Regular Session 2017-2018 Senate Bill 0180 P.N. 1530

PRIOR PRINTER'S NO. 923

PRINTER'S NO. 1530

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

180

Session of

2017

INTRODUCED BY GREENLEAF, ARGALL, YAW, BREWSTER, BOSCOLA,

YUDICHAK, COSTA, LAUGHLIN, BROWNE AND TARTAGLIONE,

JUNE 7, 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 definitions, for persons who may

execute anatomical gift, for persons who may become donees

and purposes for which anatomical gifts may be made, for

manner of executing anatomical gifts, for amendment or

revocation of gift, for rights and duties at death, for

requests for anatomical gifts, for use of driver's license or

identification card to indicate organ or tissue donation, for

The Governor Robert P. Casey Memorial Organ and Tissue

Donation Awareness Trust Fund contributions, for The Governor

Robert P. Casey Memorial Organ and Tissue Donation Awareness

Trust Fund, for confidentiality requirement and for

prohibited activities, providing for promotion of organ and

tissue donation, establishing the Donate Life PA Registry,

providing for facilitation of anatomical gift from decedent

whose death is under investigation, for collaboration among

departments and organ procurement organizations, for

information relative to organ and tissue donation, for

requirements for physician and nurse training relative to

organ and tissue donation and recovery, for uniformity of

application and construction, for relation to Electronic

Signatures in Global and National Commerce Act and for study

of organizations and repealing provisions relating to corneal

transplants.

AMENDING TITLE 20 (DECEDENTS, ESTATES AND FIDUCIARIES) OF THE

PENNSYLVANIA CONSOLIDATED STATUTES, IN OWNERSHIP OF PROPERTY

AND LEGAL TITLE AND EQUITABLE ESTATE, FURTHER PROVIDING FOR

RIGHT TO DISPOSE OF A DECEDENT'S REMAINS; IN HEALTH CARE,

FURTHER PROVIDING FOR EXAMPLE; IN ANATOMICAL GIFTS, FURTHER

PROVIDING FOR DEFINITIONS, PROVIDING FOR SCOPE, FURTHER

PROVIDING FOR PERSONS WHO MAY EXECUTE ANATOMICAL GIFT, FOR

<--

PERSONS WHO MAY BECOME DONEES AND PURPOSES FOR WHICH

ANATOMICAL GIFTS MAY BE MADE, FOR MANNER OF EXECUTING

ANATOMICAL GIFTS, FOR RIGHTS AND DUTIES AT DEATH, FOR

REQUESTS FOR ANATOMICAL GIFTS, FOR USE OF DRIVER'S LICENSE OR

IDENTIFICATION CARD TO INDICATE ORGAN OR TISSUE DONATION, FOR

THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE

DONATION AWARENESS TRUST FUND CONTRIBUTIONS, FOR THE GOVERNOR

ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION AWARENESS

TRUST FUND, FOR CONFIDENTIALITY REQUIREMENT AND FOR

PROHIBITED ACTIVITIES, PROVIDING FOR PROMOTION OF ORGAN AND

TISSUE DONATION, ESTABLISHING THE DONATE LIFE PA REGISTRY,

PROVIDING FOR FACILITATION OF ANATOMICAL GIFT FROM DECEDENT

WHOSE DEATH IS UNDER INVESTIGATION, FOR COLLABORATION AMONG

DEPARTMENTS AND ORGAN PROCUREMENT ORGANIZATIONS, FOR

REQUIREMENTS FOR PHYSICIAN AND NURSE TRAINING RELATIVE TO

ORGAN AND TISSUE DONATION AND RECOVERY, FOR DEPARTMENT OF

TRANSPORTATION, FOR DEPARTMENT OF CORRECTIONS, FOR STUDY OF

ORGAN PROCUREMENT ORGANIZATIONS AND FOR RELATION TO

ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT,

REPEALING PROVISIONS RELATING TO CORNEAL TRANSPLANTS AND

PROVIDING FOR VASCULARIZED COMPOSITE ALLOGRAFTS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "advisory committee," "bank or

storage facility," "decedent," "fund" and "organ procurement

organization" in section 8601 of Title 20 of the Pennsylvania

Consolidated Statutes are amended and the section is amended by

adding definitions to read:

§ 8601. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

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

"Advance health care directive." As defined in section 5422

(relating to definitions).

"Advisory committee." The Organ and Tissue Donation Advisory

Committee established under section 8622 (relating to The

Governor Robert P. Casey Memorial Organ and Tissue Donation

Awareness Trust Fund).

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<--

"Agent." Any of the following:

(1) An individual authorized to make health care

decisions on a principal's behalf under Subchapter C of

Chapter 54 (relating to health care agents and

representatives).

(2) An individual expressly authorized to make an

anatomical gift on a principal's behalf by any other record

signed by the principal.

"Anatomical gift." A donation of all or part of a human body

to take effect after the donor's death for the purpose of

transplantation, therapy, research or education.

["Bank or storage facility." A facility licensed, accredited

or approved under the laws of any state for storage of human

bodies or parts thereof.]

* * *

"Decedent." [A deceased individual, including a stillborn

infant or fetus.] A deceased individual whose body or part is or

may be the source of an anatomical gift. The term includes a

stillborn infant and, subject to restrictions imposed by other

laws, a fetus. The term does not include a blastocyst, embryo or

fetus that is the subject of an induced abortion.

"Document of gift." A donor card or other record used to

make, amend or revoke an anatomical gift. The term includes a

statement or symbol on a driver's license or identification card

or in a donor registry.

"Donate Life PA Registry." That subset of persons in the

Department of Transportation's driver's license and photo

identification card database who have elected to include the

donor designation on their record. This term shall not refer to

a separate database.

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* * *

"Donor registry." A database which contains records of

anatomical gifts. The term includes the Donate Life PA Registry.

"Eye bank." A person that is licensed, accredited or

regulated under Federal or State law to engage in the recovery,

screening, testing, processing, storage or distribution of human

eyes or portions of human eyes.

"Fund." The Governor Robert P. Casey Memorial Organ and

Tissue Donation Awareness Trust Fund established under section

8622 [(relating to The Governor Robert P. Casey Memorial Organ

and Tissue Donation Awareness Trust Fund)].

* * *

"Hospital administrator." An individual appointed by a

hospital's governing body to act on its behalf in the overall

management of the hospital. The term includes a designee of the

individual.

"Know." To have actual knowledge. When the word "known" is

used as an adjective to modify a term, the meaning is that there

is actual knowledge about the modified term.

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

"Organ." A human organ as defined in 42 CFR 121.2 (relating

to definitions).

"Organ procurement organization." An organization [that

meets the requirements of section 371 of the Public Health

Service Act (58 Stat. 682, 42 U.S.C. § 273).] designated for the

region by the United States Secretary of Health and Human

Services as an organ procurement organization.

* * *

"Person authorized or obligated to dispose of a decedent's

body." Any of the following, without regard to order of

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priority:

(1) A coroner or medical examiner having jurisdiction

over the decedent's body.

(2) A warden or director of a correctional facility

where the decedent was incarcerated.

(3) An administrator or official of a social service

agency having a relationship with the decedent.

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

(i) is authorized to make decisions with respect to

the disposition, transportation, transfer, burial or

cremation of a decedent;

(ii) is under an obligation to make decisions with

respect to the disposition, transportation, transfer,

burial or cremation of a decedent; or

(iii) voluntarily assumes responsibility for

decisions with respect to the disposition,

transportation, transfer, burial or cremation of a

decedent.

* * *

"Procurement organization." An organ procurement

organization, eye bank or tissue bank.

"Program coordinator." The Organ and Tissue Donation

Awareness Program Coordinator established in section 8622.

"Prospective donor." A person who is dead or whose death is

imminent and has been determined by a procurement organization

to have a part that could be medically suitable for

transplantation, therapy, research or education.

"Reasonably available." Able to be contacted by a

procurement organization with reasonable effort and willing and

able to exercise the decision to refuse or to authorize

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anatomical donation in a timely manner consistent with existing

medical criteria necessary to make an anatomical gift.

"Recipient." An individual into whose body a decedent's part

has been or is intended to be transplanted.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

* * *

"Tissue." A portion of the human body other than an organ or

an eye. The term does not include blood, unless the blood is

donated for the purpose of research or education.

"Tissue bank." A person that is licensed, accredited or

regulated under Federal or State law to engage in the recovery,

screening, testing, processing, storage or distribution of

tissue.

* * *

Section 2. Section 8611(a), (b) and (c) of Title 20 are

amended and the section is amended by adding a subsection to

read:

§ 8611. Persons who may execute anatomical gift.

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

of age or more may give all or any part of his body for any

purpose specified in section 8612 (relating to persons who may

become donees; purposes for which anatomical gifts may be made),

the gift to take effect upon death. [Any] An agent [acting under

a power of attorney which authorizes the agent to make

anatomical gifts] may effectuate a gift for any purpose

specified in section 8612. Any individual who is a minor and 16

years of age or older may effectuate a gift for any purpose

specified in section 8612, provided parental or guardian consent

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is deemed given. Parental or guardian consent shall be noted on

the minor's donor card, application for the donor's learner's

permit or driver's license or other document of gift. A gift of

the whole body shall be invalid unless made in writing at least

15 days prior to the date of death or consent is obtained from

the legal next of kin. Where there are adult children of the

deceased who are not children of the surviving spouse, their

consent shall also be required for a gift of the whole body for

anatomical study.

(b) [Others entitled] Entitled to donate anatomy of

decedent.--Any of the following persons who are reasonably

available, in order of priority stated, when persons in prior

classes are not reasonably available at the time of death, and

in the absence of [actual notice of contrary indications] known

objections by the decedent or [actual notice of opposition] by a

member of [the same or] a prior class, may give all or any part

of the decedent's body for any purpose specified in section

8612:

[(1) The spouse.

(2) An adult son or daughter.

(3) Either parent.

(4) An adult brother or sister.

(5) A guardian of the person of the decedent at the time

of his death.

(6) Any other person authorized or under obligation to

dispose of the body.]

