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PRINTER'S NO. 923
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
180
Session of
2017
INTRODUCED BY GREENLEAF, ARGALL, YAW, BREWSTER AND BOSCOLA,
JUNE 7, 2017
REFERRED TO JUDICIARY, JUNE 7, 2017
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in anatomical gifts,
further providing for definitions, for persons who may
execute anatomical gift, for persons who may become donees
and purposes for which anatomical gifts may be made, for
manner of executing anatomical gifts, for amendment or
revocation of gift, for rights and duties at death, for
requests for anatomical gifts, for use of driver's license or
identification card to indicate organ or tissue donation, for
The Governor Robert P. Casey Memorial Organ and Tissue
Donation Awareness Trust Fund contributions, for The Governor
Robert P. Casey Memorial Organ and Tissue Donation Awareness
Trust Fund, for confidentiality requirement and for
prohibited activities, providing for promotion of organ and
tissue donation, establishing the Donate Life PA Registry,
providing for facilitation of anatomical gift from decedent
whose death is under investigation, for collaboration among
departments and organ procurement organizations, for
information relative to organ and tissue donation, for
requirements for physician and nurse training relative to
organ and tissue donation and recovery, for uniformity of
application and construction, for relation to Electronic
Signatures in Global and National Commerce Act and for study
of organizations and repealing provisions relating to corneal
transplants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "advisory committee," "bank or
storage facility," "decedent," "fund" and "organ procurement
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organization" in section 8601 of Title 20 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding definitions to read:
§ 8601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Adult." An individual who is at least 18 years of age.
"Advance health care directive." As defined in section 5422
(relating to definitions).
"Advisory committee." The Organ and Tissue Donation Advisory
Committee established under section 8622 (relating to The
Governor Robert P. Casey Memorial Organ and Tissue Donation
Awareness Trust Fund).
"Agent." Any of the following:
(1) An individual authorized to make health care
decisions on a principal's behalf under Subchapter C of
Chapter 54 (relating to health care agents and
representatives).
(2) An individual expressly authorized to make an
anatomical gift on a principal's behalf by any other record
signed by the principal .
"Anatomical gift." A donation of all or part of a human body
to take effect after the donor's death for the purpose of
transplantation, therapy, research or education.
["Bank or storage facility." A facility licensed, accredited
or approved under the laws of any state for storage of human
bodies or parts thereof.]
* * *
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"Decedent." [A deceased individual, including a stillborn
infant or fetus.] A deceased individual whose body or part is or
may be the source of an anatomical gift. The term includes a
stillborn infant and, subject to restrictions imposed by other
laws, a fetus. The term does not include a blastocyst, embryo or
fetus that is the subject of an induced abortion.
"Document of gift." A donor card or other record used to
make, amend or revoke an anatomical gift. The term includes a
statement or symbol on a driver's license or identification card
or in a donor registry.
"Donate Life PA Registry." That subset of persons in the
Department of Transportation's driver's license and photo
identification card database who have elected to include the
donor designation on their record. This term shall not refer to
a separate database.
* * *
"Donor registry." A database which contains records of
anatomical gifts. The term includes the Donate Life PA Registry.
"Eye bank." A person that is licensed, accredited or
regulated under Federal or State law to engage in the recovery,
screening, testing, processing, storage or distribution of human
eyes or portions of human eyes.
"Fund." The Governor Robert P. Casey Memorial Organ and
Tissue Donation Awareness Trust Fund established under section
8622 [(relating to The Governor Robert P. Casey Memorial Organ
and Tissue Donation Awareness Trust Fund)].
* * *
"Hospital administrator." An individual appointed by a
hospital's governing body to act on its behalf in the overall
management of the hospital. The term includes a designee of the
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individual.
"Know." To have actual knowledge. When the word "known" is
used as an adjective to modify a term, the meaning is that there
is actual knowledge about the modified term.
"Minor." An individual who is under 18 years of age.
"Organ." A human organ as defined in 42 CFR 121.2 (relating
to definitions).
"Organ procurement organization." An organization [that
meets the requirements of section 371 of the Public Health
Service Act (58 Stat. 682, 42 U.S.C. § 273).] designated for the
region by the United States Secretary of Health and Human
Services as an organ procurement organization.
* * *
"Person authorized or obligated to dispose of a decedent's
body." Any of the following, without regard to order of
priority:
(1) A coroner or medical examiner having jurisdiction
over the decedent's body.
(2) A warden or director of a correctional facility
where the decedent was incarcerated.
(3) An administrator or official of a social service
agency having a relationship with the decedent.
(4) An individual or official of an entity that:
(i) is authorized to make decisions with respect to
the disposition, transportation, transfer, burial or
cremation of a decedent;
(ii) is under an obligation to make decisions with
respect to the disposition, transportation, transfer,
burial or cremation of a decedent; or
(iii) voluntarily assumes responsibility for
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decisions with respect to the disposition,
transportation, transfer, burial or cremation of a
decedent.
* * *
"Procurement organization." An organ procurement
organization, eye bank or tissue bank.
"Program coordinator." The Organ and Tissue Donation
Awareness Program Coordinator established in section 8622.
"Prospective donor." A person who is dead or whose death is
imminent and has been determined by a procurement organization
to have a part that could be medically suitable for
transplantation, therapy, research or education.
"Reasonably available." Able to be contacted by a
procurement organization with reasonable effort and willing and
able to exercise the decision to refuse or to authorize
anatomical donation in a timely manner consistent with existing
medical criteria necessary to make an anatomical gift.
"Recipient." An individual into whose body a decedent's part
has been or is intended to be transplanted.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
* * *
"Tissue." A portion of the human body other than an organ or
an eye. The term does not include blood, unless the blood is
donated for the purpose of research or education.
"Tissue bank." A person that is licensed, accredited or
regulated under Federal or State law to engage in the recovery,
screening, testing, processing, storage or distribution of
tissue.
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* * *
Section 2. Section 8611(a), (b) and (c) of Title 20 are
amended and the section is amended by adding a subsection to
read:
§ 8611. Persons who may execute anatomical gift.
(a) General rule.--Any individual of sound mind and 18 years
of age or more may give all or any part of his body for any
purpose specified in section 8612 (relating to persons who may
become donees; purposes for which anatomical gifts may be made),
the gift to take effect upon death. [Any] An agent [acting under
a power of attorney which authorizes the agent to make
anatomical gifts] may effectuate a gift for any purpose
specified in section 8612. Any individual who is a minor and 16
years of age or older may effectuate a gift for any purpose
specified in section 8612, provided parental or guardian consent
is deemed given. Parental or guardian consent shall be noted on
the minor's donor card, application for the donor's learner's
permit or driver's license or other document of gift. A gift of
the whole body shall be invalid unless made in writing at least
15 days prior to the date of death or consent is obtained from
the legal next of kin. Where there are adult children of the
deceased who are not children of the surviving spouse, their
consent shall also be required for a gift of the whole body for
anatomical study.
