remove a part from the donor's body or before invasive
24procedures have begun to prepare the recipient, the applicable
25organ procurement organization, transplant hospital or physician
26or technician knows of the revocation.

27(e) Revocation not a refusal.--A revocation made under this
28chapter shall not be considered a known objection or refusal to
29make a gift of one's body or a part of one's body nor a
30prohibition against a person described in section 8611(b)

1(relating to persons who may execute anatomical gift) making
2such gift.

3Section 4. Sections 8616(b), (c) and (d), 8617, 8619, 8621,
48622, 8623 and 8624 of Title 20 are amended to read:

5§ 8616. Rights and duties at death.

6* * *

7(b) Physicians.--The time of death shall be determined by a
8physician who tends the donor at his death or, if none, the
9physician who certifies the death. [The physician or person who
10certifies death or any of his professional partners or
11associates shall not participate in the procedures for removing
12or transplanting a part.]

13(c) Certain liability limited.--A person who acts in good
14faith in accordance with the terms of this subchapter or with
15the anatomical gift laws of another state or a foreign country
16is not liable for damages in any civil action or subject to
17prosecution in any criminal proceeding for his act. Neither a 
18person making an anatomical gift nor a donor's estate shall be 
19liable for injury or damage which results from the making or use 
20of the anatomical gift. In determining whether an anatomical 
21gift has been made, amended or revoked under this chapter, a 
22person may rely upon representations of an individual listed in 
23section 8611(b) relating to the individual's relationship to the 
24donor or prospective donor unless the person knows that the 
25representation is untrue.

26(d) Law on autopsies applicable.--The provisions of this
27subchapter are subject to the laws of this Commonwealth
28prescribing powers and duties with respect to autopsies.
29Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history 
30record information), an organ procurement organization is
 

1authorized to obtain a copy of an autopsy report in a timely 
2fashion upon request and payment of reasonable copying fees.

3§ 8617. Requests for anatomical gifts.

4[(a) Procedure.--On or before the occurrence of each death
5in an acute care general hospital, the hospital shall make
6contact with the regional organ procurement organization in
7order to determine the suitability for organ, tissue and eye
8donation for any purpose specified under this subchapter. This
9contact and the disposition shall be noted on the patient's
10medical record.

11(b) Limitation.--If the hospital administrator or his
12designee has received actual notice of opposition from any of
13the persons named in section 8611(b) (relating to persons who
14may execute anatomical gift) and the decedent was not in
15possession of a validly executed donor card, the gift of all or
16any part of the decedent's body shall not be requested.

17(c) Donor card.--Notwithstanding any provision of law to the
18contrary, the intent of a decedent to participate in an organ
19donor program as evidenced by the possession of a validly
20executed donor card, donor driver's license, living will,
21durable power of attorney or other document of gift shall not be
22revoked by any member of any of the classes specified in section
238611(b).

24(d) Identification of potential donors.--Each acute care
25general hospital shall develop within one year of the date of
26final enactment of this section, with the concurrence of the
27hospital medical staff, a protocol for identifying potential
28organ and tissue donors. It shall require that, at or near the
29time of every individual death, all acute care general hospitals
30contact by telephone their regional organ procurement

1organization to determine suitability for organ, tissue and eye
2donation of the individual in question. The person designated by
3the acute care general hospital to contact the organ procurement
4organization shall have the following information available
5prior to making the contact:

6(1) The patient's identifier number.

7(2) The patient's age.

8(3) The cause of death.

9(4) Any past medical history available.

10The organ procurement organization, in consultation with the
11patient's attending physician or his designee, shall determine
12the suitability for donation. If the organ procurement
13organization in consultation with the patient's attending
14physician or his designee determines that donation is not
15appropriate based on established medical criteria, this shall be
16noted by hospital personnel on the patient's record, and no
17further action is necessary. If the organ procurement
18organization in consultation with the patient's attending
19physician or his designee determines that the patient is a
20suitable candidate for anatomical donation, the acute care
21general hospital shall initiate a request by informing the
22persons and following the procedure designated under section
238611(b) of the option to donate organs, tissues or eyes. The
24person initiating the request shall be an organ procurement
25organization representative or a designated requestor. The organ
26procurement organization representative or designated requestor
27shall ask persons pursuant to section 8611(b) whether the
28deceased was an organ donor. If the person designated under
29section 8611(b) does not know, then this person shall be
30informed of the option to donate organs and tissues. The

1protocol shall encourage discretion and sensitivity to family
2circumstances in all discussions regarding donations of tissue
3or organs. The protocol shall take into account the deceased
4individual's religious beliefs or nonsuitability for organ and
5tissue donation.

6(e) Tissue procurement.--

7(1) The first priority use for all tissue shall be
8transplantation.

9(2) Upon Department of Health approval of guidelines
10pursuant to subsection (f)(1)(ii), all acute care general
11hospitals shall select at least one tissue procurement
12provider. A hospital shall notify the regional organ
13procurement organization of its choice of tissue procurement
14providers. If a hospital chooses more than one tissue
15procurement provider, it may specify a rotation of referrals
16by the organ procurement organization to the designated
17tissue procurement providers.

18(3) Until the Department of Health has approved
19guidelines pursuant to subsection (f)(1)(ii), tissue
20referrals at each hospital shall be rotated in a proportion
21equal to the average rate of donors recovered among the
22tissue procurement providers at that hospital during the two-
23year period ending August 31, 1994.

24(4) The regional organ procurement organization, with
25the assistance of tissue procurement providers, shall submit
26an annual report to the General Assembly on the following:

27(i) The number of tissue donors.

28(ii) The number of tissue procurements for
29transplantation.

30(iii) The number of tissue procurements recovered

1for research by each tissue procurement provider
2operating in this Commonwealth.

