CHAPTER 86

ANATOMICAL GIFTS

 

Subchapter

A.  General Provisions

B.  Express Anatomical Gifts

C.  Corneal Transplants (Repealed)

D.  Hands, Facial Tissue, Limbs and Other Vascularized Composite Allografts

 

Enactment.  Chapter 86 was added December 1, 1994, P.L.655, No.102, effective in 90 days.

Prior Provisions.  Former Chapter 86, which related to the same subject matter, was added June 30, 1972, P.L.508, No.164, and repealed December 1, 1994, P.L.655, No.102, effective in 90 days.

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

8601.  Definitions.

§ 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:

"Acute care general hospital."  Any hospital which has an emergency room facility.

"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)  A health care agent 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 donation."  An anatomical gift.

"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. The term does not include vascularized composite allografts, including a human hand, facial tissue or limb.

"Bank or storage facility."  (Deleted by amendment).

"Board."  The Humanity Gifts Registry.

"Decedent."  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."  An individual who makes a gift of all or part of his body.

"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."  An institution licensed in this Commonwealth having an organized medical staff established for the purpose of providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of persons who are injured, disabled, pregnant, diseased, sick or mentally ill or rehabilitation services for the rehabilitation of persons who are injured, disabled, pregnant, diseased, sick or mentally ill. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties. The term does not include facilities caring exclusively for the mentally ill.

"Hospital administrator."  Any individual appointed by a hospital's governing body to act on behalf of the hospital's governing body in the overall management of the hospital. The term includes a designee of the individual who is authorized by the hospital to exercise supervisory authority.

"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 kidney, liver, heart, lung, pancreas, esophagus, stomach, small or large intestine or any portion of the gastrointestinal tract. The term also includes blood vessels recovered during the recovery of such organs if the vessels are intended for use in organ transplantation and labeled, "for use in organ transplant only." The term does not include a human hand, facial tissue, limb or other vascularized composite allograft.

"Organ procurement organization."  An organization designated for the region by the United States Secretary of Health and Human Services as an organ procurement organization.

"Part."  Organs, tissues, eyes, bones, arteries, blood, other fluids and any other portions of a human body. The term does not include a human hand, facial tissue, limb or other vascularized composite allograft.

"Person."  An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or any other legal entity.

"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)  A hospital administrator of the hospital where the decedent's death was pronounced.

(4)  Any other person authorized or under obligation to dispose of the decedent's body.

"Physician" or "surgeon."  A physician or surgeon licensed or authorized to practice under the laws of any state.

"Reasonably available."  Able to be contacted by an organ 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.

"Recovery procedure."  The process of removing cells, tissues and organs from a decedent. The term does not include the recovery of vascularized composite allografts, including recovery of a human hand, facial tissue or limb.

"State."  Any state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.

"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. The term also does not include vascularized composite allografts, including a human hand, facial tissue or limb.

"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.

"Unlawful competition."  Conduct declared unlawful under section 3 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

"Vascularized composite allograft."  A human hand, facial tissue, limb and other parts of the body which require blood flow by surgical connection of blood vessels to function after transplantation and which contain multiple tissue types, recovered from a human donor as an anatomical or structural unit, minimally manipulated, for homologous use, not combined with another article such as a device, susceptible to ischemia and susceptible to allograft rejection. The term also includes a part of the body specified as a vascularized composite allograft by the United States Secretary of Health and Human Services by regulation, in accordance with the National Organ Transplant Act (Public Law 98-507, 42 U.S.C. § 274e). The term does not include an organ, part, eye or tissue.

(Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 amended the defs. of "advisory committee," "decedent," "organ procurement organization" and "part," added the defs. of "adult," "advance health care directive," "agent," "anatomical donation," "anatomical gift," "document of gift," "Donate Life PA Registry," "donor registry," "eye bank," "hospital administrator," "know," "minor," "organ," "person authorized or obligated to dispose of a decedent's body," "reasonably available," "recipient," "record," "recovery procedure," "tissue," "tissue bank" and "vascularized composite allograft" and deleted the def. of "bank or storage facility." Section 11(3) of Act 90 provided that the amendment of section 8601 shall take effect upon publication of the notice under section 8629.

2000 Amendment.  See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation.

 

 

SUBCHAPTER B

EXPRESS ANATOMICAL GIFTS

 

Sec.

8610.  Scope of subchapter.

8611.  Persons who may execute anatomical gift.

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

8613.  Manner of executing anatomical gifts.

8614.  Delivery of document of gift.

8615.  Amendment or revocation of gift.

8616.  Rights and duties at death.

8617.  Requests for anatomical gifts.

8618.  Voluntary contribution system (Repealed).

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

8620.  Police and emergency personnel responsibilities.

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

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

8623.  Confidentiality requirement.

8624.  Prohibited activities.

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

8626.  Facilitation of anatomical gift from decedent whose death is under investigation.

8626.1. Notification by coroners and medical examiners to district attorneys.

8626.2. Discretionary notification by coroner or medical examiner.

8627.  Collaboration among departments and organ procurement organizations.

8627.1. Information relative to organ and tissue donation.

8628.  Requirements for physician and nurse training relative to organ and tissue donation and recovery.

8629.  Department of Transportation.

8630.  Department of Corrections.

8631.  Study of organ procurement organizations.

8632.  Relation to Electronic Signatures in Global and National Commerce Act.

 

Cross References.  Subchapter B is referred to in section 8656 of this title.

§ 8610.  Scope of subchapter.

Nothing in this subchapter shall be construed to authorize the donation of vascularized composite allografts, including hand, facial tissue and limb transplants, from an individual whose death is imminent or who has died at the hospital. Donation of vascularized composite allografts from an individual whose death is imminent or who has died at the hospital shall be in accordance with Subchapter D (relating to hands, facial tissue, limbs and other vascularized composite allografts).

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 added section 8610. Section 11(3) of Act 90 provided that the addition of section 8610 shall take effect upon publication of the notice under section 8629.

§ 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 agent acting under a power of attorney, health care power of attorney or other document which expressly 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)  Entitled to donate anatomy of decedent.--Subject to subsection (b.1), 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 known objections by the decedent or by a member of a prior class, may give all or any part of the decedent's body, with the exception of a vascularized composite allograft, for any purpose specified in section 8612:

(1)  An agent of the decedent at the time of death if the agent is expressly authorized to make the gift.

(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)  An adult grandchild of the decedent.

(7)  A grandparent of the decedent.

(8)  Any other person related to the decedent by blood, marriage or adoption.

(9)  A guardian of the person of the decedent.

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

(b.1)  Anatomical gifts prohibited in certain circumstances.--An anatomical gift may not be made by a person set forth in subsection (b) if, before an incision has been made to remove a part from the decedent's body or before invasive procedures have begun to prepare an intended recipient, any of the following apply:

(1)  The district attorney or a law enforcement officer notifies the organ procurement organization that the person is a suspect or a person of interest in causing the disease, illness, injury or condition of the decedent.

(2)  The person is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation), or a similar order from a court that was issued to the decedent.

(3)  The district attorney or a law enforcement officer notifies the organ procurement organization that the person has been arrested or detained in connection with the condition of the decedent.