(b) [Others entitled] Entitled to donate anatomy of
decedent.--Any of the following persons who are reasonably
available, in order of priority stated, when persons in prior
classes are not reasonably available at the time of death, and
in the absence of [actual notice of contrary indications] known
objections by the decedent or [actual notice of opposition] by a
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member of [the same or] a prior class, may give all or any part
of the decedent's body for any purpose specified in section
8612:
[(1) The spouse.
(2) An adult son or daughter.
(3) Either parent.
(4) An adult brother or sister.
(5) A guardian of the person of the decedent at the time
of his death.
(6) Any other person authorized or under obligation to
dispose of the body.]
(1) An agent of the decedent at the time of death who
could have made an anatomical gift under subsection (a).
(2) The spouse of the decedent, unless an action for
divorce is pending.
(3) An adult child of the decedent.
(4) A parent of the decedent.
(5) An adult sibling of the decedent.
(6) A guardian of the person of the decedent.
(7) An adult grandchild of the decedent.
(8) A grandparent of the decedent.
(9) Any other person related to the decedent by blood,
marriage or adoption or a person with an established
relationship with, and who exhibited special care and concern
for, the decedent.
(10) A person authorized or obligated to dispose of the
decedent's body.
(b.1) Anatomical gift prohibited.--An individual shall be
excluded from the classes listed in subsection (b) if, before an
incision has been made to remove a part from the prospective
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donor's body or before invasive procedures have begun to prepare
an intended recipient, any of the following apply:
(1) The district attorney notifies the organ procurement
organization that the individual is a suspect or person of
interest in causing the disease, illness, injury or condition
of the prospective donor.
(2) The district attorney or a law enforcement officer
notifies the organ procurement organization that the
individual is the subject of a protection from abuse or any
similar order from a court that was issued to the prospective
donor.
(3) The district attorney or a law enforcement officer
notifies the organ procurement organization that the
individual has actually been arrested or detained in
connection with the condition of the prospective donor.
(c) Donee not to accept in certain cases.--[If the]
(1) The donee may not accept a gift under any of the
following circumstances:
(i) The donee [has actual notice of contrary
indications] knows of an objection by the decedent [or].
(ii) The donee knows that a gift by a member of a
class is opposed by a reasonably available member of [the
same or] a prior class[, the donee shall not accept the
gift].
(iii) The donee knows that a gift by a member of a
class is opposed by at least 50% of the reasonably
available members of the same class.
(2) The persons authorized by subsection (b) may make
the gift after or immediately before death.
* * *
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Section 3. Section 8612 of Title 20 is amended to read:
§ 8612. Persons who may become donees; purposes for which
anatomical gifts may be made.
[The following persons may become donees of gifts of bodies
or parts thereof for any of the purposes stated:
(1) Any hospital, surgeon or physician for medical or
dental education, research, advancement of medical or dental
science, therapy or transplantation.
(2) Any accredited medical or dental school, college or
university for education, research, advancement of medical or
dental science or therapy.
(3) Any bank or storage facility for medical or dental
education, research, advancement of medical or dental
science, therapy or transplantation.
(4) Any specified individual for therapy or
transplantation needed by him.
(5) The board.]
(a) Donees.--An anatomical gift may be made to any of the
following persons named in the document of gift:
(1) If for research or education, any of the following:
(i) A hospital.
(ii) An accredited medical school, dental school,
college or university.
(iii) The board.
(iv) An organ procurement organization.
(v) Any other appropriate person as permitted by
law.
(2) Subject to subsection (b), an individual designated
by the person making the anatomical gift if the individual is
the recipient of the part.
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(3) A procurement organization.
(b) Directed donation.--If an anatomical gift to an
individual under subsection (a)(2) cannot be transplanted into
the individual, the part shall pass in accordance with
subsection (c) if authorized by the person making the anatomical
gift.
(c) Organ for transplant or therapy.--An anatomical gift of
an organ for transplantation or therapy, other than an
anatomical gift under subsection (a)(2), shall pass to the organ
procurement organization.
(d) Default.--If the intended purpose or recipient of an
anatomical gift is not known, the following shall apply:
(1) If the part is an eye, the gift shall pass to the
appropriate eye bank.
(2) If the part is tissue, the gift shall pass to the
appropriate tissue bank.
(3) If the part is an organ, the gift shall pass to the
appropriate organ procurement organization.
(4) If the gift is of the decedent's entire body, the
gift shall pass to the board.
(e) Multiple purposes.--If there is more than one purpose of
an anatomical gift set forth in the document of gift but the
purposes are not set forth in any priority, the gift shall be
used for transplantation or therapy, if suitable and enumerated
in the document of gift, and shall pass to the appropriate
procurement organization. If the gift cannot be used for
transplantation or therapy, the gift may be used for other
lawful purposes enumerated in the document of gift .
(f) Unspecified purpose.--If an anatomical gift is made in a
document of gift that does not name a person described in
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subsection (a) and does not identify the purpose of the gift,
the gift may be used only for transplantation or therapy, and
the gift shall pass in accordance with subsection (d).
(g) Effect of gift.--An anatomical gift of a part is neither
a refusal to give another part nor a limitation on the making of
an anatomical gift of another part or making an anatomical gift
for another purpose at a later time by the donor or another
person.
Section 4. Section 8613(b), (d) and (e) of Title 20 are
amended and the section is amended by adding subsections to
read:
§ 8613. Manner of executing anatomical gifts.
* * *
(b) Gifts by other documents.--[A gift of all or part of the
body under section 8611(a) may also be made by document other
than a will.] An anatomical gift may be made by other document,
including by authorizing a statement or symbol indicating that
the donor has made an anatomical gift, which shall be recorded
in a donor registry or on the donor's driver's license or
identification card. The gift becomes effective upon the death
of the donor. The document, which may be a card designed to be
carried on the person, must be signed by the donor [in the
presence of two witnesses who must sign the document in his
presence]. If the donor is mentally competent to signify his
desire to sign the document but is physically unable to do so,
the document may be signed for him by another at his direction
and in his presence in the presence of two witnesses who must
sign the document in his presence. Delivery of the document of
gift during the donor's lifetime is not necessary to make the
gift valid. If an anatomical gift is indicated on a driver's
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license or an identification card, the anatomical gift is not
invalidated by revocation, suspension, expiration or
cancellation of:
(1) the driver's license under 75 Pa.C.S. Ch. 15
(relating to licensing of drivers); or
(2) the identification card by the Department of
Transportation.