3(f) Guidelines.--

4(1) The Department of Health, in consultation with organ
5procurement organizations, tissue procurement providers and
6the Hospital Association of Pennsylvania, donor recipients
7and family appointed pursuant to section 8622(c)(3) (relating
8to The Governor Robert P. Casey Memorial Organ and Tissue
9Donation Awareness Trust Fund) shall, within six months of
10the effective date of this chapter, do all of the following:

11(i) Establish guidelines regarding efficient
12procedures facilitating the delivery of anatomical gift
13donations from receiving hospitals to procurement
14providers.

15(ii) Develop guidelines to assist hospitals in the
16selection and designation of tissue procurement
17providers.

18(2) Each organ procurement organization and each tissue
19procurement provider operating within this Commonwealth
20shall, within six months of the effective date of this
21chapter, file with the Department of Health, for public
22review, its operating protocols.]

23(a) Procedure.--

24(1) A hospital located in this Commonwealth shall notify
25the applicable designated organ procurement organization or a
26third party designated by that organization of an individual
27whose death is imminent or who has died in the hospital.
28Notification shall be made in a timely manner to ensure that
29examination, evaluation and ascertainment of donor status as
30set forth in subsection (d) can be completed within a time

1frame compatible with the donation of organs and tissues for
2transplant. The notification shall be made without regard to
3whether the person has executed an advance directive for
4health care.

5(2) The following shall apply to coroners and medical
6examiners:

7(i) Except as set forth in subparagraph (ii), a
8coroner or medical examiner shall notify the applicable
9designated organ procurement organization of a person's
10death in accordance with a mutually agreed-upon protocol.
11Notification shall be made in a timely manner to ensure
12that examination, evaluation and ascertainment of donor
13status as set forth in subsection (d) can be completed
14within a time frame compatible with the recovery of
15tissues for transplant.

16(ii) Notification under this paragraph shall not be
17made if:

18(A) the decedent was admitted to the hospital at
19or around the time of death; or

20(B) the notification to the coroner or medical
21examiner occurred more than 18 hours following the
22estimated time of the decedent's death.

23(b) Referrals.--If an organ procurement organization
24receives a referral of an individual whose death is imminent or
25who has died, the organ procurement organization shall make a
26reasonable search of the records of the Donate Life PA Registry
27or the applicable State donor registry that it knows exists for
28the geographic area in which the individual resided or resides
29in order to ascertain whether the individual has made an
30anatomical gift.

1(c) Document of gift.--

2(1) If the referred patient has a document of gift,
3including registration with the Donate Life PA Registry, the
4procurement organization representative or the designated
5requestor shall attempt to notify a person listed in section
68611(b) (relating to persons who may execute anatomical gift)
7of the gift.

8(2) If no document of gift is known to the procurement
9organization representative or the designated requestor, one
10of these two individuals shall ask the persons listed in
11section 8611(b) whether the decedent had a validly executed
12document of gift. If there is no evidence of an anatomical
13gift by the decedent, the procurement organization
14representative or the designated requestor shall notify a
15person listed in section 8611(b) of the option to donate
16organs and tissues. The notification shall be performed in 
17accordance with a protocol that encourages discretion and 
18sensitivity to family circumstances in all discussions 
19regarding donations of tissue or organs. The protocol shall 
20take into account the deceased's religious beliefs or 
21nonsuitability for organ and tissue donation.

22(3) The hospital administrator or that person's
23designated representative shall indicate in the medical
24record of the decedent:

25(i) whether or not a document of gift is known to
26exist or whether a gift was made; and

27(ii) if a gift was made, the name of the person
28granting the gift and that person's relationship to the
29decedent.

30(d) Testing.--

1(1) This subsection shall apply if:

2(i) a hospital refers an individual who is dead or
3whose death is imminent to an organ procurement
4organization; and

5(ii) the organ procurement organization determines,
6based upon a medical record review, that the individual
7may be a prospective donor.

8(2) If the requirements of paragraph (1) are met, the
9following shall apply:

10(i) The organ procurement organization may conduct a
11blood or tissue test or minimally invasive examination
12which is reasonably necessary to evaluate the medical
13suitability of a part that is or may be the subject of an
14anatomical gift. Specific consent to testing or
15examination under this subparagraph shall not be
16required. The results of tests and examinations under
17this subparagraph shall be used or disclosed only:

18(A) to evaluate medical suitability for donation
19and to facilitate the donation process; and

20(B) as required or permitted by law.

21(ii) The hospital may not withdraw or withhold any
22measures which are necessary to maintain the medical
23suitability of the part until the organ procurement
24organization has:

25(A) had the opportunity to advise the applicable
26persons as set forth in section 8611(b) of the option
27to make an anatomical gift and has received or been
28denied authorization to proceed with recovery of the
29part; or

30(B) has ascertained that the individual made a

1gift or expressed a known objection to making a gift.

2(e) Testing after death.--After a donor's death, a person to
3whom an anatomical gift may pass under section 8612 (relating to
4persons who may become donees; purposes for which anatomical
5gifts may be made) may conduct a test or examination which is
6reasonably necessary to evaluate the medical suitability of the
7body or part for its intended purpose.

8(f) Scope.--An examination conducted under this section may
9include copying of records necessary to determine the medical
10suitability of the body or part. This subsection includes
11medical, dental and other health-related records.

12(f.1) Recipients.--

13(1) Subject to the provisions of this chapter, the
14rights of the person to whom a part passes under section 8612
15shall be superior to the rights of all others with respect to
16the part. The person may accept or reject an anatomical gift
17in whole or in part.

18(2) Subject to the terms of the document of gift and
19this chapter, a person that accepts an anatomical gift of an
20entire body may allow embalming, burial or cremation and the
21use of remains in a funeral service. If the gift is of a
22part, the person to whom the part passes under section 8612,
23upon the death of the donor and before embalming, burial or
24cremation, shall cause the part to be removed without
25unnecessary mutilation.

26(f.2) Physicians.--

27(1) Neither the physician who attends the decedent at
28death nor the physician who determines the time of the
29decedent's death may participate in the procedures for
30removing or transplanting a part from the decedent.