(b.2)  Documentation required.--The organ procurement organization shall document the procedure taken to contact any of the persons in subsection (b). Such documentation shall be maintained by the organ procurement organization for a minimum of six years.

(b.3)  No obligation to make gift.--The following apply:

(1)  A person described in subsection (b)(2), (3), (4), (5), (6), (7), (8), (9) or (10) does not have a legal obligation to consent to making a gift of the decedent's body or part of the body.

(2)  Before making a gift of the decedent's body or part of the body, a person described in subsection (b)(2), (3), (4), (5), (6), (7), (8), (9) or (10) is encouraged to consider the decedent's moral and religious beliefs regarding anatomical donation, if those beliefs are known to the person.

(c)  Donee not to accept in certain cases.--

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

(i)  The donee knows of an objection by the decedent.

(ii)  The donee knows that a gift by a member of a class is opposed by a reasonably available member of a prior class.

(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.

(d)  Examinations.--A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(e)  Rights of donee paramount.--The rights of the donee created by the gift are paramount to the rights of others except as provided by section 8616(d) (relating to rights and duties at death).

(June 18, 1998, P.L.529, No.74, eff. imd.; Oct. 12, 1999, P.L.422, No.39, eff. 60 days; Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 amended subsecs. (a), (b) and (c) and added subsecs. (b.1), (b.2) and (b.3). Section 11(3) of Act 90 provided that the amendment of section 8611 shall take effect upon publication of the notice under section 8629.

1999 Amendment.  See section 13(7) of Act 39 in the appendix to this title for special provisions relating to applicability.

Cross References.  Section 8611 is referred to in sections 305, 8613, 8616, 8617, 8653 of this title.

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

(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.

(3)  An eye bank or a tissue bank.

(4)  An organ 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 organ 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 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).

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Section 11(3) of Act 90 provided that the amendment of section 8612 shall take effect upon publication of the notice under section 8629.

Cross References.  Section 8612 is referred to in sections 8611, 8617 of this title.

§ 8613.  Manner of executing anatomical gifts.

(a)  Gifts by will.--A gift of all or part of the body under section 8611(a) (relating to persons who may execute anatomical gift) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

(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. 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.

(b.1)  Other means.--An anatomical gift may be made by 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. If an anatomical gift is indicated on a driver's 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.

(c)  Specified and unspecified donees.--The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(d)  Designation of person to carry out procedures.--(Deleted by amendment).

(d.1)  Reliance.--Subject to the provisions of section 8616(c) (relating to rights and duties at death), a person may rely on a document of gift or amendment to a document of gift as being valid unless that person knows that the document of gift was not validly executed or was revoked.

(e)  Consent not necessary.--

(1)  Subject to paragraph (2), a donor's gift of all or any part of the donor'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 at the time of the donor's death or immediately thereafter is not necessary to render the gift valid and effective. This paragraph shall not be construed to permit the donation of a vascularized composite allograft.

(2)  An agent, only if expressly authorized in writing in a power of attorney, advance health care directive, health care power of attorney or other document to override the decedent's instructions on the making of an anatomical gift, may revoke the decedent's gift. This paragraph shall not be construed to permit the donation of a vascularized composite allograft.

(f)  Documentation of gifts by others.--Any gift by a person designated in section 8611(b) shall be made by a document signed by him or made by his telegraphic, recorded telephonic or other recorded message.

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

(1)  this subchapter;

(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)  Rights and protections for certain individuals.--

(1)  An individual who is in need of an anatomical gift shall not be deemed ineligible to receive an anatomical gift solely because of the individual's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician or surgeon following an individualized evaluation of the individual to be medically significant to the provision of the anatomical gift. If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, an individual's inability to independently comply with those requirements shall not be deemed to be medically significant.

(2)  As used in this subsection, "disability" shall have the same meaning as in the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 amended subsec. (e), added subsecs. (b.1), (d.1), (g), (h) and (i) and deleted subsec. (d). Section 11(1)(ii) of Act 90 provided that the addition of subsec. (i) shall take effect immediately and section 11(3) of Act 90 provided that the remainder of the section shall take effect upon publication of the notice under section 8629.

Cross References.  Section 8613 is referred to in section 8619 of this title.

§ 8614.  Delivery of document of gift.

If the gift is made by the donor to a specified donee, the will, card or other document or an executed copy thereof may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document or an executed copy thereof may be deposited in any hospital, bank or storage facility that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.

§ 8615.  Amendment or revocation of gift.

(a)  Document delivered to donee.--If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by any of the following:

(1)  The execution and delivery to the donee of a signed statement.

(2)  An oral statement made in the presence of two persons and communicated to the donee.

(3)  A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee.

(4)  A signed card or document found on his person or in his effects.

(b)  Document not delivered to donee.--Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation or mutilation of the document and all executed copies thereof.

(c)  Gifts by will.--Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a).

 

Cross References.  Section 8615 is referred to in sections 8617, 8654, 8658 of this title.

§ 8616.  Rights and duties at death.

(a)  Donees and relatives.--The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he shall, subject to the terms of the gift, authorize embalming and the use of the body in funeral services if the surviving spouse or next of kin as determined in section 8611(b) (relating to persons who may execute anatomical gift) requests embalming and use of the body for funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body.

(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.

(c)  Certain liability limited.--The following shall apply:

(1)  Subject to paragraph (2), 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 shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for the person's act.

(2)  The immunity from civil liability provided under paragraph (1) shall not extend to acts or omissions resulting from gross negligence, recklessness or intentional misconduct of the person.

(3)  Neither a person making an anatomical gift nor a donor's estate shall be liable for injury or damage that results from the making or use of the anatomical gift. In determining whether an anatomical gift has been made, amended or revoked under this subchapter, a person may rely upon representations of an individual listed in section 8611(b) regarding the individual's relationship to the donor or decedent unless the person knows that the representation is untrue.

(d)  Law on autopsies applicable.--Subject to the provisions of section 8626 (relating to facilitation of anatomical gift from decedent whose death is under investigation), 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), an organ procurement organization is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable copying fees.

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 amended subsecs. (b), (c) and (d). Section 11(3) of Act 90 provided that the amendment of section 8616 shall take effect upon publication of the notice under section 8629.

Cross References.  Section 8616 is referred to in sections 8611, 8613 of this title.

§ 8617.  Requests for anatomical gifts.

(a)  Procedure.--A hospital located in this Commonwealth shall notify the applicable designated organ procurement organization or a third party designated by the organ procurement 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 specified in subsection (d) may 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 health care directive.

(b)  Referrals.--If an organ procurement organization receives a referral of an individual whose death is imminent or who has died in a hospital, 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 the organ procurement organization 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 individual whose death is imminent or has died in the hospital has a document of gift which authorizes an anatomical donation, including registration with the Donate Life PA Registry, the organ 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 organ procurement organization representative or the designated requestor, then the organ procurement organization representative or the designated requestor shall ask the persons listed in section 8611(b) whether the individual had a validly executed document of gift. If there is no evidence of an anatomical gift by the individual, the organ 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 organs and tissues. The protocol shall take into account the individual's religious beliefs or nonsuitability for organ and tissue donation.