* * *
[(d) Designation of person to carry out procedures.--
Notwithstanding section 8616(b) (relating to rights and duties
at death), the donor may designate in his will, card or other
document of gift the surgeon or physician to carry out the
appropriate procedures. In the absence of a designation or if
the designee is not available, the donee or other person
authorized to accept the gift may employ or authorize any
surgeon or physician for the purpose, or, in the case of a gift
of eyes, he may employ or authorize a person who is a funeral
director licensed by the State Board of Funeral Directors, an
eye bank technician or medical student, if the person has
successfully completed a course in eye enucleation approved by
the State Board of Medical Education and Licensure, or an eye
bank technician or medical student trained under a program in
the sterile technique for eye enucleation approved by the State
Board of Medical Education and Licensure to enucleate eyes for
an eye bank for the gift after certification of death by a
physician. A qualified funeral director, eye bank technician or
medical student acting in accordance with the terms of this
subsection shall not have any liability, civil or criminal, for
the eye enucleation.]
(d.1) Reliance.--A person may rely on a document of gift or
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amendment thereto as being valid unless that person knows that
it was not validly executed or was revoked.
(e) Consent not necessary.--[If a donor card, donor driver's
license, living will, durable power of attorney or other
document of gift evidencing a gift of organs or tissue has been
executed,] A donor's gift of all or any part of the individual's
body, including a designation in a registry on a driver's
license or identification card, donor card, advance health care
directive, will or other document of gift, may not be revoked by
the next-of-kin or other persons identified in section 8611(b).
The consent of any person [designated in section 8611(b)] at the
time of the donor's death or immediately thereafter is not
necessary to render the gift valid and effective.
* * *
(g) Validity.--A document of gift is valid if executed in
accordance with:
(1) this chapter;
(2) the law of the state or country where it was
executed; or
(3) the law of the state or country where, at the time
of execution of the document of gift, the person making the
anatomical gift:
(i) is domiciled;
(ii) has a place of residence; or
(iii) is a citizen.
(h) Choice of law.--If a document of gift is valid under
this section, the law of this Commonwealth governs
interpretation of the document.
(i) Refusals.--An individual may refuse to make an
anatomical gift of the individual's body or part by a writing or
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record signed in the same manner as a document of gift or any
other writing or record used to identify the individual as
refusing to make an anatomical gift. An individual's unrevoked
refusal to make an anatomical gift of the individual's body or
part bars all other persons from making an anatomical gift of
the individual's body or part.
Section 5. Section 8615 of Title 20 is amended by adding
subsections to read:
§ 8615. Amendment or revocation of gift.
* * *
(d) Effectiveness of revocation.--A revocation made under
this chapter shall take effect if, before an incision has been
made to remove a part from the donor's body or before invasive
procedures have begun to prepare the recipient, the applicable
procurement organization, transplant hospital or physician or
technician knows of the revocation.
(e) Revocation not a refusal.--A revocation made under this
chapter shall not be considered a known objection or refusal to
make a gift of one's body or a part of one's body nor a
prohibition against a person described in section 8611(b)
(relating to persons who may execute anatomical gift) making
such gift.
Section 6. Sections 8616(b), (c) and (d), 8617, 8619, 8621,
8622, 8623 and 8624 of Title 20 are amended to read:
§ 8616. Rights and duties at death.
* * *
(b) Physicians.--The time of death shall be determined by a
physician who tends the donor at his death or, if none, the
physician who certifies the death. [The physician or person who
certifies death or any of his professional partners or
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associates shall not participate in the procedures for removing
or transplanting a part.]
(c) Certain liability limited.--A person who acts in good
faith in accordance with the terms of this subchapter or with
the anatomical gift laws of another state or a foreign country
is not liable for damages in any civil action or subject to
prosecution in any criminal proceeding for his act. A person
making an anatomical gift or a donor's estate shall not be
liable for injury or damage which results from the making or use
of the anatomical gift. In determining whether an anatomical
gift has been made, amended or revoked under this chapter, a
person may rely upon representations of an individual listed in
section 8611(b) relating to the individual's relationship to the
donor or prospective donor unless the person knows that the
representation is untrue.
(d) Law on autopsies applicable.--The provisions of this
subchapter are subject to the laws of this Commonwealth
prescribing powers and duties with respect to autopsies.
Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history
record information), a procurement organization is authorized to
obtain a copy of an autopsy report in a timely fashion upon
request and payment of reasonable copying fees.
§ 8617. Requests for anatomical gifts.
[(a) Procedure.--On or before the occurrence of each death
in an acute care general hospital, the hospital shall make
contact with the regional organ procurement organization in
order to determine the suitability for organ, tissue and eye
donation for any purpose specified under this subchapter. This
contact and the disposition shall be noted on the patient's
medical record.
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(b) Limitation.--If the hospital administrator or his
designee has received actual notice of opposition from any of
the persons named in section 8611(b) (relating to persons who
may execute anatomical gift) and the decedent was not in
possession of a validly executed donor card, the gift of all or
any part of the decedent's body shall not be requested.
(c) Donor card.--Notwithstanding any provision of law to the
contrary, the intent of a decedent to participate in an organ
donor program as evidenced by the possession of a validly
executed donor card, donor driver's license, living will,
durable power of attorney or other document of gift shall not be
revoked by any member of any of the classes specified in section
8611(b).
(d) Identification of potential donors.--Each acute care
general hospital shall develop within one year of the date of
final enactment of this section, with the concurrence of the
hospital medical staff, a protocol for identifying potential
organ and tissue donors. It shall require that, at or near the
time of every individual death, all acute care general hospitals
contact by telephone their regional organ procurement
organization to determine suitability for organ, tissue and eye
donation of the individual in question. The person designated by
the acute care general hospital to contact the organ procurement
organization shall have the following information available
prior to making the contact:
(1) The patient's identifier number.
(2) The patient's age.
(3) The cause of death.
(4) Any past medical history available.