1(2) Subject to paragraph (1), a physician or technician
2may remove a donated part from the body of a donor that the
3physician or technician is qualified to remove.

4(f.3) Coordination of procurement and use.--

5(1) A hospital shall enter into agreements or
6affiliations with organ procurement organizations for
7coordination of procurement and use of anatomical gifts.

8(2) A person, including a coroner or medical examiner,
9that seeks to facilitate the making of an anatomical gift for
10the purposes of transplantation or therapy from a decedent
11who was not a hospital patient at the time of death shall
12notify the applicable designated organ procurement
13organization at or around the time of the person's death in
14order to allow that organization to evaluate the potential
15donation and, if applicable, coordinate the donation process.

16(g) Death record review.--

17(1) The Department of Health shall make annual death
18record reviews at acute care general hospitals to determine
19their compliance with subsection (d).

20(2) To conduct a review of an acute care general
21hospital, the following apply:

22(i) The [Department of Health] department shall
23select to carry out the review the Commonwealth-licensed
24organ procurement organization designated by the [Health
25Care Financing Administration] Centers for Medicare and 
26Medicaid Services for the region within which the acute
27care general hospital is located. For an organ
28procurement organization to be selected under this
29subparagraph, the organization must not operate nor have
30an ownership interest in an entity which provides all of

1the functions of a tissue procurement provider.

2(ii) If there is no valid selection under
3subparagraph (i) or if the organization selected under
4subparagraph (i) is unwilling to carry out the review,
5the department shall select to carry out the review any
6other Commonwealth-licensed organ procurement
7organization. For an organ procurement organization to be
8selected under this subparagraph, the organization must
9not operate nor have an ownership interest in an entity
10which provides all of the functions of a tissue
11procurement provider.

12(iii) If there is no valid selection under
13subparagraph (ii) or if the organization selected under
14subparagraph (ii) is unwilling to carry out the review,
15the department shall carry out the review using trained
16department personnel.

17(3) There shall be no cost assessed against a hospital
18for a review under this subsection.

19(4) If the department finds, on the basis of a review
20under this subsection, that a hospital is not in compliance
21with subsection (d), the department may impose an
22administrative fine of up to $500 for each instance of
23noncompliance. A fine under this paragraph is subject to 2 
24Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
25Commonwealth agencies) and Ch. 7 Subch. A (relating to
26judicial review of Commonwealth agency action). Fines
27collected under this paragraph shall be deposited into the
28fund.

29(5) An organ procurement organization may, upon request
30and payment of associated fees, obtain certified copies of

1death records of a donor from the Division of Vital Records
2of the department.

3(h) Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection:

6"Designated requestor." A hospital employee completing a
7course offered by [an] a designated organ procurement
8organization on how to approach potential donor families and
9request organ or tissue donation.

10"Noncompliance." Any failure on the part of a hospital to
11contact an organ procurement organization as required under
12subsection (d).

13§ 8619. Use of driver's license or identification card to
14indicate organ or tissue donation.

15(a) General rule.--Beginning as soon as practicable, but no
16later than January 1, 1995, or one year following the effective
17date of this section, whichever is later, the Department of
18Transportation shall redesign the driver's license and
19identification card application system to process requests for
20information regarding consent of the individual to organ or
21tissue donation. The following question shall be asked:

22Do you wish to have the organ donor designation printed
23on your driver's license?

24Only an affirmative response of an individual shall be noted on
25the front of the driver's license or identification card and
26shall clearly indicate the individual's intent to donate his
27organs or tissue. A notation on an individual's driver's license
28or identification card that he intends to donate his organs or
29tissue is deemed sufficient to satisfy all requirements for
30consent to organ or tissue donation. The department shall record
 

1and store all donor designations in the Donate Life PA Registry. 
2The recorded and stored designation is sufficient to satisfy all 
3requirements for consent to organ and tissue donation. <-The 
4recorded and stored designation is not a public record subject 
5to disclosure as defined in section 102 of the act of February 
614, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

7(b) Electronic access.--The organ procurement organizations
8designated by the Federal Government in the Commonwealth of
9Pennsylvania as part of the nationwide organ procurement network
10[may] shall be given 24-hour-a-day electronic access to
11information necessary to confirm an individual's organ donor
12status through the Department of Transportation's driver
13licensing database. Necessary information shall include the
14individual's name, address, date of birth, driver's license
15number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114
16(relating to limitation on sale, publication and disclosure of
17records), the Department of Transportation is authorized to
18provide the organ procurement organizations, after a written
19agreement between the Department of Transportation and the organ
20procurement organizations is first obtained, with the foregoing
21information. The organ procurement organization shall not use
22such information for any purpose other than to confirm an
23individual's organ donor status at or near or after an
24individual's death. The organ procurement organizations shall
25not be assessed the fee for such information prescribed by 75 
26Pa.C.S. § 1955(a) (relating to information concerning drivers
27and vehicles).

28§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
29Donation Awareness Trust Fund contributions.

<-30(a) Driver's license.--Beginning as soon as practicable, but

<-1(a) Driver's license.--

2(1) Beginning as soon as practicable, but no later than 
3[January 1, 1995] July 1, 2014 ten<- months after the effective 
4date of this paragraph, the Department of Transportation 
5shall provide an applicant for an original or renewal 
6driver's license or identification card the opportunity to 
7make a contribution of [$1] $3 to the fund. The contribution 
8shall be added to the regular fee for an original or renewal 
9driver's license or identification card. One contribution may 
10be made for each issuance or renewal of a license or 
11identification card. Contributions shall be used exclusively 
12for the purposes set out in section 8622 (relating to The 
13Governor Robert P. Casey Memorial Organ and Tissue D<-onation 
14Awareness Trust Fund). The Department of Transportation 
15Donation Awareness Trust Fund).<-

16(2) The Department of Transportation shall monthly 
17determine the total amount designated under this section and 
18shall report that amount to the State Treasurer, who shall 
19transfer that amount to The Governor Robert P. Casey Memorial 
20Organ and Tissue Donation Awareness Trust Fund.