(1) An agent of the decedent at the time of death who

could have made an anatomical gift under subsection (a).

(2) The spouse of the decedent, unless an action for

divorce is pending.

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(3) An adult child of the decedent.

(4) A parent of the decedent.

(5) An adult sibling of the decedent.

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

(7) An adult grandchild of the decedent.

(8) A grandparent of the decedent.

(9) Any other person related to the decedent by blood,

marriage or adoption or a person with an established

relationship with, and who exhibited special care and concern

for, the decedent.

(10) A person authorized or obligated to dispose of the

decedent's body.

(b.1) Anatomical gift prohibited.--An individual shall be

excluded from the classes listed in subsection (b) if, before an

incision has been made to remove a part from the prospective

donor's body or before invasive procedures have begun to prepare

an intended recipient, any of the following apply:

(1) The district attorney notifies the organ procurement

organization that the individual is a suspect or person of

interest in causing the disease, illness, injury or condition

of the prospective donor.

(2) The district attorney or a law enforcement officer

notifies the organ procurement organization that the

individual is the subject of a protection from abuse or any

similar order from a court that was issued to the prospective

donor.

(3) The district attorney or a law enforcement officer

notifies the organ procurement organization that the

individual has actually been arrested or detained in

connection with the condition of the prospective donor.

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

following circumstances:

(i) The donee [has actual notice of contrary

indications] knows of an objection by the decedent [or].

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

class is opposed by a reasonably available member of [the

same or] a prior class[, the donee shall not accept the

gift].

(iii) The donee knows that a gift by a member of a

class is opposed by at least 50% of the reasonably

available members of the same class.

(2) The persons authorized by subsection (b) may make

the gift after or immediately before death.

* * *

Section 3. Section 8612 of Title 20 is amended to read:

§ 8612. Persons who may become donees; purposes for which

anatomical gifts may be made.

[The following persons may become donees of gifts of bodies

or parts thereof for any of the purposes stated:

(1) Any hospital, surgeon or physician for medical or

dental education, research, advancement of medical or dental

science, therapy or transplantation.

(2) Any accredited medical or dental school, college or

university for education, research, advancement of medical or

dental science or therapy.

(3) Any bank or storage facility for medical or dental

education, research, advancement of medical or dental

science, therapy or transplantation.

(4) Any specified individual for therapy or

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transplantation needed by him.

(5) The board.]

(a) Donees.--An anatomical gift may be made to any of the

following persons named in the document of gift:

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

(i) A hospital.

(ii) An accredited medical school, dental school,

college or university.

(iii) The board.

(iv) An organ procurement organization.

(v) Any other appropriate person as permitted by

law.

(2) Subject to subsection (b), an individual designated

by the person making the anatomical gift if the individual is

the recipient of the part.

(3) A procurement organization.

(b) Directed donation.--If an anatomical gift to an

individual under subsection (a)(2) cannot be transplanted into

the individual, the part shall pass in accordance with

subsection (c) if authorized by the person making the anatomical

gift.

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

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appropriate tissue bank.

(3) If the part is an organ, the gift shall pass to the

appropriate organ procurement organization.

(4) If the gift is of the decedent's entire body, the

gift shall pass to the board.

(e) Multiple purposes.--If there is more than one purpose of

an anatomical gift set forth in the document of gift but the

purposes are not set forth in any priority, the gift shall be

used for transplantation or therapy, if suitable and enumerated

in the document of gift, and shall pass to the appropriate

procurement organization. If the gift cannot be used for

transplantation or therapy, the gift may be used for other

lawful purposes enumerated in the document of gift.

(f) Unspecified purpose.--If an anatomical gift is made in a

document of gift that does not name a person described in

subsection (a) and does not identify the purpose of the gift,

the gift may be used only for transplantation or therapy, and

the gift shall pass in accordance with subsection (d).

(g) Effect of gift.--An anatomical gift of a part is neither

a refusal to give another part nor a limitation on the making of

an anatomical gift of another part or making an anatomical gift

for another purpose at a later time by the donor or another

person.

Section 4. Section 8613(b), (d) and (e) of Title 20 are

amended and the section is amended by adding subsections to

read:

§ 8613. Manner of executing anatomical gifts.

* * *

(b) Gifts by other documents.--[A gift of all or part of the

body under section 8611(a) may also be made by document other

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than a will.] An anatomical gift may be made by other document,

including by authorizing a statement or symbol indicating that

the donor has made an anatomical gift, which shall be recorded

in a donor registry or on the donor's driver's license or

identification card. The gift becomes effective upon the death

of the donor. The document, which may be a card designed to be

carried on the person, must be signed by the donor [in the

presence of two witnesses who must sign the document in his

presence]. If the donor is mentally competent to signify his

desire to sign the document but is physically unable to do so,

the document may be signed for him by another at his direction

and in his presence in the presence of two witnesses who must

sign the document in his presence. Delivery of the document of

gift during the donor's lifetime is not necessary to make the

gift valid. If an anatomical gift is indicated on a driver's

license or an identification card, the anatomical gift is not

invalidated by revocation, suspension, expiration or

cancellation of:

(1) the driver's license under 75 Pa.C.S. Ch. 15

(relating to licensing of drivers); or

(2) the identification card by the Department of

Transportation.

* * *

[(d) Designation of person to carry out procedures.--

Notwithstanding section 8616(b) (relating to rights and duties

at death), the donor may designate in his will, card or other

document of gift the surgeon or physician to carry out the

appropriate procedures. In the absence of a designation or if

the designee is not available, the donee or other person

authorized to accept the gift may employ or authorize any

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surgeon or physician for the purpose, or, in the case of a gift

of eyes, he may employ or authorize a person who is a funeral

director licensed by the State Board of Funeral Directors, an

eye bank technician or medical student, if the person has

successfully completed a course in eye enucleation approved by

the State Board of Medical Education and Licensure, or an eye

bank technician or medical student trained under a program in

the sterile technique for eye enucleation approved by the State

Board of Medical Education and Licensure to enucleate eyes for

an eye bank for the gift after certification of death by a

physician. A qualified funeral director, eye bank technician or

medical student acting in accordance with the terms of this

subsection shall not have any liability, civil or criminal, for

the eye enucleation.]

(d.1) Reliance.--A person may rely on a document of gift or

amendment thereto as being valid unless that person knows that

it was not validly executed or was revoked.

(e) Consent not necessary.--[If a donor card, donor driver's

license, living will, durable power of attorney or other

document of gift evidencing a gift of organs or tissue has been

executed,] A donor's gift of all or any part of the individual's

body, including a designation in a registry on a driver's

license or identification card, donor card, advance health care

directive, will or other document of gift, may not be revoked by

the next-of-kin or other persons identified in section 8611(b).

The consent of any person [designated in section 8611(b)] at the

time of the donor's death or immediately thereafter is not

necessary to render the gift valid and effective.

* * *

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

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accordance with:

(1) this chapter;

(2) the law of the state or country where it was

executed; or

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

of execution of the document of gift, the person making the

anatomical gift:

(i) is domiciled;

(ii) has a place of residence; or

(iii) is a citizen.

(h) Choice of law.--If a document of gift is valid under

this section, the law of this Commonwealth governs

interpretation of the document.

(i) Refusals.--An individual may refuse to make an

anatomical gift of the individual's body or part by a writing or

record signed in the same manner as a document of gift or any

other writing or record used to identify the individual as

refusing to make an anatomical gift. An individual's unrevoked

refusal to make an anatomical gift of the individual's body or

part bars all other persons from making an anatomical gift of

the individual's body or part.

Section 5. Section 8615 of Title 20 is amended by adding

subsections to read:

§ 8615. Amendment or revocation of gift.

* * *

(d) Effectiveness of revocation.--A revocation made under

this chapter shall take effect if, before an incision has been

made to remove a part from the donor's body or before invasive

procedures have begun to prepare the recipient, the applicable

procurement organization, transplant hospital or physician or

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technician knows of the revocation.

(e) Revocation not a refusal.--A revocation made under this

chapter shall not be considered a known objection or refusal to

make a gift of one's body or a part of one's body nor a

prohibition against a person described in section 8611(b)

(relating to persons who may execute anatomical gift) making

such gift.

Section 6. Sections 8616(b), (c) and (d), 8617, 8619, 8621,

8622, 8623 and 8624 of Title 20 are amended to read:

§ 8616. Rights and duties at death.

* * *

(b) Physicians.--The time of death shall be determined by a

physician who tends the donor at his death or, if none, the

physician who certifies the death. [The physician or person who

certifies death or any of his professional partners or

associates shall not participate in the procedures for removing

or transplanting a part.]

faith in accordance with the terms of this subchapter or with

the anatomical gift laws of another state or a foreign country

is not liable for damages in any civil action or subject to

prosecution in any criminal proceeding for his act. A person

making an anatomical gift or a donor's estate shall not be

liable for injury or damage which results from the making or use

of the anatomical gift. In determining whether an anatomical

gift has been made, amended or revoked under this chapter, a

person may rely upon representations of an individual listed in

section 8611(b) relating to the individual's relationship to the

donor or prospective donor unless the person knows that the

representation is untrue.

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(d) Law on autopsies applicable.--The provisions of this

subchapter are subject to the laws of this Commonwealth

prescribing powers and duties with respect to autopsies.

Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history

record information), a procurement organization is authorized to

obtain a copy of an autopsy report in a timely fashion upon

request and payment of reasonable copying fees.

§ 8617. Requests for anatomical gifts.

[(a) Procedure.--On or before the occurrence of each death

in an acute care general hospital, the hospital shall make

contact with the regional organ procurement organization in

order to determine the suitability for organ, tissue and eye

donation for any purpose specified under this subchapter. This

contact and the disposition shall be noted on the patient's

medical record.

(b) Limitation.--If the hospital administrator or his

designee has received actual notice of opposition from any of

the persons named in section 8611(b) (relating to persons who

may execute anatomical gift) and the decedent was not in

possession of a validly executed donor card, the gift of all or

any part of the decedent's body shall not be requested.

contrary, the intent of a decedent to participate in an organ

donor program as evidenced by the possession of a validly

executed donor card, donor driver's license, living will,

durable power of attorney or other document of gift shall not be

revoked by any member of any of the classes specified in section

8611(b).