The organ procurement organization, in consultation with the
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patient's attending physician or his designee, shall determine
the suitability for donation. If the organ procurement
organization in consultation with the patient's attending
physician or his designee determines that donation is not
appropriate based on established medical criteria, this shall be
noted by hospital personnel on the patient's record, and no
further action is necessary. If the organ procurement
organization in consultation with the patient's attending
physician or his designee determines that the patient is a
suitable candidate for anatomical donation, the acute care
general hospital shall initiate a request by informing the
persons and following the procedure designated under section
8611(b) of the option to donate organs, tissues or eyes. The
person initiating the request shall be an organ procurement
organization representative or a designated requestor. The organ
procurement organization representative or designated requestor
shall ask persons pursuant to section 8611(b) whether the
deceased was an organ donor. If the person designated under
section 8611(b) does not know, then this person shall be
informed of the option to donate organs and tissues. The
protocol shall encourage discretion and sensitivity to family
circumstances in all discussions regarding donations of tissue
or organs. The protocol shall take into account the deceased
individual's religious beliefs or nonsuitability for organ and
tissue donation.
(e) Tissue procurement.--
(1) The first priority use for all tissue shall be
transplantation.
(2) Upon Department of Health approval of guidelines
pursuant to subsection (f)(1)(ii), all acute care general
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hospitals shall select at least one tissue procurement
provider. A hospital shall notify the regional organ
procurement organization of its choice of tissue procurement
providers. If a hospital chooses more than one tissue
procurement provider, it may specify a rotation of referrals
by the organ procurement organization to the designated
tissue procurement providers.
(3) Until the Department of Health has approved
guidelines pursuant to subsection (f)(1)(ii), tissue
referrals at each hospital shall be rotated in a proportion
equal to the average rate of donors recovered among the
tissue procurement providers at that hospital during the two-
year period ending August 31, 1994.
(4) The regional organ procurement organization, with
the assistance of tissue procurement providers, shall submit
an annual report to the General Assembly on the following:
(i) The number of tissue donors.
(ii) The number of tissue procurements for
transplantation.
(iii) The number of tissue procurements recovered
for research by each tissue procurement provider
operating in this Commonwealth.
(f) Guidelines.--
(1) The Department of Health, in consultation with organ
procurement organizations, tissue procurement providers and
the Hospital Association of Pennsylvania, donor recipients
and family appointed pursuant to section 8622(c)(3) (relating
to The Governor Robert P. Casey Memorial Organ and Tissue
Donation Awareness Trust Fund) shall, within six months of
the effective date of this chapter, do all of the following:
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(i) Establish guidelines regarding efficient
procedures facilitating the delivery of anatomical gift
donations from receiving hospitals to procurement
providers.
(ii) Develop guidelines to assist hospitals in the
selection and designation of tissue procurement
providers.
(2) Each organ procurement organization and each tissue
procurement provider operating within this Commonwealth
shall, within six months of the effective date of this
chapter, file with the Department of Health, for public
review, its operating protocols.]
(a) Procedure.--
(1) A hospital located in this Commonwealth shall notify
the applicable designated organ procurement organization or a
third party designated by that organization of an individual
whose death is imminent or who has died in the hospital.
Notification shall be made in a timely manner to ensure that
examination, evaluation and ascertainment of donor status as
set forth in subsection (d) can be completed within a time
frame compatible with the donation of organs and tissues for
transplant. The notification shall be made without regard to
whether the person has executed an advance directive for
health care.
(2) The following shall apply to coroners and medical
examiners:
(i) Except as set forth in subparagraph (ii), a
coroner or medical examiner shall notify the applicable
designated organ procurement organization of a person's
death in accordance with a mutually agreed-upon protocol.
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Notification shall be made in a timely manner to ensure
that examination, evaluation and ascertainment of donor
status as set forth in subsection (d) can be completed
within a time frame compatible with the recovery of
tissues for transplant.
(ii) Notification under this paragraph shall not be
made if:
(A) the decedent was admitted to the hospital at
or around the time of death; or
(B) the notification to the coroner or medical
examiner occurred more than 18 hours following the
estimated time of the decedent's death.
(b) Referrals.--If an organ procurement organization
receives a referral of an individual whose death is imminent or
who has died, the organ procurement organization shall make a
reasonable search of the records of the Donate Life PA Registry
or the applicable State donor registry that it knows exists for
the geographic area in which the individual resided or resides
in order to ascertain whether the individual has made an
anatomical gift.
(c) Document of gift.--
(1) If the referred patient has a document of gift,
including registration with the Donate Life PA Registry, the
procurement organization representative or the designated
requestor shall attempt to notify a person listed in section
8611(b) (relating to persons who may execute anatomical gift)
of the gift.
(2) If no document of gift is known to the procurement
organization representative or the designated requestor, one
of these two individuals shall ask the persons listed in
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section 8611(b) whether the decedent had a validly executed
document of gift. If there is no evidence of an anatomical
gift by the decedent, the procurement organization
representative or the designated requestor shall notify a
person listed in section 8611(b) of the option to donate
organs and tissues. The notification shall be performed in
accordance with a protocol that encourages discretion and
sensitivity to family circumstances in all discussions
regarding donations of tissue or organs. The protocol shall
take into account the deceased's religious beliefs or
nonsuitability for organ and tissue donation.
(3) The hospital administrator or that person's
designated representative shall indicate in the medical
record of the decedent:
(i) whether or not a document of gift is known to
exist or whether a gift was made; and
(ii) if a gift was made, the name of the person
granting the gift and that person's relationship to the
decedent.
(d) Testing.--
(1) This subsection shall apply if:
(i) a hospital refers an individual who is dead or
whose death is imminent to an organ procurement
organization; and
(ii) the organ procurement organization determines,
based upon a medical record review, that the individual
may be a prospective donor.
(2) If the requirements of paragraph (1) are met, the
following shall apply:
(i) The organ procurement organization may conduct a
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blood or tissue test or minimally invasive examination
which is reasonably necessary to evaluate the medical
suitability of a part that is or may be the subject of an
anatomical gift. Specific consent to testing or
examination under this subparagraph shall not be
required. The results of tests and examinations under
this subparagraph shall be used or disclosed only:
(A) to evaluate medical suitability for donation
and to facilitate the donation process; and
(B) as required or permitted by law.
(ii) The hospital may not withdraw or withhold any
measures which are necessary to maintain the medical
suitability of the part until the organ procurement
organization has:
(A) had the opportunity to advise the applicable
persons as set forth in section 8611(b) of the option
to make an anatomical gift and has received or been
denied authorization to proceed with recovery of the
part; or
(B) ascertained that the individual made a gift
or expressed a known objection to making a gift .
(e) Testing after death.--After a donor's death, a person to
whom an anatomical gift may pass under section 8612 (relating to
persons who may become donees; purposes for which anatomical
gifts may be made) may conduct a test or examination which is
reasonably necessary to evaluate the medical suitability of the
body or part for its intended purpose.