(3)  The hospital administrator or the hospital administrator's designated representative shall indicate in the medical record of the individual the information under this paragraph. The information shall also be communicated by the hospital administrator or the hospital administrator's designee to the organ procurement organization or designated requestor, as appropriate:

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

(ii)  if a gift was made, the name of the person granting the gift and that person's relationship to the individual; and

(iii)  all of the following:

(A)  Whether the individual executed an advance health care directive, living will, power of attorney, health care power of attorney, will or other document, including a do-not-resuscitate (DNR) order, evidencing an intention to limit, withdraw or withhold life-sustaining measures.

(B)  Whether the individual indicated in an advance health care directive, living will, power of attorney, health care power of attorney, will or other document an intention to limit the anatomical gifts of the individual in any way, including the intention to limit an anatomical gift to parts of the body which do not require a ventilator or other life-sustaining measures, or to deny making or refusing to make an anatomical gift.

(C)  Whether the individual amended or revoked an anatomical gift in any document specified in this subparagraph or in any other document or in accordance with section 8615 (relating to amendment or revocation of gift).

(d)  Testing.--

(1)  This subsection shall apply if:

(i)  a hospital refers an individual whose death is imminent or who has died in a hospital to an organ procurement organization;

(ii)  the organ procurement organization, in consultation with the individual's attending physician or a designee, determines, based upon a medical record review and other information supplied by the individual's attending physician or a designee, that the individual may be a prospective donor; and

(iii)  the individual has not:

(A)  indicated in an advance health care directive, a living will, power of attorney, health care power of attorney, will, DNR order or other document an intention to either limit the anatomical gifts of the individual to parts of the body which do not require a ventilator or other life-sustaining measures or indicated an intention to deny making or refusing to make an anatomical gift; or

(B)  amended or revoked an anatomical gift in any document specified in subsection (c)(3) or in any other document or in accordance with section 8615.

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

(i)  Subject to the wishes expressed by the individual under subsection (c)(3), the organ procurement organization may conduct a 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. Testing and examination under this subparagraph shall comply with a denial or refusal to make an anatomical gift or any limitation expressed by the individual with respect to the part of the body to donate or a limitation in the provision of a ventilator or other life-sustaining measures, as specified in subsection (c)(3) or a revocation or amendment to an anatomical gift as specified in a document in subsection (c)(3) or in any other document or in accordance with section 8615. 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)  Subject to the wishes expressed by the individual under subsection (c)(3), the hospital may not withdraw any measures which are necessary to maintain the medical suitability of the part until the organ procurement organization or designated requestor, as appropriate, has 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.

(3)  (Deleted by amendment).

(4)  (Deleted by amendment).

(e)  Testing after death.--Subject to the individual's wishes under subsection (c)(3), after an individual'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.

(1)  (Deleted by amendment).

(2)  (Deleted by amendment).

(3)  (Deleted by amendment).

(4)  (Deleted by amendment).

(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 subchapter, do all of the following:

(i)  Establish guidelines regarding efficient procedures facilitating the delivery of anatomical gift donations from receiving hospitals to organ procurement organizations and tissue 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.

(f.1)  Scope.--The determination under this section may include copying of records necessary to determine the medical suitability of the body or part. This subsection includes medical, dental and other health-related records.

(f.2)  Recipients.--

(1)  Subject to the provisions of this subchapter, 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 wishes of the individual under subsection (c)(3) and this subchapter, 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 individual and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

(f.3)  Physicians.--

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

(2)  Subject to the individual's wishes under subsection (c)(3), and subject to paragraph (1), a physician or technician may remove a donated part from the body of an individual that the physician or technician is qualified to remove.

(f.4)  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)  The organ procurement organization, hospital personnel and other individuals involved in the anatomical donation process shall limit the testing and examination of the individual under this section so as to comply with the wishes of the individual under subsection (c)(3).

(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 (a).

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

(i)  The department shall select to carry out the review the Commonwealth-licensed organ procurement organization designated by the 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 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 (a), 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 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 contact an organ procurement organization as required under subsection (a).

(Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90)

 

 

2018 Amendment.  Section 11(3) of Act 90 provided that the amendment of section 8617 shall take effect upon publication of the notice under section 8629.

2000 Amendment.  See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation.

Cross References.  Section 8617 is referred to in sections 8619, 8622 of this title.

§ 8618.  Voluntary contribution system (Repealed).

 

1997 Repeal.  Section 8618 was repealed May 7, 1997, P.L.85, No.7, effective immediately.

§ 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. Nothing in this section shall be construed to authorize a donation of a hand, facial tissue, limb or other vascularized composite allograft. The Department of Transportation shall record and store all donor designations in the Donate Life PA Registry. Subject to an individual's wishes as expressed in a document listed under sections 8613(e)(2) (relating to manner of executing anatomical gifts) and to the individual's wishes under section 8617(c)(3) (relating to requests for anatomical gifts), 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.

(a.1)  Informational insert.--The following apply:

(1)  Within 180 days of the effective date of this subsection, the Department of Transportation shall furnish an informational insert about organ donation, tissue donation and donation of vascularized composite allografts to each holder of a driver's license or identification card when the department mails a camera card to the holder at the time of renewal.

(2)  The informational insert shall explain:

(i)  that under Pennsylvania law, donation of organs, tissues and vascularized composite allografts is a voluntary act;

(ii)  the difference between organs, tissues and vascularized composite allografts;

(iii)  that under Pennsylvania law, explicit and specific consent is needed to donate a vascularized composite allograft;

(iv)  that under Pennsylvania law, the request for a vascularized composite allograft must be made separately from a request for organs and tissues;

(v)  that the organ donor designation on the driver's license authorizes the individual to donate organs and tissue and does not authorize the individual to donate a vascularized composite allograft;

(vi)  that more information about organ donation, tissue donation and donation of vascularized composite allografts, including information about the procedure for recovering organs and other parts of the body and information about being declared dead through brain death and dead by lack of cardiac function, can be found on the Department of Transportation's publicly accessible Internet website; and

(vii)  that, before deciding whether to have an organ donor designation placed on the driver's license, the individual may consult with the individual's physician, attorney or clergy.

(3)  The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund shall reimburse the Department of Transportation for the costs incurred in the development and implementation of the informational insert program.

(b)  Electronic access.--The organ procurement organizations designated by the Federal Government in the Commonwealth of Pennsylvania as part of the nationwide organ procurement network 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).

(June 23, 2006, P.L.201, No.48, eff. imd.; Dec. 17, 2015, P.L.452, No.79, eff. 60 days; Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Section 11(1)(iii) of Act 90 provided that the addition of subsec. (a.1) shall take effect immediately and section 11(3) of Act 90 provided that the remainder of the section shall take effect upon publication of the notice under section 8629.

Cross References.  Section 8619 is referred to in section 8622 of this title.

§ 8620.  Police and emergency personnel responsibilities.

Police and emergency personnel responding to the scene of an accident or trauma shall take reasonable steps to insure that the driver's license or personal identification card, donor card or other document of gift and medical alert bracelet, if any, of the individual involved in the accident or trauma accompanies the individual to the hospital or other health care facility. The hospital or other health care facility shall, within five days, if practicable, return the driver's license or identification card to the Department of Transportation, accompanied by a form prescribed by the Department of Transportation, if the individual involved in the accident is deceased.