(d) Identification of potential donors.--Each acute care

general hospital shall develop within one year of the date of

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final enactment of this section, with the concurrence of the

hospital medical staff, a protocol for identifying potential

organ and tissue donors. It shall require that, at or near the

time of every individual death, all acute care general hospitals

contact by telephone their regional organ procurement

organization to determine suitability for organ, tissue and eye

donation of the individual in question. The person designated by

the acute care general hospital to contact the organ procurement

organization shall have the following information available

prior to making the contact:

(1) The patient's identifier number.

(2) The patient's age.

(3) The cause of death.

(4) Any past medical history available.

The organ procurement organization, in consultation with the

patient's attending physician or his designee, shall determine

the suitability for donation. If the organ procurement

organization in consultation with the patient's attending

physician or his designee determines that donation is not

appropriate based on established medical criteria, this shall be

noted by hospital personnel on the patient's record, and no

further action is necessary. If the organ procurement

organization in consultation with the patient's attending

physician or his designee determines that the patient is a

suitable candidate for anatomical donation, the acute care

general hospital shall initiate a request by informing the

persons and following the procedure designated under section

8611(b) of the option to donate organs, tissues or eyes. The

person initiating the request shall be an organ procurement

organization representative or a designated requestor. The organ

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procurement organization representative or designated requestor

shall ask persons pursuant to section 8611(b) whether the

deceased was an organ donor. If the person designated under

section 8611(b) does not know, then this person shall be

informed of the option to donate organs and tissues. The

protocol shall encourage discretion and sensitivity to family

circumstances in all discussions regarding donations of tissue

or organs. The protocol shall take into account the deceased

individual's religious beliefs or nonsuitability for organ and

tissue donation.

(e) Tissue procurement.--

(1) The first priority use for all tissue shall be

transplantation.

(2) Upon Department of Health approval of guidelines

pursuant to subsection (f)(1)(ii), all acute care general

hospitals shall select at least one tissue procurement

provider. A hospital shall notify the regional organ

procurement organization of its choice of tissue procurement

providers. If a hospital chooses more than one tissue

procurement provider, it may specify a rotation of referrals

by the organ procurement organization to the designated

tissue procurement providers.

(3) Until the Department of Health has approved

guidelines pursuant to subsection (f)(1)(ii), tissue

referrals at each hospital shall be rotated in a proportion

equal to the average rate of donors recovered among the

tissue procurement providers at that hospital during the two-

year period ending August 31, 1994.

(4) The regional organ procurement organization, with

the assistance of tissue procurement providers, shall submit

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an annual report to the General Assembly on the following:

(i) The number of tissue donors.

(ii) The number of tissue procurements for

transplantation.

(iii) The number of tissue procurements recovered

for research by each tissue procurement provider

operating in this Commonwealth.

(f) Guidelines.--

(1) The Department of Health, in consultation with organ

procurement organizations, tissue procurement providers and

the Hospital Association of Pennsylvania, donor recipients

and family appointed pursuant to section 8622(c)(3) (relating

to The Governor Robert P. Casey Memorial Organ and Tissue

Donation Awareness Trust Fund) shall, within six months of

the effective date of this chapter, do all of the following:

(i) Establish guidelines regarding efficient

procedures facilitating the delivery of anatomical gift

donations from receiving hospitals to procurement

providers.

(ii) Develop guidelines to assist hospitals in the

selection and designation of tissue procurement

providers.

(2) Each organ procurement organization and each tissue

procurement provider operating within this Commonwealth

shall, within six months of the effective date of this

chapter, file with the Department of Health, for public

review, its operating protocols.]

(a) Procedure.--

(1) A hospital located in this Commonwealth shall notify

the applicable designated organ procurement organization or a

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third party designated by that organization of an individual

whose death is imminent or who has died in the hospital.

Notification shall be made in a timely manner to ensure that

examination, evaluation and ascertainment of donor status as

set forth in subsection (d) can be completed within a time

frame compatible with the donation of organs and tissues for

transplant. The notification shall be made without regard to

whether the person has executed an advance directive for

health care.

(2) The following shall apply to coroners and medical

examiners:

(i) Except as set forth in subparagraph (ii), a

coroner or medical examiner shall notify the applicable

designated organ procurement organization of a person's

death in accordance with a mutually agreed-upon protocol.

Notification shall be made in a timely manner to ensure

that examination, evaluation and ascertainment of donor

status as set forth in subsection (d) can be completed

within a time frame compatible with the recovery of

tissues for transplant.

(ii) Notification under this paragraph shall not be

made if:

(A) the decedent was admitted to the hospital at

or around the time of death; or

(B) the notification to the coroner or medical

examiner occurred more than 18 hours following the

estimated time of the decedent's death.

(b) Referrals.--If an organ procurement organization

receives a referral of an individual whose death is imminent or

who has died, the organ procurement organization shall make a

20170SB0180PN1530 - 20 -

reasonable search of the records of the Donate Life PA Registry

or the applicable State donor registry that it knows exists for

the geographic area in which the individual resided or resides

in order to ascertain whether the individual has made an

anatomical gift.

(1) If the referred patient has a document of gift,

including registration with the Donate Life PA Registry, the

procurement organization representative or the designated

requestor shall attempt to notify a person listed in section

8611(b) (relating to persons who may execute anatomical gift)

of the gift.

(2) If no document of gift is known to the procurement

organization representative or the designated requestor, one

of these two individuals shall ask the persons listed in

section 8611(b) whether the decedent had a validly executed

document of gift. If there is no evidence of an anatomical

gift by the decedent, the procurement organization

representative or the designated requestor shall notify a

person listed in section 8611(b) of the option to donate

organs and tissues. The notification shall be performed in

accordance with a protocol that encourages discretion and

sensitivity to family circumstances in all discussions

regarding donations of tissue or organs. The protocol shall

take into account the deceased's religious beliefs or

nonsuitability for organ and tissue donation.

(3) The hospital administrator or that person's

designated representative shall indicate in the medical

record of the decedent:

(i) whether or not a document of gift is known to

20170SB0180PN1530 - 21 -

exist or whether a gift was made; and

(ii) if a gift was made, the name of the person

granting the gift and that person's relationship to the

decedent.

(d) Testing.--

(1) This subsection shall apply if:

(i) a hospital refers an individual who is dead or

whose death is imminent to an organ procurement

organization; and

(ii) the organ procurement organization determines,

based upon a medical record review, that the individual

may be a prospective donor.

(2) If the requirements of paragraph (1) are met, the

following shall apply:

(i) The organ procurement organization may conduct a

blood or tissue test or minimally invasive examination

which is reasonably necessary to evaluate the medical

suitability of a part that is or may be the subject of an

anatomical gift. Specific consent to testing or

examination under this subparagraph shall not be

required. The results of tests and examinations under

this subparagraph shall be used or disclosed only:

(A) to evaluate medical suitability for donation

and to facilitate the donation process; and

(B) as required or permitted by law.

(ii) The hospital may not withdraw or withhold any

measures which are necessary to maintain the medical

suitability of the part until the organ procurement

organization has:

(A) had the opportunity to advise the applicable

20170SB0180PN1530 - 22 -

persons as set forth in section 8611(b) of the option

to make an anatomical gift and has received or been

denied authorization to proceed with recovery of the

part; or

(B) ascertained that the individual made a gift

or expressed a known objection to making a gift.

(e) Testing after death.--After a donor's death, a person to

whom an anatomical gift may pass under section 8612 (relating to

persons who may become donees; purposes for which anatomical

gifts may be made) may conduct a test or examination which is

reasonably necessary to evaluate the medical suitability of the

body or part for its intended purpose.

(f) Scope.--An examination conducted under this section may

include copying of records necessary to determine the medical

suitability of the body or part. This subsection includes

medical, dental and other health-related records.

(f.1) Recipients.--

(1) Subject to the provisions of this chapter, the

rights of the person to whom a part passes under section 8612

shall be superior to the rights of all others with respect to

the part. The person may accept or reject an anatomical gift

in whole or in part.

(2) Subject to the terms of the document of gift and

this chapter, a person that accepts an anatomical gift of an

entire body may allow embalming, burial or cremation and the

use of remains in a funeral service. If the gift is of a

part, the person to whom the part passes under section 8612,

upon the death of the donor and before embalming, burial or

cremation, shall cause the part to be removed without

unnecessary mutilation.

20170SB0180PN1530 - 23 -

(f.2) Physicians.--

(1) Neither the physician who attends the decedent at

death nor the physician who determines the time of the

decedent's death may participate in the procedures for

removing or transplanting a part from the decedent.

(2) Subject to paragraph (1), a physician or technician

may remove a donated part from the body of a donor that the

physician or technician is qualified to remove.

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

(1) A hospital shall enter into agreements or

affiliations with organ procurement organizations for

coordination of procurement and use of anatomical gifts.

(2) A person, including a coroner or medical examiner,

that seeks to facilitate the making of an anatomical gift for

the purposes of transplantation or therapy from a decedent

who was not a hospital patient at the time of death shall

notify the applicable designated organ procurement

organization at or around the time of the person's death in

order to allow that organization to evaluate the potential

donation and, if applicable, coordinate the donation process.

(g) Death record review.--

(1) The Department of Health shall make annual death

record reviews at acute care general hospitals to determine

their compliance with subsection (d).

(2) To conduct a review of an acute care general

hospital, the following apply:

(i) The [Department of Health] department shall

select to carry out the review the Commonwealth-licensed

organ procurement organization designated by the [Health

Care Financing Administration] Centers for Medicare and

20170SB0180PN1530 - 24 -

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 (d), the department may impose an

administrative fine of up to $500 for each instance of

noncompliance. A fine under this paragraph is subject to 2

Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and Ch. 7 Subch. A (relating to

20170SB0180PN1530 - 25 -

judicial review of Commonwealth agency action). Fines

collected under this paragraph shall be deposited into the

fund.