<-21(b) Vehicle registration.--The Department of Transportation

<-22(b) Vehicle registration.--[The]

23(1) Beginning as soon as practicable, but no later than 
24TEN months after the effective date of this paragraph, the 
25Department of Transportation shall provide an applicant for a 
26renewal vehicle registration the opportunity to make a 
27contribution of [$1] $3 to The Governor Robert P. Casey 
28Memorial Organ and Tissue Donation Awareness Trust Fund. The 
29contribution shall be added to the regular fee for a renewal 
30of a vehicle registration. One contribution may be made for
 

1each renewal vehicle registration. Contributions shall be 
2used exclusively for the purposes <-described in section 8622. 
3The Department of Transportation <-described in section 8622.

4(2)  the department of transportation shall monthly 
5determine the total amount designated under this section and 
6shall report that amount to the State Treasurer, who shall 
7transfer that amount to The Governor Robert P. Casey Memorial 
<-8Organ and Tissue Donation Awareness Trust Fund. The MEMORIAL 
<-9Organ and Tissue Donation Awareness Trust Fund.

10(3) The Governor Robert P. Casey Memorial Organ and
11Tissue Donation Awareness Trust Fund shall reimburse the
12department for the initial costs incurred in the development
13and implementation of the contribution program [under this
14subsection] according to an implementation schedule 
15established by the department and the Organ Donation Advisory 
16Committee. The General Fund shall reimburse the Department of<- 
17COMMIT<-TEE.

18(4) THE GENERAL FUND SHALL REIMBURSE THE DEPARTMENT OF 
19Transportation for the actual annual operating costs of the
20program for vehicle registrations as described in this
21subsection [subject to the following limits: For the first
22fiscal year during which this subsection is effective, the
23General Fund shall reimburse the Department of Transportation
24for the actual operating costs of the program in this
25subsection up to a maximum of $100,000]. For each fiscal year
26[thereafter<-], the General Fund shall reimburse the Department
27of Transportation for the actual operating costs of the
28program in this subsection in an amount not to exceed the
29prior year's actual operating costs on a full fiscal year
30basis plus 3%. The amounts approved by the Governor as

1necessary are hereby appropriated from the General Fund for
2this purpose.

3(c) Internet website.--Within one year of the effective date
4of this subsection, the official Internet website of the
5department shall provide links through which individuals may
6make voluntary contributions of at least $1 to the fund,
7electronically. The links shall be provided at least in
8connection with the issuance of driver's licenses, personal
9identification cards and registration of motor vehicles.

10§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
11Donation Awareness Trust Fund.

12(a) Establishment.--All contributions received by the
13Department of Transportation under section 8621 (relating to The
14Governor Robert P. Casey Memorial Organ and Tissue Donation
15Awareness Trust Fund contributions) [and the Department of
16Revenue under section 8618 (relating to voluntary contribution
17system)] and the Department of Health under section 8617
18(relating to requests for anatomical gifts) shall be deposited
19into a special fund in the State Treasury to be known as The
20Governor Robert P. Casey Memorial Organ and Tissue Donation
21Awareness Trust Fund, which is hereby established.

22(b) Appropriation.--All moneys deposited in the fund and
23interest which accrues from those funds are appropriated on a
24continuing basis subject to the approval of the Governor to
25compensate the Department of Transportation, the Department of
26Health and the Department of Revenue for actual costs related to
27implementation of this chapter, including all costs of the Organ
28and Tissue Donation Advisory Committee created in subsection
29[(c)<-] (c.1). Any remaining funds are appropriated subject to the
30approval of the Governor for the following purposes:

1(1) [10%] Ten percent of the total fund may be expended
2annually by the Department of Health for reasonable hospital
3and other medical expenses, funeral expenses and incidental
4expenses incurred by the donor or donor's family in
5connection with making [a vital organ donation] an organ or 
6tissue donation, along with programming, to provide support 
7services to organ and tissue donors and their families, such 
8as bereavement counseling services. Such expenditures shall
9not exceed $3,000 per donor and shall only be made directly
10to the funeral home, hospital or other service provider
11related to the donation. No part of the fund shall be
12transferred directly to the donor's family, next of kin or
13estate. The advisory committee shall develop procedures,
14including the development of a pilot program, necessary for
15effectuating the purposes of this paragraph.

16(2) [50%] Fifty percent may be expended for grants to
17certified organ procurement organizations for the development
18and implementation of organ donation awareness programs in
19this Commonwealth. The Department of Health shall develop and
20administer this grant program, which is hereby established.

21(3) [15%] Fifteen percent may be expended by the
22Department of Health, in cooperation with certified organ
23procurement organizations, for the Project-Make-A-Choice
24program, which shall include information pamphlets designed
25by the Department of Health relating to organ donor awareness
26and the laws regarding organ donation, public information and
27public education about contributing to the fund when
28obtaining or renewing a driver's license and when completing
29a State individual income tax return form.

30(4) [25%] Twenty-five percent may be expended by the

1Department of Education for the implementation of organ
2donation awareness programs in the secondary schools in this
3Commonwealth.

4[(c) Advisory committee.--The Organ Donation Advisory
5Committee is hereby established, with membership as follows:

6(1) Two representatives of organ procurement
7organizations.

8(2) Two representatives of tissue procurement providers.

9(3) Six members representative of organ, tissue and eye
10recipients, families of recipients and families of donors.

11(4) Three representatives of acute care hospitals.

12(5) One representative of the Department of Health.

13(6) One representative of eye banks.