(f) Scope.--An examination conducted under this section may
include copying of records necessary to determine the medical
suitability of the body or part. This subsection includes
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medical, dental and other health-related records.
(f.1) Recipients.--
(1) Subject to the provisions of this chapter, the
rights of the person to whom a part passes under section 8612
shall be superior to the rights of all others with respect to
the part. The person may accept or reject an anatomical gift
in whole or in part.
(2) Subject to the terms of the document of gift and
this chapter, a person that accepts an anatomical gift of an
entire body may allow embalming, burial or cremation and the
use of remains in a funeral service. If the gift is of a
part, the person to whom the part passes under section 8612,
upon the death of the donor and before embalming, burial or
cremation, shall cause the part to be removed without
unnecessary mutilation.
(f.2) Physicians.--
(1) Neither the physician who attends the decedent at
death nor the physician who determines the time of the
decedent's death may participate in the procedures for
removing or transplanting a part from the decedent.
(2) Subject to paragraph (1), a physician or technician
may remove a donated part from the body of a donor that the
physician or technician is qualified to remove.
(f.3) Coordination of procurement and use.--
(1) A hospital shall enter into agreements or
affiliations with organ procurement organizations for
coordination of procurement and use of anatomical gifts.
(2) A person, including a coroner or medical examiner,
that seeks to facilitate the making of an anatomical gift for
the purposes of transplantation or therapy from a decedent
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who was not a hospital patient at the time of death shall
notify the applicable designated organ procurement
organization at or around the time of the person's death in
order to allow that organization to evaluate the potential
donation and, if applicable, coordinate the donation process.
(g) Death record review.--
(1) The Department of Health shall make annual death
record reviews at acute care general hospitals to determine
their compliance with subsection (d).
(2) To conduct a review of an acute care general
hospital, the following apply:
(i) The [Department of Health] department shall
select to carry out the review the Commonwealth-licensed
organ procurement organization designated by the [Health
Care Financing Administration] Centers for Medicare and
Medicaid Services for the region within which the acute
care general hospital is located. For an organ
procurement organization to be selected under this
subparagraph, the organization must not operate nor have
an ownership interest in an entity which provides all of
the functions of a tissue procurement provider.
(ii) If there is no valid selection under
subparagraph (i) or if the organization selected under
subparagraph (i) is unwilling to carry out the review,
the department shall select to carry out the review any
other Commonwealth-licensed organ procurement
organization. For an organ procurement organization to be
selected under this subparagraph, the organization must
not operate nor have an ownership interest in an entity
which provides all of the functions of a tissue
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procurement provider.
(iii) If there is no valid selection under
subparagraph (ii) or if the organization selected under
subparagraph (ii) is unwilling to carry out the review,
the department shall carry out the review using trained
department personnel.
(3) There shall be no cost assessed against a hospital
for a review under this subsection.
(4) If the department finds, on the basis of a review
under this subsection, that a hospital is not in compliance
with subsection (d), the department may impose an
administrative fine of up to $500 for each instance of
noncompliance. A fine under this paragraph is subject to 2
Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and Ch. 7 Subch. A (relating to
judicial review of Commonwealth agency action). Fines
collected under this paragraph shall be deposited into the
fund.
(5) An organ procurement organization may, upon request
and payment of associated fees, obtain certified copies of
death records of a donor from the Division of Vital Records
of the department.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Designated requestor." A hospital employee completing a
course offered by [an] a designated organ procurement
organization on how to approach potential donor families and
request organ or tissue donation.
"Noncompliance." Any failure on the part of a hospital to
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contact an organ procurement organization as required under
subsection (d).
§ 8619. Use of driver's license or identification card to
indicate organ or tissue donation.
(a) General rule.--The Department of Transportation shall
redesign the driver's license and identification card
application system to process requests for information regarding
consent of the individual to organ or tissue donation. The
following question shall be asked on both the application for a
driver's license or identification card and on the organ donor
designation at a photo center:
Pennsylvania strongly supports organ and tissue donation
because of its life-saving and life-enhancing
opportunities.
Do you wish to have the organ donor designation printed
on your driver's license?
Only an affirmative response of an individual shall be noted on
the front of the driver's license or identification card and
shall clearly indicate the individual's intent to donate his
organs or tissue. A notation on an individual's driver's license
or identification card that he intends to donate his organs or
tissue is deemed sufficient to satisfy all requirements for
consent to organ or tissue donation. The department shall record
and store all donor designations in the Donate Life PA Registry.
The recorded and stored designation is sufficient to satisfy all
requirements for consent to organ and tissue donation. The
recorded and stored designation is not a public record subject
to disclosure as defined in section 102 of the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(b) Electronic access.--The organ procurement organizations
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designated by the Federal Government in the Commonwealth of
Pennsylvania as part of the nationwide organ procurement network
[may] shall be given 24-hour-a-day electronic access to
information necessary to confirm an individual's organ donor
status through the Department of Transportation's driver
licensing database. Necessary information shall include the
individual's name, address, date of birth, driver's license
number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114
(relating to limitation on sale, publication and disclosure of
records), the Department of Transportation is authorized to
provide the organ procurement organizations, after a written
agreement between the Department of Transportation and the organ
procurement organizations is first obtained, with the foregoing
information. The organ procurement organization shall not use
such information for any purpose other than to confirm an
individual's organ donor status at or near or after an
individual's death. The organ procurement organizations shall
not be assessed the fee for such information prescribed by 75
Pa.C.S. § 1955(a) (relating to information concerning drivers
and vehicles).
§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
Donation Awareness Trust Fund contributions.
(a) Driver's license.--
(1) Beginning as soon as practicable, but no later than
[January 1, 1995] 10 months after the effective date of this
paragraph, the Department of Transportation shall provide an
applicant for an original or renewal driver's license or
identification card the opportunity to make a contribution of
[$1] $3 to the fund. The contribution shall be added to the
regular fee for an original or renewal driver's license or
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identification card. One contribution may be made for each
issuance or renewal of a license or identification card.
Contributions shall be used exclusively for the purposes set
out in section 8622 (relating to The Governor Robert P. Casey
Memorial Organ and Tissue Donation Awareness Trust Fund).
(2) The Department of Transportation shall monthly
determine the total amount designated under this section and
shall report that amount to the State Treasurer, who shall
transfer that amount to [The Governor Robert P. Casey
Memorial Organ and Tissue Donation Awareness Trust Fund] the
fund.
(3) The fund shall reimburse the Department of
Transportation for the costs incurred in the initial
development and implementation of the contribution program,
as well as any additional costs that may arise from changes
that are agreed to by both the department and the Organ and
Tissue Donation Advisory Committee.