§ 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 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 $3 to the fund. The contribution shall be added to the regular fee for an original or renewal driver's license or 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.

(3)  The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust 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 of Transportation and the advisory committee.

(b)  Vehicle registration.--

(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 $3 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust 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. An applicant for a two-year vehicle registration may make a contribution of $6 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund on the Department of Transportation's publicly accessible Internet website.

(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.

(3)  The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust 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 of Transportation and the 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.

(c)  Internet website.--The following shall become effective within 365 days of the effective date of this subsection:

(1)  The Department of Transportation's publicly accessible Internet website shall provide hyperlinks through which persons may electronically make voluntary contributions of at least $1 to the fund. At a minimum, the hyperlinks shall be provided in accordance with subsections (a)(1) and (b)(1).

(2)  The Department of Transportation shall provide detailed information on the Department of Transportation's publicly accessible Internet website, written in nonlegal terms, in both English and Spanish, about anatomical donation, organ donation and vascularized composite allografts. The website shall include the following:

(i)  The laws of this Commonwealth, including a statement that donating a part of the body is voluntary.

(ii)  The risks and benefits of organ donation, tissue donation and donation of eyes.

(iii)  The risks and benefits of donating a hand, facial tissue or limb or other vascularized composite allografts. The information about risks and benefits shall include information that the appearance of the donor will be significantly altered after recovery and that the surgical recovery team may perform reconstructive surgery to prepare for burial. In addition, the information shall include a statement that a vascularized composite allograft may impact burial arrangements and that an open casket may not be possible. The information shall also include and clearly explain:

(A)  The difference between hand, facial tissue and limb donation and organ donation.

(B)  The procedure for recovery of a hand, facial tissue or limb or other vascularized composite allograft.

(C)  That Pennsylvania law requires explicit and specific and separate consent to donate hands, facial tissue or limbs or other vascularized composite allografts from the donor and, when applicable, the donor's family.

(D)  The procedure needed to obtain consent from family members for a donation of organs, tissues and eyes and the procedure needed to obtain consent from families for hands, facial tissue, limbs or other vascularized composite allografts.

(E)  That donation of hands, facial tissue or limbs or other vascularized composite allografts is voluntary.

(F)  That documents such as living wills, advance health care directives, health care powers of attorney and powers of attorney may be used to permit or deny making a donation of hands, facial tissue or limbs or other vascularized composite allografts, depending upon the individual's wishes.

(G)  The procedure used by hospitals and organ procurement organizations to effectuate a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(H)  That if the individual intends to withhold or withdraw life-sustaining measures through an advance health care directive, living will, health care power of attorney, power of attorney or other document, that the choices of the individual for end-of-life care may be incompatible with donation of what we traditionally think of as organs (heart, lung, liver, kidney) and hands, facial tissue or limbs or other vascularized composite allografts.

(I)  That the individual may wish to consult with a physician, attorney or clergy before making the decision to make a donation of what we traditionally think of as organs (heart, lung, liver, kidney) or a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(iv)  The laws of this Commonwealth regarding living wills, health care powers of attorney, advance health care directives, do-not-resuscitate orders and other documents which can be used to provide, limit or deny making or revoking an anatomical donation or a donation of hands, facial tissue or limbs or other vascularized composite allografts.

(v)  A description regarding:

(A)  the procedure used by hospitals and organ procurement organizations to ask family members if the individual will make an anatomical donation;

(B)  if the individual may be or is an organ, tissue or eye donor, the types of tests that will be performed on the individual by a hospital, organ procurement organization, tissue procurement organization, eye bank or tissue bank and the procedure used to recover organs, tissues and eyes, including any differences in the procedure used to recover organs; and

(C)  brain death and cardiac death.

(3)  The Department of Transportation shall provide the material listed in paragraph (2) in written form, in English and in Spanish, at all driver's license centers across this Commonwealth. Additionally, the Department of Transportation shall provide such materials upon request, including the request of another agency of the Commonwealth.

(4)  The Department of Health shall provide conspicuous notice on the Department of Health's publicly accessible Internet website that detailed information about anatomical donation and donation of a hand, facial tissue, limb or other vascularized composite allograft may be found on the Department of Transportation's publicly accessible Internet website. The Department of Health shall also provide a conspicuous hyperlink to the information set forth in paragraph (2).

(June 18, 1998, P.L.529, No.74, eff. July 1, 1999; Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90, eff. imd.; Nov. 25, 2020, P.L.1188, No.115, eff. 90 days)

 

2020 Amendment.  Act 115 amended subsec. (b)(1).

2000 Amendment.  See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation.

Cross References.  Section 8621 is referred to in sections 8622, 8629, 8630 of this title.

§ 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 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 deposited in the fund and interest which accrues from those funds are 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 advisory committee created in subsection (c.1). Any remaining funds are appropriated subject to the approval of the Governor for the following purposes:

(1)  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 expenses incurred by the donor or donor's family in connection with making an organ or tissue donation, along with programming, to provide support services to organ donors 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)  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)  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 or identification card and when completing a State individual income tax return form. The Department of Health shall develop an informational insert for use when receiving a driver's license or identification card based on the Department of Transportation's specifications in accordance with the requirements of section 8619(a.1) (relating to use of driver's license or identification card to indicate organ or tissue donation). Project Make-A-Choice shall also provide the Internet website address and a hyperlink for the Department of Transportation's Internet website under section 8621(c)(2), and a statement that detailed information about anatomical donation and donation of a hand, facial tissue, limb or other vascularized composite allograft can be found on the Department of Transportation's publicly accessible Internet website. The Department of Health shall also design information pamphlets about donation of hands, facial tissue and limbs and other vascularized composite allografts. Project Make-a-Choice shall also provide information about donation of hands, facial tissue or limbs or other vascularized composite allografts, which shall include the topics set forth in section 8621(c)(2).

(4)  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.

(c)  Advisory Committee.--(Deleted by amendment).

(c.1)  Advisory committee.--

(1)  The Organ and Tissue Donation Advisory Committee is established. Each member shall be appointed by the Governor. 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)  The Secretary of the Commonwealth or a designee.

(v)  One representative from each designated organ procurement organization.

(vi)  Two representatives of tissue procurement providers.

(vii)  Six members representative of:

(A)  organ, tissue and eye recipients;

(B)  families of recipients;

(C)  donors; and

(D)  families of donors.

(viii)  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.

(ix)  One representative of eye banks.

(x)  One representative of community health organizations.

(xi)  One elected county coroner of this Commonwealth.

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

(3)  For a member under paragraph (1)(v), (vi), (vii), (viii), (ix), (x) and (xi), 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)(viii) shall be sought from the Statewide association referred to in paragraph (1)(viii)(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 the purposes of this subchapter.

(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. A final written report under this section shall be adopted at a public meeting. The report shall be a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(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 the advisory committee members' 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 and any progress made in increasing the number of donor designations.

(e)  Definition.--(Deleted by amendment).