(5) An organ procurement organization may, upon request

and payment of associated fees, obtain certified copies of

death records of a donor from the Division of Vital Records

of the department.

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Designated requestor." A hospital employee completing a

course offered by [an] a designated organ procurement

organization on how to approach potential donor families and

request organ or tissue donation.

"Noncompliance." Any failure on the part of a hospital to

contact an organ procurement organization as required under

subsection (d).

§ 8619. Use of driver's license or identification card to

indicate organ or tissue donation.

(a) General rule.--The Department of Transportation shall

redesign the driver's license and identification card

application system to process requests for information regarding

consent of the individual to organ or tissue donation. The

following question shall be asked on both the application for a

driver's license or identification card and on the organ donor

designation at a photo center:

Pennsylvania strongly supports organ and tissue donation

because of its life-saving and life-enhancing

opportunities.

Do you wish to have the organ donor designation printed

20170SB0180PN1530 - 26 -

on your driver's license?

Only an affirmative response of an individual shall be noted on

the front of the driver's license or identification card and

shall clearly indicate the individual's intent to donate his

organs or tissue. A notation on an individual's driver's license

or identification card that he intends to donate his organs or

tissue is deemed sufficient to satisfy all requirements for

consent to organ or tissue donation. The department shall record

and store all donor designations in the Donate Life PA Registry.

The recorded and stored designation is sufficient to satisfy all

requirements for consent to organ and tissue donation. The

recorded and stored designation is not a public record subject

to disclosure as defined in section 102 of the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(b) Electronic access.--The organ procurement organizations

designated by the Federal Government in the Commonwealth of

Pennsylvania as part of the nationwide organ procurement network

[may] shall be given 24-hour-a-day electronic access to

information necessary to confirm an individual's organ donor

status through the Department of Transportation's driver

licensing database. Necessary information shall include the

individual's name, address, date of birth, driver's license

number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114

(relating to limitation on sale, publication and disclosure of

records), the Department of Transportation is authorized to

provide the organ procurement organizations, after a written

agreement between the Department of Transportation and the organ

procurement organizations is first obtained, with the foregoing

information. The organ procurement organization shall not use

such information for any purpose other than to confirm an

20170SB0180PN1530 - 27 -

individual's organ donor status at or near or after an

individual's death. The organ procurement organizations shall

not be assessed the fee for such information prescribed by 75

Pa.C.S. § 1955(a) (relating to information concerning drivers

and vehicles).

§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue

Donation Awareness Trust Fund contributions.

(a) Driver's license.--

(1) Beginning as soon as practicable, but no later than

[January 1, 1995] 10 months after the effective date of this

paragraph, the Department of Transportation shall provide an

applicant for an original or renewal driver's license or

identification card the opportunity to make a contribution of

[$1] $3 to the fund. The contribution shall be added to the

regular fee for an original or renewal driver's license or

identification card. One contribution may be made for each

issuance or renewal of a license or identification card.

Contributions shall be used exclusively for the purposes set

out in section 8622 (relating to The Governor Robert P. Casey

Memorial Organ and Tissue Donation Awareness Trust Fund).

(2) The Department of Transportation shall monthly

determine the total amount designated under this section and

shall report that amount to the State Treasurer, who shall

transfer that amount to [The Governor Robert P. Casey

Memorial Organ and Tissue Donation Awareness Trust Fund] the

fund.

(3) The fund shall reimburse the Department of

Transportation for the costs incurred in the initial

development and implementation of the contribution program,

as well as any additional costs that may arise from changes

20170SB0180PN1530 - 28 -

that are agreed to by both the department and the Organ and

Tissue Donation Advisory Committee.

(b) Vehicle registration.--[The]

(1) Beginning as soon as practicable, but no later than

10 months after the effective date of this paragraph, the

Department of Transportation shall provide an applicant for a

renewal vehicle registration the opportunity to make a

contribution of [$1] $3 to [The Governor Robert P. Casey

Memorial Organ and Tissue Donation Awareness Trust Fund] the

fund. The contribution shall be added to the regular fee for

a renewal of a vehicle registration. One contribution may be

made for each renewal vehicle registration. Contributions

shall be used exclusively for the purposes described in

section 8622.

(2) The Department of Transportation shall monthly

determine the total amount designated under this section and

shall report that amount to the State Treasurer, who shall

transfer that amount to [The Governor Robert P. Casey

Memorial Organ and Tissue Donation Awareness Trust Fund] the

fund.

(3) The [Governor Robert P. Casey Memorial Organ and

Tissue Donation Awareness Trust Fund] fund shall reimburse

the department for the initial costs incurred in the

development and implementation of the contribution program

[under this subsection.], as well as any additional costs

that may arise from changes that are agreed to by both the

department and the Organ and Tissue Donation Advisory

Committee.

(4) The General Fund shall reimburse the Department of

Transportation for the actual annual operating costs of the

20170SB0180PN1530 - 29 -

program for vehicle registrations as described in this

subsection [subject to the following limits: For the first

fiscal year during which this subsection is effective, the

General Fund shall reimburse the Department of Transportation

for the actual operating costs of the program in this

subsection up to a maximum of $100,000. For each fiscal year

thereafter, the General Fund shall reimburse the Department

of Transportation for the actual operating costs of the

program in this subsection in an amount not to exceed the

prior year's actual operating costs on a full fiscal year

basis plus 3%. The amounts approved by the Governor as

necessary are hereby appropriated from the General Fund for

this purpose].

of this subsection, the official Internet website of the

department shall provide links through which individuals may

make voluntary contributions of at least $1 to the fund,

electronically. The links shall be provided at least in

connection with the issuance of driver's licenses, personal

identification cards and registration of motor vehicles.

§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue

Donation Awareness Trust Fund.

(a) Establishment.--All contributions received by the

Department of Transportation under section 8621 (relating to The

Governor Robert P. Casey Memorial Organ and Tissue Donation

Awareness Trust Fund contributions) [and the Department of

Revenue under section 8618 (relating to voluntary contribution

system)] and the Department of Health under section 8617

(relating to requests for anatomical gifts) shall be deposited

into a special fund in the State Treasury to be known as The

20170SB0180PN1530 - 30 -

Governor Robert P. Casey Memorial Organ and Tissue Donation

Awareness Trust Fund, which is hereby established.

(b) Appropriation.--All [moneys] money deposited in the fund

and interest which accrues from [those funds are] the money in

the fund is appropriated on a continuing basis subject to the

approval of the Governor to compensate the Department of

Transportation, the Department of Health and the Department of

Revenue for actual costs related to implementation of this

chapter, including all costs of the Organ and Tissue Donation

Advisory Committee created in subsection [(c)] (c.1). Any

remaining [funds are] money is appropriated subject to the

approval of the Governor for the following purposes:

(1) [10%] Ten percent of the total fund may be expended

annually by the Department of Health for reasonable hospital

and other medical expenses, funeral expenses and incidental

expenses incurred by the donor or donor's family in

connection with making [a vital organ donation.] an organ or

tissue donation, along with programming, to provide support

services to organ and tissue donors and their families, such

as bereavement counseling services. Such expenditures shall

not exceed $3,000 per donor and shall only be made directly

to the funeral home, hospital or other service provider

related to the donation. No part of the fund shall be

transferred directly to the donor's family, next of kin or

estate. The advisory committee shall develop procedures,

including the development of a pilot program, necessary for

effectuating the purposes of this paragraph.

(2) [50%] Fifty percent may be expended for grants to

certified organ procurement organizations for the development

and implementation of organ donation awareness programs in

20170SB0180PN1530 - 31 -

this Commonwealth. The Department of Health shall develop and

administer this grant program, which is hereby established.

(3) [15%] Fifteen percent may be expended by the

Department of Health, in cooperation with certified organ

procurement organizations, for the Project-Make-A-Choice

program, which shall include information pamphlets designed

by the Department of Health relating to organ donor awareness

and the laws regarding organ donation, public information and

public education about contributing to the fund when

obtaining or renewing a driver's license and when completing

a State individual income tax return form.

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

Department of Education for the implementation of organ

donation awareness programs in the secondary schools in this

Commonwealth.

[(c) Advisory committee.--The Organ Donation Advisory

Committee is hereby established, with membership as follows:

(1) Two representatives of organ procurement

organizations.

(2) Two representatives of tissue procurement providers.

(3) Six members representative of organ, tissue and eye

recipients, families of recipients and families of donors.

(4) Three representatives of acute care hospitals.

(5) One representative of the Department of Health.

(6) One representative of eye banks.

All members shall be appointed by the Governor. Appointments

shall be made in a manner that provides representation of the

northwest, north central, northeast, southwest, south central

and southeast regions of this Commonwealth. Members shall serve

five-year terms. The Governor may reappoint advisory committee

20170SB0180PN1530 - 32 -

members for successive terms. Members of the advisory committee

shall remain in office until a successor is appointed and

qualified. If vacancies occur prior to completion of a term, the

Governor shall appoint another member in accordance with this

subsection to fill the unexpired term. The advisory committee

shall meet at least biannually to review progress in the area of

organ and tissue donation in this Commonwealth, recommend

education and awareness training programs, recommend priorities

in expenditures from the fund and advise the Secretary of Health

on matters relating to administration of the fund. The advisory

committee shall recommend legislation as it deems necessary to

fulfill the purposes of this chapter. The advisory committee

shall submit a report concerning its activities and progress to

the General Assembly within 30 days prior to the expiration of

each legislative session. The Department of Health shall

reimburse members of the advisory committee for all necessary

and reasonable travel and other expenses incurred in the

performance of their duties under this section.]

(c.1) Advisory committee.--

(1) The Organ and Tissue Donation Advisory Committee is

established. Membership shall be as follows:

(i) The Secretary of Education or a designee.

(ii) The Secretary of Health or a designee.

(iii) The Secretary of Transportation or a designee.

(iv) One representative from each designated organ

procurement organization.

(v) Two representatives of tissue procurement

providers.

