HOUSE AMENDED
PRIOR PRINTER'S NO. 82
PRINTER'S NO. 1529
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
108
Session of
2017
INTRODUCED BY SABATINA, VULAKOVICH, ARGALL, BLAKE, YUDICHAK,
FONTANA, COSTA, LANGERHOLC, HAYWOOD, RAFFERTY, BREWSTER,
HUGHES, BROWNE, FOLMER, BOSCOLA, McGARRIGLE AND FARNESE,
JANUARY 13, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 2018
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in anatomical gifts,
further providing for manner of executing anatomical gifts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8613 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 8613. Manner of executing anatomical gifts.
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(g) Rights and protections for certain individuals.--
(1) (i) An individual who is a candidate to receive 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
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individualized evaluation of the potential recipient
INDIVIDUAL to be medically significant to the provision
of the anatomical gift.
(ii) 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.
(iii) The provisions of this subsection shall apply
to each part of the organ transplant process.
(2) The court shall accord priority on its calendar and
expeditiously proceed with an action brought to seek any
remedy authorized by law for purposes of enforcing compliance
with the provisions of this section.
(3) The provisions of this section shall not be deemed
to require referrals or recommendations for, or the
performance of, medically inappropriate organ transplants.
(4) (2) As used in this subsection, the term
"disability" shall have the same meaning as in the Americans
with Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327).
Section 2. This act shall take effect immediately.
20170SB0108PN1529 - 2 -
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