(b) Vehicle registration.--[The]
(1) Beginning as soon as practicable, but no later than
10 months after the effective date of this paragraph, the
Department of Transportation shall provide an applicant for a
renewal vehicle registration the opportunity to make a
contribution of [$1] $3 to [The Governor Robert P. Casey
Memorial Organ and Tissue Donation Awareness Trust Fund] the
fund. The contribution shall be added to the regular fee for
a renewal of a vehicle registration. One contribution may be
made for each renewal vehicle registration. Contributions
shall be used exclusively for the purposes described in
section 8622.
(2) The Department of Transportation shall monthly
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determine the total amount designated under this section and
shall report that amount to the State Treasurer, who shall
transfer that amount to [The Governor Robert P. Casey
Memorial Organ and Tissue Donation Awareness Trust Fund] the
fund.
(3) The [Governor Robert P. Casey Memorial Organ and
Tissue Donation Awareness Trust Fund] fund shall reimburse
the department for the initial costs incurred in the
development and implementation of the contribution program
[under this subsection.], as well as any additional costs
that may arise from changes that are agreed to by both the
department and the Organ and Tissue Donation Advisory
Committee.
(4) The General Fund shall reimburse the Department of
Transportation for the actual annual operating costs of the
program for vehicle registrations as described in this
subsection [subject to the following limits: For the first
fiscal year during which this subsection is effective, the
General Fund shall reimburse the Department of Transportation
for the actual operating costs of the program in this
subsection up to a maximum of $100,000. For each fiscal year
thereafter, the General Fund shall reimburse the Department
of Transportation for the actual operating costs of the
program in this subsection in an amount not to exceed the
prior year's actual operating costs on a full fiscal year
basis plus 3%. The amounts approved by the Governor as
necessary are hereby appropriated from the General Fund for
this purpose].
(c) Internet website.--Within one year of the effective date
of this subsection, the official Internet website of the
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department shall provide links through which individuals may
make voluntary contributions of at least $1 to the fund,
electronically. The links shall be provided at least in
connection with the issuance of driver's licenses, personal
identification cards and registration of motor vehicles.
§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
Donation Awareness Trust Fund.
(a) Establishment.--All contributions received by the
Department of Transportation under section 8621 (relating to The
Governor Robert P. Casey Memorial Organ and Tissue Donation
Awareness Trust Fund contributions) [and the Department of
Revenue under section 8618 (relating to voluntary contribution
system)] and the Department of Health under section 8617
(relating to requests for anatomical gifts) shall be deposited
into a special fund in the State Treasury to be known as The
Governor Robert P. Casey Memorial Organ and Tissue Donation
Awareness Trust Fund, which is hereby established.
(b) Appropriation.--All [moneys] money deposited in the fund
and interest which accrues from [those funds are] the money in
the fund is appropriated on a continuing basis subject to the
approval of the Governor to compensate the Department of
Transportation, the Department of Health and the Department of
Revenue for actual costs related to implementation of this
chapter, including all costs of the Organ and Tissue Donation
Advisory Committee created in subsection [(c)] (c.1). Any
remaining [funds are] money is appropriated subject to the
approval of the Governor for the following purposes:
(1) [10%] Ten percent of the total fund may be expended
annually by the Department of Health for reasonable hospital
and other medical expenses, funeral expenses and incidental
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expenses incurred by the donor or donor's family in
connection with making [a vital organ donation.] an organ or
tissue donation, along with programming, to provide support
services to organ and tissue donors and their families, such
as bereavement counseling services. Such expenditures shall
not exceed $3,000 per donor and shall only be made directly
to the funeral home, hospital or other service provider
related to the donation. No part of the fund shall be
transferred directly to the donor's family, next of kin or
estate. The advisory committee shall develop procedures,
including the development of a pilot program, necessary for
effectuating the purposes of this paragraph.
(2) [50%] Fifty percent may be expended for grants to
certified organ procurement organizations for the development
and implementation of organ donation awareness programs in
this Commonwealth. The Department of Health shall develop and
administer this grant program, which is hereby established.
(3) [15%] Fifteen percent may be expended by the
Department of Health, in cooperation with certified organ
procurement organizations, for the Project-Make-A-Choice
program, which shall include information pamphlets designed
by the Department of Health relating to organ donor awareness
and the laws regarding organ donation, public information and
public education about contributing to the fund when
obtaining or renewing a driver's license and when completing
a State individual income tax return form.
(4) [25%] Twenty-five percent may be expended by the
Department of Education for the implementation of organ
donation awareness programs in the secondary schools in this
Commonwealth.
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[(c) Advisory committee.--The Organ Donation Advisory
Committee is hereby established, with membership as follows:
(1) Two representatives of organ procurement
organizations.
(2) Two representatives of tissue procurement providers.
(3) Six members representative of organ, tissue and eye
recipients, families of recipients and families of donors.
(4) Three representatives of acute care hospitals.
(5) One representative of the Department of Health.
(6) One representative of eye banks.
All members shall be appointed by the Governor. Appointments
shall be made in a manner that provides representation of the
northwest, north central, northeast, southwest, south central
and southeast regions of this Commonwealth. Members shall serve
five-year terms. The Governor may reappoint advisory committee
members for successive terms. Members of the advisory committee
shall remain in office until a successor is appointed and
qualified. If vacancies occur prior to completion of a term, the
Governor shall appoint another member in accordance with this
subsection to fill the unexpired term. The advisory committee
shall meet at least biannually to review progress in the area of
organ and tissue donation in this Commonwealth, recommend
education and awareness training programs, recommend priorities
in expenditures from the fund and advise the Secretary of Health
on matters relating to administration of the fund. The advisory
committee shall recommend legislation as it deems necessary to
fulfill the purposes of this chapter. The advisory committee
shall submit a report concerning its activities and progress to
the General Assembly within 30 days prior to the expiration of
each legislative session. The Department of Health shall
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reimburse members of the advisory committee for all necessary
and reasonable travel and other expenses incurred in the
performance of their duties under this section.]
(c.1) Advisory committee.--
(1) The Organ and Tissue Donation Advisory Committee is
established. Membership shall be as follows:
(i) The Secretary of Education or a designee.
(ii) The Secretary of Health or a designee.
(iii) The Secretary of Transportation or a designee.
(iv) One representative from each designated organ
procurement organization.
(v) Two representatives of tissue procurement
providers.
(vi) Six members representative of:
(A) organ, tissue and eye recipients;
(B) families of recipients;
(C) donors; and
(D) families of donors.
(vii) Two representatives of acute care hospitals
which are:
(A) licensed in this Commonwealth; and
(B) members of the Statewide association
representing the interests of hospitals throughout
this Commonwealth.