(vi) Six members representative of:

(A) organ, tissue and eye recipients;

20170SB0180PN1530 - 33 -

(B) families of recipients;

(D) families of donors.

(vii) Two representatives of acute care hospitals

which are:

(A) licensed in this Commonwealth; and

(B) members of the Statewide association

representing the interests of hospitals throughout

this Commonwealth.

(viii) One representative of eye banks.

(ix) One representative of community health

organizations.

(x) One elected county coroner of this Commonwealth.

(xi) The Majority Leader and Minority Leader of the

Senate and the Majority Leader and Minority Leader of the

House of Representatives or their designees.

(2) A member under paragraph (1)(i), (ii) and (iii)

shall serve ex officio.

(3) For a member under paragraph (1)(iv), (v), (vi),

(vii), (viii), (ix) and (x), the following apply:

(i) Members shall be appointed in a manner which

reflects geographic diversity. Input on the selection of

the representatives under paragraph (1)(vii) shall be

sought from the Statewide association referred to in

paragraph (1)(vii)(B).

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

(iii) The Governor may reappoint an advisory

committee member for successive terms.

(iv) A member shall remain in office until a

successor is appointed and qualified.

20170SB0180PN1530 - 34 -

(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 chapter.

(5) The advisory committee shall submit a report

concerning the advisory committee's activities and progress

to the Secretary of the Senate and the Chief Clerk of the

House of Representatives by October 31 of each even-numbered

year.

(6) The Department of Health shall reimburse members of

the advisory committee only for necessary and reasonable

travel and other expenses incurred in the performance of

their duties under this subsection.

(d) Reports.--The Department of Health, the Department of

Transportation and the Department of Education shall submit an

annual report to the General Assembly on expenditures of fund

[moneys] money and any progress made in [reducing the number of

potential donors who were not identified] increasing the number

20170SB0180PN1530 - 35 -

of donor designations.

[(e) Definition.--As used in this section, the term "vital

organ" means a heart, lung, liver, kidney, pancreas, small

bowel, large bowel or stomach for the purpose of

transplantation.]

(f) Lead Commonwealth agency.--

(1) The Department of Health shall be the lead

Commonwealth agency responsible for promoting organ and

tissue donation in this Commonwealth and shall coordinate

activities among other collaborating Commonwealth agencies

and stakeholders.

(2) Within the Department of Health there is established

a full-time position of Organ and Tissue Donation Awareness

Program Coordinator. The following apply:

(i) The Department of Health shall be reimbursed by

the fund for the actual cost of the program coordinator

position.

(ii) The program coordinator has the following

powers and duties:

(A) Assist in administration of the fund.

(B) Serve as a full-time liaison to the advisory

committee and assist the advisory committee in

program development, projects, funding proposals and

priorities.

agencies. This clause shall include working with the

Department of Transportation to ensure that driver's

license centers promote organ and tissue donation and

comply with agreed-upon arrangements to display

information and materials.

20170SB0180PN1530 - 36 -

(D) Assist designated organ procurement

organizations in their collaborations with other

Commonwealth agencies.

(E) Provide input to designated procurement

organizations regarding training of individuals

performing notifications under section 8617(c). Such

training shall encourage discretion and sensitivity

to family circumstances and the circumstances of the

potential donor's death in all discussions regarding

donations of tissue or organs and take into account

the potential donor's religious beliefs or

nonsuitability for organ and tissue donation.

(F) Assist in resolving issues that may arise in

hospitals in this Commonwealth regarding donation.

§ 8623. Confidentiality requirement.

[The identity of the donor and of the recipient may not be

communicated unless expressly authorized by the recipient and

next of kin of the decedent.]

(a) General rule.--Except as provided in subsection (b), no

procurement organization may divulge any individually

identifiable information acquired in the course of performing

its responsibilities under this chapter except for the purposes

of facilitating organ, eye or tissue donation and

transplantation or as otherwise required under applicable laws.

(b) Donors and recipients.--A procurement organization may

communicate individually identifiable information of the donor

and recipient if expressly authorized by:

(1) the recipient; and

(2) if the donor is alive, the donor, or if the donor is

deceased, the next of kin of the donor.

20170SB0180PN1530 - 37 -

§ 8624. Prohibited activities.

[(a) Affiliates.--No organ procurement organization selected

by the Department of Health under section 8617(g) (relating to

requests for anatomical gifts) to conduct annual death reviews

may use that review authority or any powers or privileges

granted thereby to coerce or attempt to coerce a hospital to

select the organization or any tissue procurement provider

contractually affiliated with the organization as a designated

tissue procurement provider under section 8617(e).

(b) Unfair acts.--No organ procurement organization or

tissue procurement provider may disparage the services or

business of other procurement providers by false or misleading

representations of fact, engage in any other fraudulent conduct

to influence the selection by a hospital of a qualified tissue

procurement provider nor engage in unlawful competition or

discrimination. This subsection is not intended to restrict or

preclude any organ procurement organization or tissue

procurement provider from marketing or promoting its services in

the normal course of business.]

(1) A procurement organization shall not do any of the

following:

(i) Disparage the services or business of another

procurement organization by false or misleading

representations of fact.

(ii) Engage in fraudulent conduct to influence the

selection by a hospital of a tissue bank or eye bank.

(iii) Engage in unlawful competition or

discrimination.

(2) This subsection is not intended to restrict or

20170SB0180PN1530 - 38 -

preclude an organ procurement organization from marketing or

promoting its services in the normal course of business.

(d) Funeral establishments.--

(1) Except as set forth in paragraph (2), a funeral

director or a funeral establishment shall not:

(i) remove body parts from a corpse;

(ii) permit others to remove body parts from a

corpse; or

(iii) use funeral establishment facilities to remove

body parts from a corpse.

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

(i) Removal is permissible if it is:

(A) necessary to perform embalming or other

services in preparation for burial or cremation; and

(B) authorized in writing by a family member,

guardian or other person responsible for disposition

of the body.

(ii) Notwithstanding any other provision of law, if

a donation is authorized under this chapter, a designated

organ procurement organization and a Pennsylvania

nonprofit eye bank accredited by the Eye Bank Association

of America may recover donated ocular tissue, including

the whole eye, cornea and sclera, and associated blood

specimens at a funeral establishment.

(3) If a funeral director is notified by a person

authorized to make donations under this chapter that the

person wishes to donate body parts from a corpse within the

funeral director's custody, the funeral director shall

immediately notify the procurement organizations designated

to serve that region.

20170SB0180PN1530 - 39 -

Section 7. Title 20 is amended by adding sections to read:

§ 8625. Promotion of organ and tissue donation and Donate Life

PA Registry established.

(a) Promotion.--The Department of Transportation shall

ensure access by residents of this Commonwealth to an Internet-

based interface which promotes organ and tissue donation and

enables residents 18 years of age or older who hold a

Pennsylvania driver's license or identification card to register

as donors and have their decisions immediately integrated into

the current database maintained by the department. The database

shall include only affirmative donation decisions.

(b) Paper form.--

(1) Within one year of the effective date of this

section, the department shall establish a system which allows

individuals who have been issued a driver's license or

identification card to add their donor designation to the

Donate Life PA Registry by submitting a form to the

department.

(2) Registration shall be provided at no cost to the

registrant.

maintained by the department for recording donor designations

and Internet-based interface established in this section shall

be known as the Donate Life PA Registry.

(d) Form and content.--The form and content of the Internet-

based interface shall be maintained in collaboration with the

designated procurement organizations.

(e) Effect.--

(1) Donor information entered into the Donate Life PA

Registry shall supersede prior conflicting information:

20170SB0180PN1530 - 40 -

(i) provided to the Donate Life PA Registry;

(ii) on the individual's physical driver's license

or identification card;

(iii) on an advance health care directive;

(iv) submitted under section 8611 (relating to

persons who may execute anatomical gift); or

(v) submitted under any other statutory provision.

(2) Registration by a donor shall constitute sufficient

authorization to donate organs and tissues for

transplantation and therapy. Authorization of another person

shall not be necessary to effectuate the anatomical gift.

(f) Technology.--An information technology system adopted by

the department after the effective date of this section shall

continue to accommodate the inclusion of donor designation

information into the database and the ongoing operation of the

Donate Life PA Registry.

§ 8626. Facilitation of anatomical gift from decedent whose

death is under investigation.

(a) Coordination.--

(1) Upon identification of a prospective donor, a

procurement organization shall, within a reasonable time,

notify the coroner or medical examiner of the county in which

the prospective donor is located.

(2) Upon notification as described in paragraph (1), a

coroner or medical examiner intending to investigate a

prospective donor's death shall, to the extent applicable and

reasonable under the circumstances:

(i) Notify the coroner or medical examiner of the

county in which the cause precipitating the prospective

donor's death is believed to have occurred, who shall

20170SB0180PN1530 - 41 -

then cause the district attorney of the county to be

notified in accordance with internal county protocols.

(ii) Notify the applicable procurement organization

of any change in jurisdiction.

(3) Procurement organizations shall in all cases

cooperate with the coroner or medical examiner in order to

facilitate the preservation and collection of forensic

evidence. Procurement organizations shall not move or cause

to be moved a prospective donor without authorization of the

coroner or medical examiner having jurisdiction. Upon

request, a procurement organization shall provide or assist

the coroner or medical examiner in obtaining:

(i) Medical records.

(ii) Photographs.

(iii) Specimens, including blood and tissue.

(iv) Laboratory and diagnostic test results.

(v) Any other available information.

(4) If applicable, the coroner or medical examiner shall

timely notify the procurement organization of any additional

requests from the coroner, medical examiner or district

attorney of the county where the cause of death is believed

to have occurred, including scheduling the recovery procedure

to permit their attendance where the scheduling can be done

in a time frame consistent with facilitating anatomical

donation. Attendance may be in person or, if in-person

attendance is not possible in a time frame consistent with

facilitating anatomical donation and, if available, by

electronic communication which includes a live visual

depiction of the recovery procedure.