14All members shall be appointed by the Governor. Appointments
15shall be made in a manner that provides representation of the
16northwest, north central, northeast, southwest, south central
17and southeast regions of this Commonwealth. Members shall serve
18five-year terms. The Governor may reappoint advisory committee
19members for successive terms. Members of the advisory committee
20shall remain in office until a successor is appointed and
21qualified. If vacancies occur prior to completion of a term, the
22Governor shall appoint another member in accordance with this
23subsection to fill the unexpired term. The advisory committee
24shall meet at least biannually to review progress in the area of
25organ and tissue donation in this Commonwealth, recommend
26education and awareness training programs, recommend priorities
27in expenditures from the fund and advise the Secretary of Health
28on matters relating to administration of the fund. The advisory
29committee shall recommend legislation as it deems necessary to
30fulfill the purposes of this chapter. The advisory committee

1shall submit a report concerning its activities and progress to
2the General Assembly within 30 days prior to the expiration of
3each legislative session. The Department of Health shall
4reimburse members of the advisory committee for all necessary
5and reasonable travel and other expenses incurred in the
6performance of their duties under this section.]

<-7(c) (c.1) Advisory committee.--

8(1) The Organ and Tissue Donation Advisory Committee is
9established. Membership shall be as follows:

10(i) The Secretary of Education or a designee.

11(ii) The Secretary of Health or a designee.

12(iii) The Secretary of Transportation or a designee.

13(iv) One representative from each designated organ
14procurement organization.

15(v) Two representatives of tissue procurement
16providers.

17(vi) Six members representative of:

18(A) organ, tissue and eye recipients;

19(B) families of recipients;

20(C) donors; and

21(D) families of donors.

22(vii) Two representatives of acute care hospitals
23which are:

24(A) licensed in this Commonwealth; and

25(B) members of the Statewide association
26representing the interests of hospitals throughout
27this Commonwealth.

28(viii) One representative of eye banks.

29(ix) One representative of community health
30organizations.

<-1(x)  One elected county coroner of this Commonwealth.

2(2) A member under paragraph (1)(i), (ii) and (iii)
3shall serve ex officio.

4(3) For a member under paragraph (1)(iv), (v), (vi),
5(vii), (viii) <-and (ix), (ix) and (x), the following apply:

6(i) Members shall be appointed in a manner which
7reflects geographic diversity. Input on the selection of
8the representatives under paragraph (1)(vii) shall be
9sought from the Statewide association referred to in
10paragraph (1)(vii)(B).

11(ii) The members shall serve five-year terms.

12(iii) The Governor may reappoint an advisory
13committee member for successive terms.

14(iv) A member shall remain in office until a
15successor is appointed and qualified.

16(v) If a vacancy occurs prior to completion of a
17term, the Governor shall appoint a member to fill the
18unexpired term in the same manner as the vacating member
19was appointed.

20(4) The advisory committee shall meet at least
21biannually to do all of the following:

22(i) Review progress in the area of organ and tissue
23donation in this Commonwealth.

24(ii) Recommend education and awareness training
25programs.

26(iii) Recommend priorities in expenditures from the
27fund.

28(iv) Advise the Secretary of Health on matters
29relating to administration of the fund.

30(v) Recommend legislation as necessary to fulfill

1the purposes of this chapter.

2(5) The advisory committee shall submit a report
3concerning its activities and progress to the Secretary of
4the Senate and the Chief Clerk of the House of
5Representatives by October 31 of each even-numbered year.

6(6) The Department of Health shall reimburse members of
7the advisory committee only for necessary and reasonable
8travel and other expenses incurred in the performance of
9their duties under this subsection.

10(d) Reports.--The Department of Health, the Department of 
11Transportation and the Department of Education shall submit an
12annual report to the General Assembly on expenditures of fund
13moneys and any progress made in [reducing the number of
14potential donors who were not identified] increasing the number 
15of donor designations.

16[(e) Definition.--As used in this section, the term "vital 
17organ" means a heart, lung, liver, kidney, pancreas, small
18bowel, large bowel or stomach for the purpose of
19transplantation.]

20(f) Lead Commonwealth agency.--

21(1) The Department of Health shall be the lead
22Commonwealth agency responsible for promoting organ and
23tissue donation in this Commonwealth and shall coordinate
24activities among other collaborating Commonwealth agencies.

25(2) Within the Department of Health there is established
26a full-time position of Organ and Tissue Donation Awareness
27Program Coordinator.

28(i) The Department of Health shall be reimbursed by
29The Governor Robert P. Casey Memorial Organ and Tissue
30Donation Awareness Trust Fund for the actual cost of the

1program coordinator position.

2(ii) The program coordinator has the following
3powers and duties:

4(A) Assist in administration of the fund.

5(B) Serve as a full-time liaison to the advisory
6committee and assist the advisory committee in
7program development, projects, funding proposals and
8priorities.

9(C) Serve as liaison with other Commonwealth
10agencies. This clause shall include working with the
11Department of Transportation to ensure that driver's
12license centers promote organ and tissue donation and
13comply with agreed-upon arrangements to display
14information and materials.

15(D) Assist designated organ procurement 
16organizations in their collaborations with other 
17Commonwealth agencies.

18(E) Provide input to designated organ
19procurement organizations regarding training of
20individuals performing notifications under section
218617(c). Such training shall encourage discretion and
22sensitivity to family circumstances and the
23circumstances of the potential donor's death in all
24discussions regarding donations of tissue or organs
25and take into account the potential donor's religious
26beliefs or nonsuitability for organ and tissue
27donation.

28(F) Assist in resolving issues that <-may arise in
29hospitals in this Commonwealth regarding donation.

30§ 8623. Confidentiality requirement.

<-1[The identity of the donor and of the recipient may not be
2communicated unless expressly authorized by <-[the recipient and
3next of kin of the decedent.]<-:

4(a)<-  General rule.--Except as provided in subsection (b), no 
5procurement organization may divulge any individually 
6identifiable information acquired in the course of performing 
7its responsibilities under this chapter except for the purposes 
8of facilitating organ, eye or tissue donation and 
9transplantation or as otherwise required under applicable laws.

10(b)  Donors and recipients.--A procurement organization may
11communicate individually identifiable information of the donor
12and recipient if expressly authorized by:

13(1) the recipient; and

14(2) if the donor is alive, the donor, or if the donor is
15deceased, the next of kin of the donor.