(viii) One representative of eye banks.
(ix) One representative of community health
organizations.
(x) One elected county coroner of this Commonwealth.
(xi) The Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the
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House of Representatives or their designees.
(2) A member under paragraph (1)(i), (ii) and (iii)
shall serve ex officio.
(3) For a member under paragraph (1)(iv), (v), (vi),
(vii), (viii) , (ix) and (x) , the following apply:
(i) Members shall be appointed in a manner which
reflects geographic diversity. Input on the selection of
the representatives under paragraph (1)(vii) shall be
sought from the Statewide association referred to in
paragraph (1)(vii)(B).
(ii) The members shall serve five-year terms.
(iii) The Governor may reappoint an advisory
committee member for successive terms.
(iv) A member shall remain in office until a
successor is appointed and qualified.
(v) If a vacancy occurs prior to completion of a
term, the Governor shall appoint a member to fill the
unexpired term in the same manner as the vacating member
was appointed.
(4) The advisory committee shall meet at least
biannually to do all of the following:
(i) Review progress in the area of organ and tissue
donation in this Commonwealth.
(ii) Recommend education and awareness training
programs.
(iii) Recommend priorities in expenditures from the
fund.
(iv) Advise the Secretary of Health on matters
relating to administration of the fund.
(v) Recommend legislation as necessary to fulfill
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the purposes of this chapter.
(5) The advisory committee shall submit a report
concerning the advisory committee's activities and progress
to the Secretary of the Senate and the Chief Clerk of the
House of Representatives by October 31 of each even-numbered
year.
(6) The Department of Health shall reimburse members of
the advisory committee only for necessary and reasonable
travel and other expenses incurred in the performance of
their duties under this subsection.
(d) Reports.--The Department of Health, the Department of
Transportation and the Department of Education shall submit an
annual report to the General Assembly on expenditures of fund
[moneys] money and any progress made in [reducing the number of
potential donors who were not identified] increasing the number
of donor designations.
[(e) Definition.--As used in this section, the term "vital
organ" means a heart, lung, liver, kidney, pancreas, small
bowel, large bowel or stomach for the purpose of
transplantation.]
(f) Lead Commonwealth agency.--
(1) The Department of Health shall be the lead
Commonwealth agency responsible for promoting organ and
tissue donation in this Commonwealth and shall coordinate
activities among other collaborating Commonwealth agencies
and stakeholders.
(2) Within the Department of Health there is established
a full-time position of Organ and Tissue Donation Awareness
Program Coordinator. The following apply:
(i) The Department of Health shall be reimbursed by
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the fund for the actual cost of the program coordinator
position.
(ii) The program coordinator has the following
powers and duties:
(A) Assist in administration of the fund.
(B) Serve as a full-time liaison to the advisory
committee and assist the advisory committee in
program development, projects, funding proposals and
priorities.
(C) Serve as liaison with other Commonwealth
agencies. This clause shall include working with the
Department of Transportation to ensure that driver's
license centers promote organ and tissue donation and
comply with agreed-upon arrangements to display
information and materials.
(D) Assist designated organ procurement
organizations in their collaborations with other
Commonwealth agencies.
(E) Provide input to designated procurement
organizations regarding training of individuals
performing notifications under section 8617(c). Such
training shall encourage discretion and sensitivity
to family circumstances and the circumstances of the
potential donor's death in all discussions regarding
donations of tissue or organs and take into account
the potential donor's religious beliefs or
nonsuitability for organ and tissue donation.
(F) Assist in resolving issues that may arise in
hospitals in this Commonwealth regarding donation.
§ 8623. Confidentiality requirement.
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[The identity of the donor and of the recipient may not be
communicated unless expressly authorized by the recipient and
next of kin of the decedent.]
(a) General rule.--Except as provided in subsection (b), no
procurement organization may divulge any individually
identifiable information acquired in the course of performing
its responsibilities under this chapter except for the purposes
of facilitating organ, eye or tissue donation and
transplantation or as otherwise required under applicable laws.
(b) Donors and recipients.--A procurement organization may
communicate individually identifiable information of the donor
and recipient if expressly authorized by:
(1) the recipient; and
(2) if the donor is alive, the donor, or if the donor is
deceased, the next of kin of the donor.
§ 8624. Prohibited activities.
[(a) Affiliates.--No organ procurement organization selected
by the Department of Health under section 8617(g) (relating to
requests for anatomical gifts) to conduct annual death reviews
may use that review authority or any powers or privileges
granted thereby to coerce or attempt to coerce a hospital to
select the organization or any tissue procurement provider
contractually affiliated with the organization as a designated
tissue procurement provider under section 8617(e).
(b) Unfair acts.--No organ procurement organization or
tissue procurement provider may disparage the services or
business of other procurement providers by false or misleading
representations of fact, engage in any other fraudulent conduct
to influence the selection by a hospital of a qualified tissue
procurement provider nor engage in unlawful competition or
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discrimination. This subsection is not intended to restrict or
preclude any organ procurement organization or tissue
procurement provider from marketing or promoting its services in
the normal course of business.]
(c) Procurement organizations.--
(1) A procurement organization shall not do any of the
following:
(i) Disparage the services or business of another
procurement organization by false or misleading
representations of fact.
(ii) Engage in fraudulent conduct to influence the
selection by a hospital of a tissue bank or eye bank.
(iii) Engage in unlawful competition or
discrimination.
(2) This subsection is not intended to restrict or
preclude an organ procurement organization from marketing or
promoting its services in the normal course of business.
(d) Funeral establishments.--
(1) Except as set forth in paragraph (2), a funeral
director or a funeral establishment shall not:
(i) remove body parts from a corpse;
(ii) permit others to remove body parts from a
corpse; or
(iii) use funeral establishment facilities to remove
body parts from a corpse.
(2) Paragraph (1) shall not apply as follows:
(i) Removal is permissible if it is:
(A) necessary to perform embalming or other
services in preparation for burial or cremation; and
(B) authorized in writing by a family member,
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guardian or other person responsible for disposition
of the body.
(ii) Notwithstanding any other provision of law, if
a donation is authorized under this chapter, a designated
organ procurement organization and a Pennsylvania
nonprofit eye bank accredited by the Eye Bank Association
of America may recover donated ocular tissue, including
the whole eye, cornea and sclera, and associated blood
specimens at a funeral establishment.
(3) If a funeral director is notified by a person
authorized to make donations under this chapter that the
person wishes to donate body parts from a corpse within the
funeral director's custody, the funeral director shall
immediately notify the procurement organizations designated
to serve that region.