(f)  Lead Commonwealth agency.--The Department of Health shall be the lead Commonwealth agency responsible for promoting organ, tissue and eye donation in this Commonwealth and shall coordinate activities among other collaborating Commonwealth agencies.

(Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Section 11(3) of Act 90 provided that the amendment of section 8622 shall take effect upon publication of the notice under section 8629.

2000 Amendment.  See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation.

Special Provisions in Appendix.  See section 9 of Act 102 of 1994 in the appendix to this title for special provisions relating to secondary education program.

Cross References.  Section 8622 is referred to in sections 8601, 8617, 8621, 8631 of this title.

§ 8623.  Confidentiality requirement.

(a)  General rule.--Except as provided in subsection (b), no organ procurement organization, eye bank or tissue bank may divulge any individually identifiable information acquired in the course of performing the organization's or banks' 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.--An organ procurement organization, eye bank or tissue bank 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.

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Section 11(3) of Act 90 provided that the amendment of section 8623 shall take effect upon publication of the notice under section 8629.

§ 8624.  Prohibited activities.

(a)  Affiliates.--(Deleted by amendment).

(b)  Unfair acts.--(Deleted by amendment).

(c)  Organ procurement organizations, eye banks and tissue banks.--

(1)  An organ procurement organization, an eye bank or a tissue bank shall not do any of the following:

(i)  Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.

(ii)  Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue 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 the organ procurement organization's 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, guardian or other person responsible for disposition of the body.

(ii)  Notwithstanding any other provision of law, if a donation is authorized under this subchapter, 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 subchapter that the person wishes to donate body parts from a corpse within the funeral director's custody, the funeral director shall immediately notify the organ procurement organization designated to serve that region.

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Section 11(3) of Act 90 provided that the amendment of section 8624 shall take effect upon publication of the notice under section 8629.

§ 8625.  Promotion of organ and tissue donation; 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 anatomical donation and enables residents 18 years of age or older who hold a Pennsylvania driver's license or identification card to register as an organ or tissue donor and have that designation immediately integrated into the current database maintained by the department. This section shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts. The Internet-based interface shall clearly state that the Internet-based interface only permits consent to anatomical donation. The Internet-based interface shall also state where on the Department of Transportation's publicly accessible Internet website detailed information about organ donation, tissue donation, donation of eyes and donation of hands, facial tissue or limbs or other vascularized composite allografts may be found and shall provide a hyperlink to that information.

(b)  Paper form.--

(1)  Within one year of the effective date of this section, the Department of Transportation shall establish a system which allows an individual who has been issued a driver's license or identification card to add the individual's anatomical donor designation to the Donate Life PA Registry by submitting a form to the department. This section shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts. The Internet-based interface shall clearly state that the interface only permits consent to anatomical donation. The interface shall also state where on the Department of Transportation's publicly accessible Internet website detailed information about organ donation, tissue donation, eye donation and donation of hands, facial tissue or limbs or other vascularized composite allografts may be found and shall provide a hyperlink to that information.

(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 of Transportation 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 determined and maintained by the Department of Transportation, after consulting with the designated organ procurement organizations. The Internet-based interface shall not permit consent to donation of hands, facial tissue or limbs or other vascularized composite allografts.

(e)  Technology.--An information technology system adopted by the Department of Transportation 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 Donate Life PA Registry.

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 added section 8625. Section 11(3) of Act 90 provided that the addition of section 8625 shall take effect upon publication of the notice under section 8629.

§ 8626.  Facilitation of anatomical gift from decedent whose death is under investigation.

(a)  Applicability of section.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.

(b)  Full denial of recovery of organs.--If a coroner or medical examiner is considering denying recovery of all of the organs of a decedent, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:

(1)  The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the decedent's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with organ donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.

(2)  The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the decedent while at the hospital.

(3)  If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of all of the decedent's organs, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization upon request. The coroner or medical examiner or a designee shall ensure that the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(c)  Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of all organs as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of all of a decedent's organs as set forth in subsection (b).

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8626.

Cross References.  Section 8626 is referred to in section 8616 of this title.

§ 8626.1.  Notification by coroners and medical examiners to district attorneys.

(a)  Applicability.--This section shall apply in all cases when the coroner or medical examiner:

(1)  must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect; and

(2)  is not the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred.

(b)  Procedure.--The coroner or medical examiner specified in subsection (a)(2) shall notify the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred. After receiving the notification, the coroner or medical examiner shall notify or cause to be notified the district attorney of the county in which the cause precipitating the death of the individual is believed to have occurred.

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8626.1.

§ 8626.2.  Discretionary notification by coroner or medical examiner.

(a)  Notification.--Except as set forth in subsection (b), a coroner or medical examiner or designee may notify the applicable designated organ procurement organization of a person's death outside the hospital for the purpose of facilitating recovery of tissues for transplant.

(b)  Exception.--Notification shall not apply if:

(1)  the person was admitted to the hospital at or around the time of death; or

(2)  the notification to the coroner or medical examiner occurred more than 18 hours following the estimated time of the person's death.

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8626.2.

§ 8627.  Collaboration among departments and organ 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 organ procurement organizations in applying for Federal or private grants recommended by the organ procurement organizations.

(2)  The Department of Transportation, in consultation with designated organ procurement organizations, shall establish an annual education program for photo license technicians of the Department of Transportation regarding the provisions of this subchapter.

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

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 added section 8627. Section 11(3) of Act 90 provided that the addition of section 8627 shall take effect upon publication of the notice under section 8629.

§ 8627.1.  Information relative to organ and tissue donation.

(a)  Model curriculum.--Within nine months of the effective date of this section, the Department of Education, in consultation with the designated organ procurement organizations, shall develop and post on the Department of Education's publicly accessible Internet website a model curriculum regarding organ donation for students in grades 9 through 12 which public and nonpublic schools may use to provide instruction. The form and content of the model curriculum regarding organ donation shall be determined by the Department of Education. The model curriculum shall do all of the following, at a minimum:

(1)  Provide a comprehensive, scientific overview of anatomical donation, its history and scientific advancement.

(2)  Fully address the risks and benefits of and the 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 and the option of not designating oneself as an organ and tissue donor.

(b)  Materials.--Within nine months of the effective date of this section, the Department of Education shall make related instructional materials available on the Department of Education's publicly accessible Internet website to public and nonpublic schools educating students in grades 9 through 12. The General Assembly shall encourage public and nonpublic schools to use the instructional materials. Nothing in this subsection shall be construed to require public or nonpublic schools to use the instructional materials.

(c)  Parental option.--A minor enrolled in a public or nonpublic school shall be permitted to opt out of receiving instruction or materials relating to anatomical donation as provided under this section if the minor's parent or guardian has provided written notice to the school.

(d)  Institutions of higher education.--

(1)  Beginning with the 2018-2019 school year, each public institution of higher education in this Commonwealth may provide, in collaboration with the designated organ procurement organizations, information to its students, either through student health services or as part of the curriculum, which:

(i)  provides a comprehensive, scientific overview of anatomical donation, its history and scientific advancement; and

(ii)  addresses the risks and benefits of and the myths and misunderstandings about anatomical donation.