16§ 8624. Prohibited activities.

17[(a) Affiliates.--No organ procurement organization selected
18by the Department of Health under section 8617(g) (relating to
19requests for anatomical gifts) to conduct annual death reviews
20may use that review authority or any powers or privileges
21granted thereby to coerce or attempt to coerce a hospital to
22select the organization or any tissue procurement provider
23contractually affiliated with the organization as a designated
24tissue procurement provider under section 8617(e).

25(b) Unfair acts.--No organ procurement organization or
26tissue procurement provider may disparage the services or
27business of other procurement providers by false or misleading
28representations of fact, engage in any other fraudulent conduct
29to influence the selection by a hospital of a qualified tissue
30procurement provider nor engage in unlawful competition or

1discrimination. This subsection is not intended to restrict or
2preclude any organ procurement organization or tissue
3procurement provider from marketing or promoting its services in
4the normal course of business.]

<-5(a) (c) Procurement organizations.--

6(1) A procurement organization shall not do any of the
7following:

8(i) Disparage the services or business of another
9procurement organization by false or misleading
10representations of fact.

11(ii) Engage in fraudulent conduct to influence the
12selection by a hospital of a tissue bank or eye bank.

13(iii) Engage in unlawful competition or
14discrimination.

15(2) This subsection is not intended to restrict or
16preclude an organ procurement organization from marketing or
17promoting its services in the normal course of business.

<-18(b) (d) Funeral establishments.--

19(1) Except as set forth in paragraph (2), a funeral
20director or a funeral establishment shall not:

21(i) remove body parts from a corpse;

22(ii) permit others to remove body parts from a
23corpse; or

24(iii) use funeral establishment facilities to remove
25body parts from a corpse.

26(2) Paragraph (1) shall not apply as follows:

27(i) Removal is permissible if it is:

28(A) necessary to perform embalming or other
29services in preparation for burial or cremation; and

30(B) authorized in writing by a family member,

1guardian or other person responsible for disposition
2of the body.

3(ii) Notwithstanding any other provision of law, if
4a donation is authorized under this chapter, a designated
5organ procurement organization and a Pennsylvania
6nonprofit eye bank accredited by the Eye Bank Association
7of America may recover donated ocular tissue, including
8the whole eye, cornea and sclera, and associated blood
9specimens at a funeral establishment.

10(3) If a funeral director is notified by a person
11authorized to make donations under this chapter that the
12person wishes to donate body parts from a corpse within the
13funeral director's custody, the funeral director shall
14immediately notify the organ procurement organization
15designated to serve that region.

16Section 5. Title 20 is amended by adding sections to read:

17§ 8625. Promotion of organ and tissue donation; Donate Life PA
18Registry established.

19(a) Promotion.--The Department of Transportation shall
20ensure access by residents of this Commonwealth to an Internet-
21based interface which promotes organ and tissue donation and
22enables residents 18 years of age or older who hold a
23Pennsylvania driver's license or identification card to register
24as donors and have their decisions immediately integrated into
25the current database maintained by the department. The database
26shall include only affirmative donation decisions.

27(b) Paper form.--

28(1) Within one year of the effective date of this
29section, the department shall establish a system which allows
30individuals who have been issued a driver's license or

1identification card to add their donor designation to the
2Donate Life PA Registry by submitting a form to the
3department.

4(2) Registration shall be provided at no cost to the
5registrant.

6(c) Donate Life PA Registry; name.--That portion of the
7database maintained by the department for recording donor
8designations and Internet-based interface established in this
9section shall be known as the Donate Life PA Registry.

10(d) Form and content.--The form and content of the Internet-
11based interface shall be maintained in collaboration with the
12designated organ procurement organizations.

13(e) Effect.--

14(1) Donor information entered into the Donate Life PA
15Registry shall supersede prior conflicting information:

16(i) provided to the Donate Life PA Registry;

17(ii) on the individual's physical driver's license
18or identification card;

19(iii) on an advance health care directive;

20(iv) submitted under section 8611 (relating to
21persons who may execute anatomical gift); or

22(v) submitted under any other statutory provision.

23(2) Registration by a donor shall constitute sufficient
24authorization to donate organs and tissues for
25transplantation and therapy. Authorization of another person
26shall not be necessary to effectuate the anatomical gift.

27(f) Technology.--An information technology system adopted by
28the Department of Transportation after the effective date of
29this section shall continue to accommodate the inclusion of
30donor designation information into the database and the ongoing

1operation of the Donate Life PA Registry.

<-2§ 8626. Facilitation of anatomical gift from decedent whose
3death is under investigation.

4(a) Collaboration by procurement organization.--

5(1) A coroner or medical examiner having jurisdiction
6may permit the removal of an anatomical gift authorized under
7this chapter from a decedent whose death is under
8investigation.

9(2) Organ procurement organizations shall in all cases
10collaborate with the coroner or medical examiner to ensure
11the preservation of forensic evidence.

12(3) Upon request, an organ procurement organization
13shall provide or assist the coroner or medical examiner in
14obtaining:

15(i)  Medical records.

16(ii)  Photographs.

17(iii)  Specimens, including blood and tissue.

18(iv)  Laboratory and diagnostic test results.

19(v)  Any other available information.

20(4) Notwithstanding the provisions set forth in 18 Pa.C.S. 
21Ch. 91 (relating to criminal history record information), a 
22coroner or medical examiner shall, upon request, release to the 
23organ procurement organization the name, contact information and 
24available medical and social history of a decedent whose death 
25is under investigation.

26(b) Attendance at recovery.--

27(1) If a coroner or medical examiner is considering
28denying recovery of one or more organs intended for
29transplant or therapy for any reason, the coroner or medical
30examiner or his or her designee shall, upon request of the

1organ procurement organization, be present during the
2procedure to remove the organs.

3(2) The coroner or medical examiner or his or her
4designee in attendance may deny removal of the organs if in
5his or her judgment those organs may be involved in the cause
6of death.