(5) Notwithstanding the provisions of 18 Pa.C.S. Ch. 91

20170SB0180PN1530 - 42 -

(relating to criminal history record information), a coroner

or medical examiner shall, upon request, release to the

procurement organization the name, contact information and

available medical history of a decedent whose death is under

investigation.

(b) Facilitation of donation.--Where a coroner or medical

examiner has jurisdiction in the case of a prospective organ or

tissue donor, the coroner or medical examiner shall have the

final authority to allow or disallow an anatomical gift and the

following shall apply:

(1) If the coroner or medical examiner is considering

denying recovery of one or more organs or tissue intended for

transplant or therapy, the coroner or medical examiner shall

notify the applicable procurement organization.

(2) For a denial to be valid, attendance of the coroner,

medical examiner or designee may be in person or, if in-

person attendance is not possible in a time frame consistent

with facilitating anatomical donation, attendance shall be by

electronic communication which includes a live visual

depiction of the recovery procedure. The following shall

apply:

(i) No removal of the organ or tissue shall occur if

the coroner or medical examiner or designee has denied

recovery in accordance with this section.

(ii) The applicable procurement organization shall

reimburse the coroner or medical examiner for the

reasonable costs of attendance at the recovery procedure.

or district attorney, the physician or technician recovering an

organ under this section shall provide a report and, if

20170SB0180PN1530 - 43 -

necessary, be available to provide testimony in any proceeding,

detailing the condition of the organ and the recovery procedure.

Reasonable costs associated with a physician or technician's

providing testimony under this section shall be paid by the

designated procurement organization.

(d) Timing.--The requirements of this section shall be

performed in a manner and time frame consistent with anatomical

donation.

§ 8627. Collaboration among departments and procurement

organizations.

(a) Mandatory.--

(1) For purposes of the ongoing development and

implementation of the Donate Life PA Registry, the Department

of Transportation shall collaborate with the designated

procurement organizations in applying for Federal or private

grants recommended by the organ procurement organizations.

(2) The department, in consultation with designated

procurement organizations, shall establish an annual

education program for photo license technicians of the

department.

(b) Discretionary.--Other Commonwealth agencies may

collaborate with the designated procurement organizations in

applying for Federal or private grants recommended by the organ

procurement organizations.

§ 8628. Information relative to organ and tissue donation.

(a) Curriculum.--The Department of Education, in

consultation with the designated procurement organizations,

shall review the Commonwealth's educational curriculum framework

to ensure that information about organ and tissue donation is

included in the standards for students in grades 9 through 12

20170SB0180PN1530 - 44 -

beginning with the 2019-2020 school year.

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

(1) Emphasize the benefits of organ and tissue donation

to the health and well-being of society generally and to

individuals whose lives are saved by organ and tissue

donations so that students will be motivated to make an

affirmative decision to register as a donor when they become

adults.

(2) Fully address myths and misunderstandings regarding

organ and tissue donation.

(3) Explain the options available to minors and adults,

including the option of designating oneself as an organ and

tissue donor.

instructional materials available to public and nonpublic

schools educating students in grades 9 through 12. The General

Assembly shall encourage nonpublic schools to use the

instructional materials. Nothing in this subsection shall be

construed to require nonpublic schools to use the instructional

materials.

(d) Institutions of higher education.--

(1) Beginning with the 2019-2020 school year, each

public institution of higher education in this Commonwealth

shall provide, in collaboration with the designated

procurement organizations, information to its students,

either through student health services or as part of the

curriculum, which:

(i) emphasizes the benefits to the health and well-

being of society and the lives that are saved through

organ and tissue donations; and

20170SB0180PN1530 - 45 -

(ii) instills knowledge which will enable

individuals to make informed decisions about registering

to become an organ and tissue donor.

(2) Beginning with the 2019-2020 school year, each

private institution of higher education in this Commonwealth

is encouraged to provide, in collaboration with the

designated procurement organizations, information to its

students, either through student health services or as part

of the curriculum, which:

(i) emphasizes the benefits to the health and well-

being of society and the lives that are saved through

organ and tissue donations; and

(ii) instills knowledge which will enable

individuals to make informed decisions about registering

to become an organ and tissue donor.

§ 8629. Requirements for physician and nurse training relative

to organ and tissue donation and recovery.

(a) Regulations.--The State Board of Medicine, the State

Board of Osteopathic Medicine and the State Board of Nursing

shall, in collaboration with the designated procurement

organizations, promulgate regulations stating the following

requirements for physician and professional nurse training:

(1) The curriculum in each college of medicine or

osteopathy or educational program of professional nursing in

this Commonwealth shall include two hours of instruction in

organ and tissue donation and recovery designed to address

clinical aspects of the donation and recovery process.

(2) Successful completion of organ and tissue donation

and recovery instruction under paragraph (1) shall be

required as a condition of receiving the degree of doctor of

20170SB0180PN1530 - 46 -

medicine or doctor of osteopathy or a degree in professional

nursing, in this Commonwealth.

(3) A college of medicine or osteopathy or nursing

program which includes instruction in organ and tissue

donation and recovery under paragraph (1) in its curricula

shall offer this training for continuing education credit.

(b) Statement of policy.--The State Board of Medicine, the

State Board of Osteopathic Medicine and the State Board of

Nursing shall issue a statement of policy encouraging physicians

and nurses who, prior to the effective date of this section,

were not required to receive and did not receive instruction in

organ and tissue donation and recovery as part of a medical,

osteopathic or nursing school curriculum to complete the

training within three years after the effective date of this

section. The training may be completed through an online,

credit-based course developed by or for the designated

procurement organizations, in collaboration with representative

professional medical, osteopathic and nursing organizations in

this Commonwealth.

§ 8630. Uniformity of application and construction.

In applying and construing the provisions of this chapter,

consideration shall be given to the need to promote uniformity

of the law with respect to its subject matter among those states

which enact a uniform act.

§ 8631. 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

20170SB0180PN1530 - 47 -

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.

§ 8632. Study of organizations.

(a) Study.--The Legislative Budget and Finance Committee

shall conduct a study and evaluation of the funding of certified

organ procurement organizations operating in this Commonwealth.

The study shall include an analysis of the following:

(1) 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).

(2) A breakdown of all sources of income received by

each organ procurement organization.

(3) The percentage of money used for the following:

(i) lobbying expenses;

(ii) number of staff and salary ranges;

(iii) fundraising activities and amounts raised;

(iv) money received from other health or disease

related organizations;

(v) assets, including real estate, as reported on

the Federal 990 tax return;

(vi) auditing requirements or rules utilized by the

organization; and

(vii) information relating to Federal contracts or

contracts with other states.

(b) Date.--The study under subsection (a) shall be completed

within one year of the effective date of this subsection. Copies

shall by submitted to the following:

(1) The Health and Human Services Committee of the

20170SB0180PN1530 - 48 -

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.

Section 8. Subchapter C of Chapter 86 of Title 20 is

repealed:

[SUBCHAPTER C

CORNEAL TRANSPLANTS

§ 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,

20170SB0180PN1530 - 49 -

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.]

Section 9. This act shall take effect as follows:

(1) The amendment of 20 Pa.C.S. § 8621 shall take effect

immediately.

(2) This section shall take effect immediately.

(3) The addition of 20 Pa.C.S. § 8632 shall take effect

in 90 days.

(4) The remainder of this act shall take effect in 60

days.

SECTION 1. SECTIONS 305(D)(2) AND 5471 OF TITLE 20 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

§ 305. RIGHT TO DISPOSE OF A DECEDENT'S REMAINS.

* * *

(D) PROCEDURE.--WHERE A PETITION ALLEGING ENDURING

ESTRANGEMENT, INCOMPETENCE, CONTRARY INTENT OR WAIVER AND

AGREEMENT IS MADE WITHIN 48 HOURS OF THE DEATH OR DISCOVERY OF

THE BODY OF THE DECEDENT, WHICHEVER IS LATER, A COURT MAY ORDER

THAT NO FINAL DISPOSITION OF THE DECEDENT'S REMAINS TAKE PLACE

UNTIL A FINAL DETERMINATION IS MADE ON THE PETITION. NOTICE TO

EACH PERSON WITH EQUAL OR HIGHER PRECEDENCE THAN THE PETITIONER

TO THE RIGHT TO DISPOSE OF THE DECEDENT'S REMAINS AND TO HIS

20170SB0180PN1530 - 50 -

<--

ATTORNEY IF KNOWN AND TO THE FUNERAL HOME OR OTHER INSTITUTION

WHERE THE BODY IS BEING HELD MUST BE PROVIDED CONCURRENTLY WITH

THE FILING OF THE PETITION. A SUITABLE BOND MAY BE REQUIRED BY

THE COURT.

* * *

(2) IF TWO [OR MORE] PERSONS WITH EQUAL STANDING AS NEXT

OF KIN DISAGREE ON DISPOSITION OF THE DECEDENT'S REMAINS, THE

AUTHORITY TO DISPOSE SHALL BE DETERMINED BY THE COURT, WITH

PREFERENCE GIVEN TO THE PERSON WHO HAD THE CLOSEST

RELATIONSHIP WITH THE DECEASED. IF MORE THAN TWO PERSONS WITH

EQUAL STANDING AS NEXT OF KIN DISAGREE ON DISPOSITION OF THE

DECEDENT'S REMAINS, THE AUTHORITY TO DISPOSE SHALL BE

DETERMINED BY THE MAJORITY. WHERE TWO OR MORE PERSONS WITH

EQUAL STANDING CANNOT REACH A MAJORITY DECISION, THE COURT

SHALL MAKE A FINAL DETERMINATION ON DISPOSITION OF THE

DECEDENT'S REMAINS.

* * *

§ 5471. EXAMPLE.

THE FOLLOWING IS AN EXAMPLE OF A DOCUMENT THAT COMBINES A

LIVING WILL AND HEALTH CARE POWER OF ATTORNEY:

DURABLE HEALTH CARE POWER OF ATTORNEY

AND HEALTH CARE TREATMENT INSTRUCTIONS

(LIVING WILL)

PART I

INTRODUCTORY REMARKS ON

HEALTH CARE DECISION MAKING

YOU HAVE THE RIGHT TO DECIDE THE TYPE OF HEALTH CARE YOU

WANT.