(2)  Beginning with the 2019-2020 school year, each private institution of higher education in this Commonwealth may provide, in collaboration with the designated organ procurement organizations, information to its students, either through student health services or as part of the curriculum, which:

(i)  provides a comprehensive, scientific overview of anatomical donation, its history and scientific advancement; and

(ii)  addresses the risks and benefits of and the myths and misunderstandings about anatomical donation.

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8627.1.

§ 8628.  Requirements for physician and nurse training relative to organ and tissue donation and recovery.

The State Board of Medicine, the State Board of Osteopathic Medicine and the State Board of Nursing shall promulgate regulations requiring physicians, osteopathic physicians and professional nurses to complete a two-hour course on organ and tissue donation and recovery designed to address the clinical aspects of the donation and recovery process as a condition of license renewal. The course may include information about donation of hands, facial tissue and limbs and other vascularized composite allografts. The course shall be completed within five years of initial licensure or within five years of licensure renewal, whichever occurs first.

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8628.

§ 8629.  Department of Transportation.

The following shall apply:

(1)  The Secretary of Transportation shall publish notice in the Pennsylvania Bulletin of the completion of the Department of Transportation's:

(i)  Internet website established under section 8621(c)(2) (relating to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions);

(ii)  establishment of the Donate Life PA registry; and

(iii)  establishment of the hyperlinks to enable donation of money under section 8621.

(2)  Until the notice under paragraph (1) is published, the Secretary of Transportation shall issue a statement every 60 days to the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives regarding the actions taken by the department to complete the requirements under paragraph (1).

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8629. The notice referred to in par. (1) was published in the Pennsylvania Bulletin on October 26, 2019, at 49 Pa.B. 6491.

§ 8630.  Department of Corrections.

The Department of Corrections shall, in consultation with an organ procurement organization, provide information to or make information available about anatomical donation to inmates in State correctional institutions. The information may also include information about donation of hands, facial tissue or limbs and other vascularized composite allografts. The information shall be provided or made available annually and shall include topics under section 8621(c)(2) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions).

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 added section 8630. Section 11(3) of Act 90 provided that the addition of section 8630 shall take effect upon publication of the notice under section 8629.

§ 8631.  Study of organ procurement organizations.

(a)  Study.--The Legislative Budget and Finance Committee shall conduct a study and performance evaluation of expenditures which utilize grants from the Department of Health under section 8622(b) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).

(b)  Date.--The study under subsection (a) shall be completed no later than two years after the effective date of this section. Copies shall be submitted to the following:

(1)  The Health and Human Services Committee of the Senate.

(2)  The Judiciary Committee of the Senate.

(3)  The Health Committee of the House of Representatives.

(4)  The Judiciary Committee of the House of Representatives.

(Oct. 23, 2018, P.L.594, No.90, eff. imd.)

 

2018 Amendment.  Act 90 added section 8631.

§ 8632.  Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act.

(Oct. 23, 2018, P.L.594, No.90)

 

2018 Amendment.  Act 90 added section 8632. Section 11(3) of Act 90 provided that the addition of section 8632 shall take effect upon publication of the notice under section 8629.

 

 

SUBCHAPTER C

CORNEAL TRANSPLANTS

 

Sec.

8641.  Removal of corneal tissue permitted under certain circumstances.

8642.  Limitation of liability.

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

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

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

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

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

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

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

§ 8642.  Limitation of liability.

A person who acts in good faith in accordance with the provisions of this subchapter shall not be subject to criminal or civil liability arising from any action taken under this subchapter. The immunity provided by this section shall not extend to persons if damages result from the gross negligence, recklessness or intentional misconduct of the person.

 

 

SUBCHAPTER D

HANDS, FACIAL TISSUE, LIMBS AND OTHER

VASCULARIZED COMPOSITE ALLOGRAFTS

 

Sec.

8651.  Scope of subchapter.

8652.  Intent of General Assembly.

8653.  Definitions.

8654.  Requirement of explicit, specific and separate authorization.

8655.  Agents, next of kin and other surrogate decision makers.

8656.  Procedure for requesting hands, facial tissue, limbs and other vascularized composite allografts.

8657.  Gift of vascularized composite allograft from decedent whose death is under investigation.

8657.1. Notification by coroners and medical examiners to district attorneys.

8658.  Gifts of vascularized composite allografts.

8659.  Rights and protections for certain individuals.

8660.  Law on autopsies applicable.

8661.  Vital records.

8662.  Donees and vascularized composite allografts.

8663.  Dissemination of information prohibited.

8664.  Prohibited conduct.

8665.  Funeral establishments.

8666.  Limitation on liability.

 

Enactment.  Subchapter D was added October 23, 2018, P.L.594, No.90, effective immediately.

Cross References.  Subchapter D is referred to in section 8610 of this title.

§ 8651.  Scope of subchapter.

This subchapter applies exclusively to hands, facial tissue, limbs and other vascularized composite allografts donated by an individual whose death is imminent or who has died in the hospital.

§ 8652.  Intent of General Assembly.

It is the intent of the General Assembly to provide guidance to organ procurement organizations, hospitals, health care professionals and the public about the donation of hands, facial tissue, limbs and other vascularized composite allografts when donated by an individual whose death is imminent or who has died in the hospital. The General Assembly recognizes that a donation of a vascularized composite allograft from an individual whose death is imminent or who has died in the hospital, sometimes referred to as authorization for a vascularized composite allograft from a deceased donor, is a gift which must be given freely. In order to be given freely, explicit and specific consent must be obtained from donors or the donors' families. Obtaining explicit and specific consent is the only way to ensure transparency in the donation process and to preserve the public trust. It is the intention of the General Assembly to design policies and procedures to ensure that the donation of hands, facial tissue, limbs and other vascularized composite allografts from an individual whose death is imminent or who has died in the hospital is only made with explicit and specific consent.

§ 8653.  Definitions.

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

"Minor."  An individual under 18 years of age.

"Surrogate decision maker."  An individual under section 8611(b)(1), (2), (3), (4), (5), (6), (7) or (8) (relating to persons who may execute anatomical gift).

§ 8654.  Requirement of explicit, specific and separate authorization.

The following apply:

(1)  An individual of sound mind who is 18 years of age or older may authorize recovery of hands, facial tissue, limbs and other vascularized composite allografts. The authorization may be in a will, living will, health care power of attorney, power of attorney or other document. In order to be valid, the authorization must be in writing, witnessed by two other individuals and explicitly and specifically state that the individual authorizes the recovery of the individual's hands, facial tissue, limbs or other vascularized composite allografts. The authorization must be provided separately from an anatomical donation. If the individual explicitly, specifically and separately authorizes such a gift and requests reconstructive surgery, then the surgery shall be provided at no cost to the individual or the individual's family or representative. Any limitations on the provision of the gift authorized by the individual shall be honored by the hospital, a donee under section 8662 (relating to donees and vascularized composite allografts), health care professionals involved in the recovery and transplantation process, the organ procurement organizations and any other person involved with the donation and recovery of a vascularized composite allograft. If the individual authorizes a gift of hands, facial tissue, limbs or other vascularized composite allografts, then authorization of a surrogate decision maker shall not be necessary.