Section 7. Title 20 is amended by adding sections to read:
§ 8625. Promotion of organ and tissue donation and Donate Life
PA Registry established.
(a) Promotion.--The Department of Transportation shall
ensure access by residents of this Commonwealth to an Internet-
based interface which promotes organ and tissue donation and
enables residents 18 years of age or older who hold a
Pennsylvania driver's license or identification card to register
as donors and have their decisions immediately integrated into
the current database maintained by the department. The database
shall include only affirmative donation decisions.
(b) Paper form.--
(1) Within one year of the effective date of this
section, the department shall establish a system which allows
individuals who have been issued a driver's license or
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identification card to add their donor designation to the
Donate Life PA Registry by submitting a form to the
department.
(2) Registration shall be provided at no cost to the
registrant.
(c) Donate Life PA Registry.-- That portion of the database
maintained by the department for recording donor designations
and Internet-based interface established in this section shall
be known as the Donate Life PA Registry.
(d) Form and content.--The form and content of the Internet-
based interface shall be maintained in collaboration with the
designated procurement organizations.
(e) Effect.--
(1) Donor information entered into the Donate Life PA
Registry shall supersede prior conflicting information:
(i) provided to the Donate Life PA Registry;
(ii) on the individual's physical driver's license
or identification card;
(iii) on an advance health care directive;
(iv) submitted under section 8611 (relating to
persons who may execute anatomical gift); or
(v) submitted under any other statutory provision.
(2) Registration by a donor shall constitute sufficient
authorization to donate organs and tissues for
transplantation and therapy. Authorization of another person
shall not be necessary to effectuate the anatomical gift.
(f) Technology.--An information technology system adopted by
the department after the effective date of this section shall
continue to accommodate the inclusion of donor designation
information into the database and the ongoing operation of the
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Donate Life PA Registry.
§ 8626. Facilitation of anatomical gift from decedent whose
death is under investigation.
(a) Coordination.--
(1) Upon identification of a prospective donor, a
procurement organization shall, within a reasonable time,
notify the coroner or medical examiner of the county in which
the prospective donor is located.
(2) Upon notification as described in paragraph (1), a
coroner or medical examiner intending to investigate a
prospective donor's death shall, to the extent applicable and
reasonable under the circumstances:
(i) Notify the coroner or medical examiner of the
county in which the cause precipitating the prospective
donor's death is believed to have occurred, who shall
then cause the district attorney of the county to be
notified in accordance with internal county protocols.
(ii) Notify the applicable procurement organization
of any change in jurisdiction.
(3) Procurement organizations shall in all cases
cooperate with the coroner or medical examiner in order to
facilitate the preservation and collection of forensic
evidence. Procurement organizations shall not move or cause
to be moved a prospective donor without authorization of the
coroner or medical examiner having jurisdiction. Upon
request, a procurement organization shall provide or assist
the coroner or medical examiner in obtaining:
(i) Medical records.
(ii) Photographs.
(iii) Specimens, including blood and tissue.
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(iv) Laboratory and diagnostic test results.
(v) Any other available information.
(4) If applicable, the coroner or medical examiner shall
timely notify the procurement organization of any additional
requests from the coroner, medical examiner or district
attorney of the county where the cause of death is believed
to have occurred, including scheduling the recovery procedure
to permit their attendance where the scheduling can be done
in a time frame consistent with facilitating anatomical
donation. Attendance may be in person or, if in-person
attendance is not possible in a time frame consistent with
facilitating anatomical donation and, if available, by
electronic communication which includes a live visual
depiction of the recovery procedure.
(5) Notwithstanding the provisions of 18 Pa.C.S. Ch. 91
(relating to criminal history record information), a coroner
or medical examiner shall, upon request, release to the
procurement organization the name, contact information and
available medical history of a decedent whose death is under
investigation.
(b) Facilitation of donation.--Where a coroner or medical
examiner has jurisdiction in the case of a prospective organ or
tissue donor, the coroner or medical examiner shall have the
final authority to allow or disallow an anatomical gift and the
following shall apply:
(1) If the coroner or medical examiner is considering
denying recovery of one or more organs or tissue intended for
transplant or therapy, the coroner or medical examiner shall
notify the applicable procurement organization.
(2) For a denial to be valid, attendance of the coroner,
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medical examiner or designee may be in person or, if in-
person attendance is not possible in a time frame consistent
with facilitating anatomical donation, attendance shall be by
electronic communication which includes a live visual
depiction of the recovery procedure. The following shall
apply:
(i) No removal of the organ or tissue shall occur if
the coroner or medical examiner or designee has denied
recovery in accordance with this section.
(ii) The applicable procurement organization shall
reimburse the coroner or medical examiner for the
reasonable costs of attendance at the recovery procedure.
(c) Report.--If requested by the coroner, medical examiner
or district attorney, the physician or technician recovering an
organ under this section shall provide a report and, if
necessary, be available to provide testimony in any proceeding,
detailing the condition of the organ and the recovery procedure.
Reasonable costs associated with a physician or technician's
providing testimony under this section shall be paid by the
designated procurement organization.
(d) Timing.--The requirements of this section shall be
performed in a manner and time frame consistent with anatomical
donation.
§ 8627 . Collaboration among departments and procurement
organizations.
(a) Mandatory.--
(1) For purposes of the ongoing development and
implementation of the Donate Life PA Registry, the Department
of Transportation shall collaborate with the designated
procurement organizations in applying for Federal or private
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grants recommended by the organ procurement organizations.
(2) The department, in consultation with designated
procurement organizations, shall establish an annual
education program for photo license technicians of the
department.
(b) Discretionary.--Other Commonwealth agencies may
collaborate with the designated procurement organizations in
applying for Federal or private grants recommended by the organ
procurement organizations.
§ 8628 . Information relative to organ and tissue donation.
(a) Curriculum.--The Department of Education, in
consultation with the designated procurement organizations,
shall review the Commonwealth's educational curriculum framework
to ensure that information about organ and tissue donation is
included in the standards for students in grades 9 through 12
beginning with the 2019-2020 school year.
(b) Goals.--The goals of the standards shall be to:
(1) Emphasize the benefits of organ and tissue donation
to the health and well-being of society generally and to
individuals whose lives are saved by organ and tissue
donations so that students will be motivated to make an
affirmative decision to register as a donor when they become
adults.
(2) Fully address myths and misunderstandings regarding
organ and tissue donation.
(3) Explain the options available to minors and adults,
including the option of designating oneself as an organ and
tissue donor.
(c) Materials.--The department shall make related
instructional materials available to public and nonpublic
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