SHOULD YOU BECOME UNABLE TO UNDERSTAND, MAKE OR

COMMUNICATE DECISIONS ABOUT MEDICAL CARE, YOUR WISHES FOR

20170SB0180PN1530 - 51 -

MEDICAL TREATMENT ARE MOST LIKELY TO BE FOLLOWED IF YOU

EXPRESS THOSE WISHES IN ADVANCE BY:

(1) NAMING A HEALTH CARE AGENT TO DECIDE TREATMENT

FOR YOU; AND

(2) GIVING HEALTH CARE TREATMENT INSTRUCTIONS TO

YOUR HEALTH CARE AGENT OR HEALTH CARE PROVIDER.

AN ADVANCE HEALTH CARE DIRECTIVE IS A WRITTEN SET OF

INSTRUCTIONS EXPRESSING YOUR WISHES FOR MEDICAL TREATMENT.

[IT]

NOTICE ABOUT ANATOMICAL DONATION

THIS DOCUMENT MAY ALSO CONTAIN DIRECTIONS REGARDING

WHETHER YOU WISH TO DONATE AN ORGAN, TISSUE OR EYES. UNDER

PENNSYLVANIA LAW, DONATING A PART OF THE BODY FOR

TRANSPLANTATION OR RESEARCH IS A VOLUNTARY ACT. YOU DO NOT

HAVE TO DONATE AN ORGAN, TISSUE, EYE OR OTHER PART OF THE

BODY. HOWEVER, IT IS IMPORTANT THAT YOU MAKE YOUR WISHES

ABOUT ANATOMICAL DONATION KNOWN, JUST AS IT IS IMPORTANT TO

MAKE YOUR CHOICES ABOUT END-OF-LIFE CARE KNOWN.

SURGEONS HAVE MADE GREAT STRIDES IN THE FIELD OF ORGAN

DONATION AND CAN NOW TRANSPLANT HANDS, FACIAL TISSUE AND

LIMBS. A HAND, FACIAL TISSUE AND A LIMB ARE EXAMPLES OF WHAT

IS KNOWN AS A VASCULARIZED COMPOSITE ALLOGRAFT. UNDER

PENNSYLVANIA LAW, EXPLICIT AND SPECIFIC CONSENT TO DONATE

HANDS, FACIAL TISSUE, LIMBS OR OTHER VASCULARIZED COMPOSITE

ALLOGRAFTS MUST BE GIVEN. YOU MAY USE THIS DOCUMENT TO MAKE

CLEAR YOUR WISH TO DONATE OR NOT TO DONATE HANDS, FACIAL

TISSUE OR LIMBS.

UNDER PENNSYLVANIA LAW, THE ORGAN DONOR DESIGNATION ON

THE DRIVER'S LICENSE AUTHORIZES THE INDIVIDUAL TO DONATE WHAT

WE TRADITIONALLY THINK OF AS ORGANS (HEART, LUNG, LIVER,

20170SB0180PN1530 - 52 -

KIDNEY) AND TISSUE AND DOES NOT AUTHORIZE THE INDIVIDUAL TO

DONATE HANDS, FACIAL TISSUE, LIMBS OR OTHER VASCULARIZED

COMPOSITE ALLOGRAFTS.

DETAILED INFORMATION ABOUT ANATOMICAL DONATION, INCLUDING

THE PROCEDURE USED TO RECOVER ORGANS, TISSUES AND EYES, CAN

BE FOUND ON THE DEPARTMENT OF TRANSPORTATION'S INTERNET

WEBSITE. INFORMATION ABOUT THE DONATION OF HANDS, FACIAL

TISSUE AND LIMBS CAN ALSO BE FOUND ON THE DEPARTMENT OF

TRANSPORTATION'S INTERNET WEBSITE.

YOU MAY WISH TO CONSULT WITH YOUR PHYSICIAN OR YOUR

ATTORNEY TO DETERMINE WHETHER THE PROCEDURE FOR MAKING AN

ANATOMICAL DONATION IS COMPATIBLE WITH FULFILLING YOUR

SPECIFIC CHOICES FOR END-OF-LIFE CARE. IN ADDITION, YOU MAY

WANT TO CONSULT WITH CLERGY REGARDING WHETHER YOU WANT TO

DONATE AN ORGAN, A HAND, FACIAL TISSUE OR LIMB OR OTHER PART

OF THE BODY. IT IS IMPORTANT TO UNDERSTAND THAT DONATING A

HAND, LIMB OR FACIAL TISSUE MAY HAVE AN IMPACT ON FUNERAL

ARRANGEMENTS AND THAT AN OPEN CASKET MAY NOT BE POSSIBLE.

AN ADVANCE HEALTH CARE DIRECTIVE MAY CONTAIN A HEALTH

CARE POWER OF ATTORNEY, WHERE YOU NAME A PERSON CALLED A

"HEALTH CARE AGENT" TO DECIDE TREATMENT FOR YOU, AND A LIVING

WILL, WHERE YOU TELL YOUR HEALTH CARE AGENT AND HEALTH CARE

PROVIDERS YOUR CHOICES REGARDING THE INITIATION,

CONTINUATION, WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING

TREATMENT AND OTHER SPECIFIC DIRECTIONS REGARDING END-OF-LIFE

CARE AND YOUR VIEWS REGARDING ORGAN AND TISSUE DONATION.

YOU MAY LIMIT YOUR HEALTH CARE AGENT'S INVOLVEMENT IN

DECIDING YOUR MEDICAL TREATMENT SO THAT YOUR HEALTH CARE

AGENT WILL SPEAK FOR YOU ONLY WHEN YOU ARE UNABLE TO SPEAK

FOR YOURSELF OR YOU MAY GIVE YOUR HEALTH CARE AGENT THE POWER

20170SB0180PN1530 - 53 -

TO SPEAK FOR YOU IMMEDIATELY. THIS COMBINED FORM GIVES YOUR

HEALTH CARE AGENT THE POWER TO SPEAK FOR YOU ONLY WHEN YOU

ARE UNABLE TO SPEAK FOR YOURSELF. A LIVING WILL CANNOT BE

FOLLOWED UNLESS YOUR ATTENDING PHYSICIAN DETERMINES THAT YOU

LACK THE ABILITY TO UNDERSTAND, MAKE OR COMMUNICATE HEALTH

CARE DECISIONS FOR YOURSELF AND YOU ARE EITHER PERMANENTLY

UNCONSCIOUS OR YOU HAVE AN END-STAGE MEDICAL CONDITION, WHICH

IS A CONDITION THAT WILL RESULT IN DEATH DESPITE THE

INTRODUCTION OR CONTINUATION OF MEDICAL TREATMENT. YOU, AND

NOT YOUR HEALTH CARE AGENT, REMAIN RESPONSIBLE FOR THE COST

OF YOUR MEDICAL CARE.

IF YOU DO NOT WRITE DOWN YOUR WISHES ABOUT YOUR HEALTH

CARE IN ADVANCE, AND IF LATER YOU BECOME UNABLE TO

UNDERSTAND, MAKE OR COMMUNICATE THESE DECISIONS, THOSE WISHES

MAY NOT BE HONORED BECAUSE THEY MAY REMAIN UNKNOWN TO OTHERS.

A HEALTH CARE PROVIDER WHO REFUSES TO HONOR YOUR WISHES

ABOUT HEALTH CARE MUST TELL YOU OF ITS REFUSAL AND HELP TO

TRANSFER YOU TO A HEALTH CARE PROVIDER WHO WILL HONOR YOUR

WISHES.

YOU SHOULD GIVE A COPY OF YOUR ADVANCE HEALTH CARE

DIRECTIVE (A LIVING WILL, HEALTH CARE POWER OF ATTORNEY OR A

DOCUMENT CONTAINING BOTH) TO YOUR HEALTH CARE AGENT, YOUR

PHYSICIANS, FAMILY MEMBERS AND OTHERS WHOM YOU EXPECT WOULD

LIKELY ATTEND TO YOUR NEEDS IF YOU BECOME UNABLE TO

UNDERSTAND, MAKE OR COMMUNICATE DECISIONS ABOUT MEDICAL CARE.

IF YOUR HEALTH CARE WISHES CHANGE, TELL YOUR PHYSICIAN AND

WRITE A NEW ADVANCE HEALTH CARE DIRECTIVE TO REPLACE YOUR OLD

ONE. IF YOUR WISHES ABOUT DONATING AN ORGAN, TISSUE OR EYES

CHANGE, TELL YOUR PHYSICIAN AND WRITE A NEW ADVANCE HEALTH

CARE DIRECTIVE TO REPLACE YOUR OLD ONE. IF YOU DO NOT WISH TO

20170SB0180PN1530 - 54 -

DONATE A HAND, FACIAL TISSUE OR LIMB, IT IS IMPORTANT TO MAKE

THAT CLEAR IN YOUR ADVANCE HEALTH CARE DIRECTIVE OR HEALTH

CARE POWER OF ATTORNEY, OR BOTH. IT IS IMPORTANT IN SELECTING

A HEALTH CARE AGENT THAT YOU CHOOSE A PERSON YOU TRUST WHO IS

LIKELY TO BE AVAILABLE IN A MEDICAL SITUATION WHERE YOU

CANNOT MAKE DECISIONS FOR YOURSELF. YOU SHOULD INFORM THAT

PERSON THAT YOU HAVE APPOINTED HIM OR HER AS YOUR HEALTH CARE

AGENT AND DISCUSS YOUR BELIEFS AND VALUES WITH HIM OR HER SO

THAT YOUR HEALTH CARE AGENT WILL UNDERSTAND YOUR HEALTH CARE

OBJECTIVES[.], INCLUDING WHETHER YOU WANT TO LIMIT OR

WITHHOLD LIFE-SUSTAINING MEASURES IN THE EVENT THAT YOU

BECOME PERMANENTLY UNCONSCIOUS OR HAVE AN END-STAGE MEDICAL

CONDITION. YOU SHOULD ALSO TELL YOUR HEALTH CARE AGENT

WHETHER YOU WANT TO DONATE ORGANS, TISSUE, EYES OR OTHER

PARTS OF THE BODY AND WHETHER YOU WANT TO MAKE A DONATION OF

YOUR HANDS, FACIAL TISSUE OR LIMBS. IT IS IMPORTANT TO

UNDERSTAND THAT IF YOU DECIDE TO DONATE A HAND, LIMB OR

FACIAL TISSUE IT MAY IMPACT FUNERAL ARRANGEMENTS AND THAT AN

OPEN CASKET MAY NOT BE POSSIBLE.