(2)  It is unlawful for a minor to authorize the donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts. In the case of a minor  whose death is imminent or who has died in a hospital, a parent or guardian may authorize donation of the minor's  hands, facial tissue, limbs or other vascularized composite allografts if the parent or guardian does not have actual notice of contrary indications on the part of the minor with respect to making a donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts and there is no actual notice of opposition by the other parent. If the parent or guardian has actual notice of contrary indications or there is actual notice of opposition by the other parent, then the parent or guardian is not authorized to make such a gift. The hospital, health care professionals, organ procurement organization and a donee under section 8662 shall not effectuate a donation if the minor evidenced contrary indications regarding donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts or there is actual notice of opposition by the other parent.

(3)  A gift of a vascularized composite allograft under this section may be revoked or amended at any time and in the manner specified in section 8615 (relating to amendment or revocation of gift).

 

Cross References.  Section 8654 is referred to in section 305 of this title.

§ 8655.  Agents, next of kin and other surrogate decision makers.

The following apply:

(1)  Subject to paragraph (2), a surrogate decision maker, in order of priority stated when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent as set forth in subparagraph (ii) or evidence of a prohibition, amendment, revocation or denial of a gift of a vascularized composite allograft as set forth in subparagraph (i) or actual notice of opposition by a member of the same or a prior class, may authorize the donation of hands, facial tissue, limbs or other vascularized composite allografts of an individual who is at least 18 years of age and whose death is imminent or who has died in a hospital if:

(i)  there is no evidence of a prohibition, amendment, revocation or denial of a gift of hands, facial tissue, limbs and other vascularized composite allografts in a living will, will, advance health care directive, health care power of attorney, power of attorney or other document of the individual; and

(ii)  there is no actual notice of contrary indications by the individual regarding such a gift in any form, including through statements made by the individual to health care professionals, to family members or to the surrogate decision maker. If the surrogate decision maker has actual notice of contrary indications on the part of the individual with respect to making a donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts, then it is unlawful for the surrogate decision maker to make such a gift. The hospital, health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and organ procurement organization shall not effectuate a donation if the individual evidenced contrary indications regarding donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts.

(2)  A surrogate decision maker may not authorize a gift of hands, facial tissue, limbs or other vascularized composite allografts on the part of an individual under paragraph (1) if any of the following apply:

(i)  The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker is a suspect or person of interest in causing the disease, illness, injury, condition or death of the individual.

(ii)  The surrogate decision maker is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) or similar order from a court that was issued to the individual.

(iii)  The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker has been arrested or detained in connection with the disease, illness, injury, condition or death of the individual.

§ 8656.  Procedure for requesting hands, facial tissue, limbs and other vascularized composite allografts.

The following applies to organ procurement organizations,  health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and other persons who request a gift of hands, facial tissue, limbs and other vascularized composite allografts from a surrogate decision maker:

(1)  The request for a donation must be made separately from a request for donation under Subchapter B (relating to express anatomical gifts). The request must explicitly and specifically identify donations of hands, facial tissue, limbs and other vascularized composite allografts as distinct from traditional organs such as heart, liver, or lung or tissues under Subchapter B. The discussion must educate the surrogate decision maker about the process of recovery of vascularized composite allografts and must clearly define and explain all of the following:

(i)  What a vascularized composite allograft is, the benefit to the recipient and precisely what will be recovered.

(ii)  That any prior generalized authorization for an anatomical gift under Subchapter B does not include a gift of a hand, facial tissue, limb or other vascularized composite allograft.

(iii)  That permission for a gift of a hand, facial tissue, limb or other vascularized composite allograft must be given separately from the permission for a gift under Subchapter B.

(iv)  That the appearance of the individual whose death is imminent or who has died in a hospital will be significantly altered after the recovery of the gift and that upon request the recovery team will perform reconstructive surgery on the individual at no cost to the individual, the individual's family or surrogate decision maker. In addition, the discussion must explain that the recovery of vascularized composite allografts may impact burial arrangements and that an open casket may not be possible.

(v)  That the identity of the individual whose death is imminent or who has died in a hospital may not be able to be protected due to fingerprints or birthmarks.

(2)  A deceased donor authorization form shall be used which specifically identifies the option of authorizing a gift of hands, facial tissue, limbs and other vascularized composite allografts. The form must include a provision which states that the surrogate decision maker and family of the individual whose death is imminent or who has died in a hospital understands the relevant anatomical details of the donation, the alteration of the appearance of the individual, including the impact of the recovery of vascularized composite allografts upon funeral arrangements, and that, despite the best efforts of the organ procurement organization, the anonymity of the individual may not be protected. Further, the form must provide information about the nature of the discussion required under paragraph (1), including:

(i)  the date and time of the discussion;

(ii)  for individuals who hold a professional or occupational license, the names, addresses, telephone numbers and professional or occupational license numbers of the individuals who made the request for the donation and provided the information under paragraph (1); and

(iii)  a summary of the topics discussed and which surrogate decision maker authorized the gift of a vascularized composite allograft.

 

Cross References.  Section 8656 is referred to in section 8658 of this title.

§ 8657.  Gift of vascularized composite allograft from decedent whose death is under investigation.

(a)  Applicability.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.

(b)  Denial of recovery of vascularized composite allograft.--If a coroner or medical examiner is considering denying recovery of the vascularized composite allograft of an individual, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:

(1)  The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the individual's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.

(2)  The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the individual while at the hospital.

(3)  If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of the vascularized composite allograft, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization upon request. The coroner or medical examiner or a designee shall ensure the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(c)  Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of the vascularized composite allograft as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of the vascularized composite allograft as set forth in subsection (b).

 

Cross References.  Section 8657 is referred to in section 8660 of this title.

§ 8657.1.  Notification by coroners and medical examiners to district attorneys.

(a)  Applicability.--This section shall apply in all cases when the coroner or medical examiner:

(1)  must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect; and

(2)  the coroner or medical examiner is not the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred.

(b)  Procedure.--The coroner or medical examiner specified in subsection (a)(2) shall notify the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred. After receiving the notification, the coroner or medical examiner shall notify or cause to be notified the district attorney of the county in which the cause precipitating the death of the individual is believed to have occurred.

§ 8658.  Gifts of vascularized composite allografts.

(a)  Gift.--The following apply to vascularized composite allografts:

(1)  If the individual whose death is imminent or has died in the hospital has a document of gift which authorizes a gift of a vascularized composite allograft, the organ procurement organization representative or the designated requestor shall attempt to notify a surrogate decision maker.

(2)  If no document of gift is known to the organ procurement organization representative or the designated requestor, then the organ procurement organization representative or the designated requestor may ask the surrogate decision maker whether the individual had a validly executed document of gift. If there is no evidence of gift of a vascularized composite allograft by the individual, the organ procurement organization representative or the designated requestor shall notify the surrogate decision maker of the option to donate a vascularized composite allograft. The notification shall be performed in accordance with section 8656 (relating to procedure for requesting hands, facial tissue, limbs and other vascularized composite allografts).