7(3) If the coroner or medical examiner or his or her
8designee denies removal of the organs, the coroner or medical
9examiner shall explain in writing the reasons for determining
10that those organs may be involved in the cause of death and
11the basis for denying recovery of the organ.

12(4) The designated organ procurement organization shall
13reimburse the coroner or medical examiner for the reasonable
14costs for the professional services of the coroner or medical
15examiner or his or her designee associated with attending the
16recovery.

17(c) Report.--If requested by the coroner or medical
18examiner, the physician or technician recovering a part under
19this section shall provide a report detailing the condition of
20the part. If appropriate, the report shall include a biopsy,
21photographs or medically approved sample from the part.

<-22§ 8626. Facilitation of anatomical gift from decedent whose
23death is under investigation.

24(a)  Coordination.--

25(1)  Upon identification of a prospective donor, an organ
26procurement organization shall, within a reasonable time,
27notify the coroner or medical examiner of the county in which
28the prospective donor is located.

29(2)  Upon notification as described in paragraph (1), a
30coroner or medical examiner intending to investigate a

1prospective donor's death shall, to the extent applicable and
2reasonable under the circumstances:

3(i)  Notify the coroner or medical examiner of the
4county in which the cause precipitating the prospective
5donor's death is believed to have occurred, who shall
6then cause the district attorney of the county to be
7notified in accordance with internal county protocols.

8(ii)  Notify the applicable organ procurement
9organization of any change in jurisdiction.

10(3)  Organ procurement organizations shall in all cases
11cooperate with the coroner or medical examiner in order to
12facilitate the preservation and collection of forensic
13evidence. Organ procurement organizations shall not move or
14cause to be moved a prospective donor without authorization
15of the coroner or medical examiner having jurisdiction. Upon
16request, an organ procurement organization shall provide or
17assist the coroner or medical examiner in obtaining: 

18(i)  Medical records.

19(ii)  Photographs.

20(iii)  Specimens, including blood and tissue.

21(iv)  Laboratory and diagnostic test results.

22(v)  Any other available information.

23(4) If applicable, the coroner or medical examiner shall
24timely notify the organ procurement organization of any
25additional requests from the coroner, medical examiner or
26district attorney of the county where the cause of death is
27believed to have occurred, including scheduling the recovery
28procedure to permit their attendance where the scheduling can
29be done in a time frame consistent with facilitating
30anatomical donation. Attendance may be in person or, if in-

1person attendance is not possible in a time frame consistent
2with facilitating anatomical donation and, if available, by
3electronic communication which includes a live visual
4depiction of the recovery procedure.

5(5)  Notwithstanding the provisions of 18 Pa.C.S. Ch. 91
6(relating to criminal history record information), a coroner
7or medical examiner shall, upon request, release to the organ
8procurement organization the name, contact information and
9available medical and social history of a decedent whose
10death is under investigation.

11(b)  Facilitation of donation.--Where a coroner or medical
12examiner has jurisdiction in the case of a prospective organ
13donor, the following shall apply:

14(1)  If the coroner or medical examiner is considering
15denying recovery of one or more organs intended for
16transplant or therapy, the coroner or medical examiner shall
17notify the applicable organ procurement organization.

18(2)  If requested by the organ procurement organization,
19the coroner or medical examiner or designee shall attend the
20organ recovery procedure and the following shall apply:

21(i)  The organ procurement organization shall use its
22best efforts to schedule the recovery procedure at the
23time reasonably requested by the coroner or medical
24examiner.

25(ii)  The coroner or medical examiner or designee may
26only deny removal of the organ if, in his judgment, the
27removal of the organ may interfere with or impede the
28investigation of the cause, manner and mechanism of
29death. For the denial to be valid, the coroner or medical
30examiner or designee must be in attendance at the

1recovery procedure. Attendance must be in person or, if
2in-person attendance is not possible in a time frame
3consistent with facilitating donation and, if available,
4by electronic communication which includes a live visual
5depiction of the recovery procedure.

6(iii)  If the coroner or medical examiner or
7designee denies removal of the organ, the coroner or
8medical examiner shall explain, in writing, the reason
9for determining that the removal of the organ may
10interfere with or impede the investigation of the cause,
11manner and mechanism of death.

12(iv)  No removal of the organ shall occur if the
13coroner or medical examiner or designee has denied
14recovery in accordance with subparagraph (ii) and
15complied with the procedure in subparagraph (iii).

16(v)  The applicable organ procurement organization
17shall reimburse the coroner or medical examiner for the
18reasonable costs of attendance at the recovery procedure.

19(c)  Report.--If requested by the coroner, medical examiner
20or district attorney, the physician or technician recovering an
21organ under this section shall provide a report and, if
22necessary, be available to provide testimony in any proceeding,
23detailing the condition of the organ and the recovery procedure.
24Reasonable costs associated with a physician or technician's
25providing testimony under this section shall be paid by the
26designated organ procurement organization.

27(d) Timing.--The requirements of this section shall be
28performed in a manner and time frame consistent with anatomical
29donation.

30§ 8627. Collaboration among departments and organ procurement

1organizations.

2(a) Mandatory.--

3(1) For purposes of the ongoing development and
4implementation of the Donate Life PA Registry, the Department
5of Transportation shall collaborate with the designated organ
6procurement organizations in applying for Federal or private
7grants recommended by the organ procurement organizations.

8(2) The Department of Transportation, in consultation
9with designated organ procurement organizations, shall
10establish an annual education program for photo license
11technicians of the Department of Transportation.

12(b) Discretionary.--Other Commonwealth agencies may
13collaborate with the designated organ procurement organizations
14in applying for Federal or private grants recommended by the
15organ procurement organizations.

16§ 8628. Information relative to organ and tissue donation.

17(a) Curriculum.--The Department of Education, in
18consultation with the designated organ procurement
19organizations, shall review the Commonwealth's educational
20curriculum framework to ensure that information about organ
21donation is included in the standards for students in grades
22nine through 12 beginning with the <-2013-2014 2015-2016 school
23year.