(3)  The hospital administrator or the hospital administrator's designated representative shall indicate in the medical record of the individual the information under this paragraph and paragraph (2). The information shall also be communicated by the hospital administrator or the hospital administrator's designee to the organ procurement organization or designated requestor, as appropriate:

(i)  whether or not a document of gift is known to exist and whether a gift of a vascularized composite allograft was made;

(ii)  if a gift of a vascularized composite allograft was made, the name of the person granting the gift and that person's relationship to the individual; and

(iii)  all of the following:

(A)  Whether the individual executed an advance health care directive, living will, power of attorney, health care power of attorney, will or other document, including a do-not-resuscitate order, evidencing an intention to limit, withdraw or withhold life-sustaining measures.

(B)  Whether the individual indicated in an advance health care directive, living will, power of attorney, health care power of attorney, will or other document an intention to limit the anatomical gifts of the individual in any way, including the intention to limit an anatomical gift to parts of the body which do not require a ventilator or other life-sustaining measures, or to deny making or refusing to make a gift of a vascularized composite allograft.

(C)  Whether the individual amended or revoked a gift of a vascularized composite allograft, in any document specified in this subparagraph or in any other document or in accordance with section 8615 (relating to amendment or revocation of gift).

(b)  Testing.--

(1)  This subsection shall apply if:

(i)  a hospital refers an individual whose death is imminent or who has died in a hospital to an organ procurement organization;

(ii)  the organ procurement organization, in consultation with the individual's attending physician, determines, based upon a medical record review and other information supplied by the individual's attending physician, that the individual may be a prospective donor of a vascularized composite allograft; and

(iii)  the individual has not:

(A)  indicated in an advance health care directive, a living will, power of attorney, health care power of attorney, will, do-not-resuscitate order or other document an intention to either limit the anatomical gifts of the individual to parts of the body which do not require a ventilator or other life-sustaining measures or indicated an intention to deny making or refusing to make a gift of a vascularized composite allograft; or

(B)  amended or revoked a gift of a vascularized composite allograft in any document specified in subsection (a)(3) or in any other document or in accordance with section 8615.

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

(i)  Subject to the wishes expressed by the individual under subsection (a)(3), the organ procurement organization may conduct a blood or tissue test or minimally invasive examination which is reasonably necessary to evaluate the medical suitability of a vascularized composite allograft that is or may be the subject of a gift. Testing and examination under this subparagraph shall comply with a denial or refusal to make a gift of a vascularized composite allograft or any limitation expressed by the individual with respect to the vascularized composite allograft, or a limitation in the provision of a ventilator or other life-sustaining measures, as specified in subsection (a)(3) or a revocation or amendment to a gift of a vascularized composite allograft as specified in a document in subsection (a)(3) or in any other document or in accordance with section 8615. The results of tests and examinations under this subparagraph shall be used or disclosed only:

(A)  to evaluate medical suitability for donation of a vascularized composite allograft and to facilitate the donation process; and

(B)  as required or permitted by law.

(ii)  Subject to the wishes expressed by the individual under subsection (a)(3), the hospital may not withdraw any measures which are necessary to maintain the medical suitability of the vascularized composite allograft until the organ procurement organization or designated requestor, as appropriate, has had the opportunity to advise the surrogate decision maker of the option to make a gift of a vascularized composite allograft and has received or been denied authorization to proceed with recovery of the vascularized composite allograft.

(c)  Testing after death.--Subject to the individual's wishes under subsection (a)(3), after an individual's death, a person to whom an anatomical gift may pass under section 8662 (relating to donees and vascularized composite allografts) may conduct a test or examination which is reasonably necessary to evaluate the medical suitability of the vascularized composite allograft for its intended purpose.

(d)  Recipients.--Subject to the individual's wishes under subsection (a)(3) and as set forth in this subchapter, a person that accepts a gift of a vascularized composite allograft may allow embalming, burial or cremation and the use of remains in a funeral service. The person to whom the part passes under section 8662, upon the death of the individual and before embalming, burial or cremation, shall cause the vascularized composite allograft to be removed without unnecessary mutilation.

(e)  Physicians.--Neither the physician who attends the individual at death nor the physician who determines the time of the individual's death may participate in the procedures for removing or transplanting a vascularized composite allograft.

(f)  Coordination of procurement and use.--The organ procurement organization, hospital personnel and other individuals involved in the process of recovering a vascularized composite allograft shall limit the testing and examination of the individual under this section so as to comply with the wishes of the individual under subsection (a)(3).

§ 8659.  Rights and protections for certain individuals.

(a)  General rule.--An individual who is in need of a vascularized composite allograft shall not be deemed ineligible to receive a vascularized composite allograft solely because of the individual's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician or surgeon following an individualized evaluation of the individual to be medically significant to the provision of the vascularized composite allograft. If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, an individual's inability to independently comply with those requirements shall not be deemed to be medically significant.

(b)  Definition.--As used in this section, the term "disability" shall have the same meaning as in the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).

§ 8660.  Law on autopsies applicable.

(a)  General rule.--Subject to the provisions of section 8657 (relating to gift of vascularized composite allograft from decedent whose death is under investigation), the provisions of this subchapter are subject to the laws of this Commonwealth prescribing powers and duties with respect to autopsies.

(b)  Copies of autopsy reports.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), an organ procurement organization is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable fees.

§ 8661.  Vital records.

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 of Health.

§ 8662.  Donees and vascularized composite allografts.

The following persons may become donees of gifts of vascularized composite allografts 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 the individual.

(5)  The board.

 

Cross References.  Section 8662 is referred to in sections 8654, 8655, 8656, 8658 of this title.

§ 8663.  Dissemination of information prohibited.

(a)  General rule.--Except as provided in subsection (b), no organ procurement organization, eye bank or tissue bank may divulge any individually identifiable information acquired in the course of performing the organization's or bank's responsibilities under this chapter except for the purposes of facilitating transplantation of vascularized composite allografts.

(b)  Donors and recipients.--An organ procurement organization, eye bank or tissue bank 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.

§ 8664.  Prohibited conduct.

(a)  General rule.--An organ procurement organization, an eye bank or a tissue bank shall not do any of the following with respect to recovery and transplantation of vascularized composite allografts:

(1)  Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.

(2)  Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue bank.

(3)  Engage in unlawful competition or discrimination.

(b)  Construction.--This subsection is not intended to restrict or preclude an organ procurement organization from marketing or promoting the organ procurement organization's services regarding recovery of vascularized composite allografts in the normal course of business.

§ 8665.  Funeral establishments.

(a)  General rule.--Except as set forth in subsection (b), a funeral director or a funeral establishment shall not:

(1)  remove vascularized composite allografts from a corpse;

(2)  permit others to remove vascularized composite allografts from a corpse; or

(3)  use funeral establishment facilities to remove vascularized composite allografts from a corpse.

(b)  Exception.--Subsection (a) shall not apply and removal is permissible if the removal is:

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

(2)  authorized in writing by a family member or guardian.

§ 8666.  Limitation on liability.

A person who acts in good faith in accordance with the provisions of this subchapter shall not be subject to criminal or civil liability arising from any action taken under this subchapter. The civil immunity provided by this section shall not extend to persons if damages result from the gross negligence, recklessness or intentional misconduct of the person. The criminal immunity provided by this section shall not extend to intentional, knowing or reckless conduct.