24(b) Goals.--The goals of the standards shall be to:

25(1) Emphasize the benefits of organ and tissue donation
26to the health and well-being of society generally and to
27individuals whose lives are saved by organ and tissue
28donations so that students will be motivated to make an
29affirmative decision to register as a donor when they become
30adults.

1(2) Fully address myths and misunderstandings regarding
2organ and tissue donation.

3(3) Explain the options available to minors and adults,
4including the option of designating oneself as an organ and
5tissue donor.

6(c) Materials.--The Department of Education shall make
7related instructional materials available to public and
8nonpublic schools educating students in grades nine through 12.
9The General Assembly shall encourage nonpublic schools to use
10the instructional materials. Nothing in this subsection shall be
11construed to require nonpublic schools to use the instructional
12materials.

13(d) Institutions of higher education.--

14(1) Beginning with the <-2013-2014 2014-2015 school year,
15each public institution of higher education in this
16Commonwealth shall provide, in collaboration with the
17designated organ procurement organizations, information to
18its students, either through student health services or as
19part of the curriculum, which:

20(i) emphasizes the benefits to the health and well-
21being of society and the lives that are saved through
22organ and tissue donations; and

23(ii) instills knowledge which will enable
24individuals to make informed decisions about registering
25to become an organ and tissue donor.

26(2) Beginning with the <-2013-2014 2015-2016 school year,
27each private institution of higher education in this
28Commonwealth is encouraged to provide, in collaboration with
29the designated organ procurement organizations, information
30to its students, either through student health services or as

1part of the curriculum, which:

2(i) emphasizes the benefits to the health and well-
3being of society and the lives that are saved through
4organ and tissue donations; and

5(ii) instills knowledge which will enable
6individuals to make informed decisions about registering
7to become an organ and tissue donor.

8§ 8629. Requirements for physician and nurse training relative
9to organ and tissue donation and recovery.

10(a) Regulations.--The State Board of Medicine, the State
11Board of Osteopathic Medicine and the State Board of Nursing
12shall, in collaboration with the designated organ procurement
13organizations, promulgate regulations stating the following
14requirements for physician and professional nurse training:

15(1) The curriculum in each college of medicine or
16osteopathy or educational program of professional nursing in
17this Commonwealth shall include two hours of instruction in
18organ and tissue donation and recovery designed to address
19clinical aspects of the donation and recovery process.

20(2) Successful completion of organ and tissue donation
21and recovery instruction under paragraph (1) shall be
22required as a condition of receiving the degree of doctor of
23medicine or doctor of osteopathy or a degree in professional
24nursing, in this Commonwealth.

25(3) A college of medicine or osteopathy or nursing
26program which includes instruction in organ and tissue
27donation and recovery under paragraph (1) in its curricula
28shall offer this training for continuing education credit.

29(b) Statement of policy.--The State Board of Medicine, the
30State Board of Osteopathic Medicine and the State Board of

1Nursing shall issue a statement of policy encouraging physicians
2and nurses who, prior to the effective date of this section,
3were not required to receive and did not receive instruction in
4organ and tissue donation and recovery as part of a medical,
5osteopathic or nursing school curriculum to complete the
6training within three years after the effective date of this
7section. The training may be completed through an online,
8credit-based course developed by or for the designated organ
9procurement organizations, in collaboration with representative
10professional medical, osteopathic and nursing organizations in
11this Commonwealth.

12§ 8630. Uniformity of application and construction.

13In applying and construing the provisions of this chapter,
14consideration shall be given to the need to promote uniformity
15of the law with respect to its subject matter among those states
16which enact a uniform act.

17§ 8631. Relation to Electronic Signatures in Global and
18National Commerce Act.

19This chapter modifies, limits and supersedes the Electronic
20Signatures in Global and National Commerce Act (Public Law 106-
21229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify,
22limit or supersede section 101(c) of the Electronic Signatures
23in Global and National Commerce Act or authorize electronic
24delivery of any of the notices described in section 103(b) of
25the Electronic Signatures in Global and National Commerce Act.

26Section 6. Subchapter C of Chapter 86 of Title 20 is
27repealed:

28[SUBCHAPTER C

29CORNEAL TRANSPLANTS

30Sec.

18641. Removal of corneal tissue permitted under certain
2circumstances.

38642. Limitation of liability.

4§ 8641. Removal of corneal tissue permitted under certain
5circumstances.

6(a) General rule.--On a request from an authorized official
7of an eye bank for corneal tissue, a coroner or medical examiner
8may permit the removal of corneal tissue if all of the following
9apply:

10(1) The decedent from whom the tissue is to be removed
11died under circumstances requiring an inquest.

12(2) The coroner or medical examiner has made a
13reasonable effort to contact persons listed in section 8611
14(relating to persons who may execute anatomical gift).

15(3) No objection by a person listed in section 8611 is
16known by the coroner or medical examiner.

17(4) The removal of the corneal tissue will not interfere
18with the subsequent course of an investigation or autopsy or
19alter the decedent's postmortem facial appearance.

20(b) Definition.--As used in this section, the term "eye 
21bank" means a nonprofit corporation chartered under the laws of
22this Commonwealth to obtain, store and distribute donor eyes to
23be used by physicians or surgeons for corneal transplants,
24research or other medical purposes and the medical activities of
25which are directed by a physician or surgeon in this
26Commonwealth.

27§ 8642. Limitation of liability.

28A person who acts in good faith in accordance with the
29provisions of this subchapter shall not be subject to criminal
30or civil liability arising from any action taken under this

1subchapter. The immunity provided by this section shall not
2extend to persons if damages result from the gross negligence,
3recklessness or intentional misconduct of the person.]

4Section 7. This act shall take effect <-in 60 days. as 
5follows:

6(1) The amendment of 75 Pa.C.S. § 8621 shall take effect
7immediately.

8(2) This section shall take effect immediately.

9(3) The remainder of this act shall take effect in 60
10days.