YOU MAY WISH TO CONSULT WITH KNOWLEDGEABLE, TRUSTED

INDIVIDUALS SUCH AS FAMILY MEMBERS, YOUR PHYSICIAN OR CLERGY

WHEN CONSIDERING AN EXPRESSION OF YOUR VALUES AND HEALTH CARE

WISHES. YOU ARE FREE TO CREATE YOUR OWN ADVANCE HEALTH CARE

DIRECTIVE TO CONVEY YOUR WISHES REGARDING MEDICAL TREATMENT.

THE FOLLOWING FORM IS AN EXAMPLE OF AN ADVANCE HEALTH CARE

DIRECTIVE THAT COMBINES A HEALTH CARE POWER OF ATTORNEY WITH

A LIVING WILL.

NOTES ABOUT THE USE OF THIS FORM

IF YOU DECIDE TO USE THIS FORM OR CREATE YOUR OWN ADVANCE

HEALTH CARE DIRECTIVE, YOU SHOULD CONSULT WITH YOUR PHYSICIAN

20170SB0180PN1530 - 55 -

AND YOUR ATTORNEY TO MAKE SURE THAT YOUR WISHES ARE CLEARLY

EXPRESSED AND COMPLY WITH THE LAW.

IF YOU DECIDE TO USE THIS FORM BUT DISAGREE WITH ANY OF

ITS STATEMENTS, YOU MAY CROSS OUT THOSE STATEMENTS.

YOU MAY ADD COMMENTS TO THIS FORM OR USE YOUR OWN FORM TO

HELP YOUR PHYSICIAN OR HEALTH CARE AGENT DECIDE YOUR MEDICAL

CARE.

THIS FORM IS DESIGNED TO GIVE YOUR HEALTH CARE AGENT

BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU WHENEVER

YOU CANNOT MAKE THEM FOR YOURSELF. IT IS ALSO DESIGNED TO

EXPRESS A DESIRE TO LIMIT OR AUTHORIZE CARE IF YOU HAVE AN

END-STAGE MEDICAL CONDITION OR ARE PERMANENTLY UNCONSCIOUS.

IF YOU DO NOT DESIRE TO GIVE YOUR HEALTH CARE AGENT BROAD

POWERS, OR YOU DO NOT WISH TO LIMIT YOUR CARE IF YOU HAVE AN

END-STAGE MEDICAL CONDITION OR ARE PERMANENTLY UNCONSCIOUS,

YOU MAY WISH TO USE A DIFFERENT FORM OR CREATE YOUR OWN. YOU

SHOULD ALSO USE A DIFFERENT FORM IF YOU WISH TO EXPRESS YOUR

PREFERENCES IN MORE DETAIL THAN THIS FORM ALLOWS OR IF YOU

WISH FOR YOUR HEALTH CARE AGENT TO BE ABLE TO SPEAK FOR YOU

IMMEDIATELY. IN THESE SITUATIONS, IT IS PARTICULARLY

IMPORTANT THAT YOU CONSULT WITH YOUR ATTORNEY AND PHYSICIAN

TO MAKE SURE THAT YOUR WISHES ARE CLEARLY EXPRESSED[.],

INCLUDING WHETHER YOU WANT TO LIMIT OR WITHHOLD LIFE-

SUSTAINING MEASURES IN THE EVENT THAT YOU BECOME PERMANENTLY

UNCONSCIOUS OR HAVE AN END-STAGE MEDICAL CONDITION AND

WHETHER YOU WISH TO DONATE A PART OF THE BODY FOR

TRANSPLANTATION OR RESEARCH. YOU SHOULD ALSO CLEARLY EXPRESS

WHETHER OR NOT YOU WISH TO DONATE HANDS, FACIAL TISSUE OR

LIMBS.

THIS FORM ALLOWS YOU TO TELL YOUR HEALTH CARE AGENT YOUR

20170SB0180PN1530 - 56 -

GOALS IF YOU HAVE AN END-STAGE MEDICAL CONDITION OR OTHER

EXTREME AND IRREVERSIBLE MEDICAL CONDITION, SUCH AS ADVANCED

ALZHEIMER'S DISEASE. DO YOU WANT MEDICAL CARE APPLIED

AGGRESSIVELY IN THESE SITUATIONS OR WOULD YOU CONSIDER SUCH

AGGRESSIVE MEDICAL CARE BURDENSOME AND UNDESIRABLE?

YOU MAY CHOOSE WHETHER YOU WANT YOUR HEALTH CARE AGENT TO

BE BOUND BY YOUR INSTRUCTIONS OR WHETHER YOU WANT YOUR HEALTH

CARE AGENT TO BE ABLE TO DECIDE AT THE TIME WHAT COURSE OF

TREATMENT THE HEALTH CARE AGENT THINKS MOST FULLY REFLECTS

YOUR WISHES AND VALUES.

IF YOU ARE A WOMAN AND DIAGNOSED AS BEING PREGNANT AT THE

TIME A HEALTH CARE DECISION WOULD OTHERWISE BE MADE PURSUANT

TO THIS FORM, THE LAWS OF THIS COMMONWEALTH PROHIBIT

IMPLEMENTATION OF THAT DECISION IF IT DIRECTS THAT LIFE-

SUSTAINING TREATMENT, INCLUDING NUTRITION AND HYDRATION, BE

WITHHELD OR WITHDRAWN FROM YOU, UNLESS YOUR ATTENDING

PHYSICIAN AND AN OBSTETRICIAN WHO HAVE EXAMINED YOU CERTIFY

IN YOUR MEDICAL RECORD THAT THE LIFE-SUSTAINING TREATMENT:

(1) WILL NOT MAINTAIN YOU IN SUCH A WAY AS TO PERMIT THE

CONTINUING DEVELOPMENT AND LIVE BIRTH OF THE UNBORN CHILD;

(2) WILL BE PHYSICALLY HARMFUL TO YOU; OR

(3) WILL CAUSE PAIN TO YOU THAT CANNOT BE ALLEVIATED BY

MEDICATION.

A PHYSICIAN IS NOT REQUIRED TO PERFORM A PREGNANCY TEST ON

YOU UNLESS THE PHYSICIAN HAS REASON TO BELIEVE THAT YOU MAY

BE PREGNANT.

PENNSYLVANIA LAW PROTECTS YOUR HEALTH CARE AGENT AND

HEALTH CARE PROVIDERS FROM ANY LEGAL LIABILITY FOR FOLLOWING

IN GOOD FAITH YOUR WISHES AS EXPRESSED IN THE FORM OR BY YOUR

HEALTH CARE AGENT'S DIRECTION. IT DOES NOT OTHERWISE CHANGE

20170SB0180PN1530 - 57 -

PROFESSIONAL STANDARDS OR EXCUSE NEGLIGENCE IN THE WAY YOUR

WISHES ARE CARRIED OUT. IF YOU HAVE ANY QUESTIONS ABOUT THE

LAW, CONSULT AN ATTORNEY FOR GUIDANCE.

THIS FORM AND EXPLANATION IS NOT INTENDED TO TAKE THE

PLACE OF SPECIFIC LEGAL OR MEDICAL ADVICE FOR WHICH YOU

SHOULD RELY UPON YOUR OWN ATTORNEY AND PHYSICIAN.

PART II

DURABLE HEALTH CARE POWER OF ATTORNEY

I,........................, OF....................

COUNTY, PENNSYLVANIA, APPOINT THE PERSON NAMED BELOW TO BE MY

HEALTH CARE AGENT TO MAKE HEALTH AND PERSONAL CARE DECISIONS

FOR ME.

EFFECTIVE IMMEDIATELY AND CONTINUOUSLY UNTIL MY DEATH OR

REVOCATION BY A WRITING SIGNED BY ME OR SOMEONE AUTHORIZED TO

MAKE HEALTH CARE TREATMENT DECISIONS FOR ME, I AUTHORIZE ALL

HEALTH CARE PROVIDERS OR OTHER COVERED ENTITIES TO DISCLOSE

TO MY HEALTH CARE AGENT, UPON MY AGENT'S REQUEST, ANY

INFORMATION, ORAL OR WRITTEN, REGARDING MY PHYSICAL OR MENTAL

HEALTH, INCLUDING, BUT NOT LIMITED TO, MEDICAL AND HOSPITAL

RECORDS AND WHAT IS OTHERWISE PRIVATE, PRIVILEGED, PROTECTED

OR PERSONAL HEALTH INFORMATION, SUCH AS HEALTH INFORMATION AS

DEFINED AND DESCRIBED IN THE HEALTH INSURANCE PORTABILITY AND

ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW 104-191, 110 STAT.

1936), THE REGULATIONS PROMULGATED THEREUNDER AND ANY OTHER

STATE OR LOCAL LAWS AND RULES. INFORMATION DISCLOSED BY A

HEALTH CARE PROVIDER OR OTHER COVERED ENTITY MAY BE

REDISCLOSED AND MAY NO LONGER BE SUBJECT TO THE PRIVACY RULES

PROVIDED BY 45 C.F.R. PT. 164.

THE REMAINDER OF THIS DOCUMENT WILL TAKE EFFECT WHEN AND

ONLY WHEN I LACK THE ABILITY TO UNDERSTAND, MAKE OR

20170SB0180PN1530 - 58 -

COMMUNICATE A CHOICE REGARDING A HEALTH OR PERSONAL CARE

DECISION AS VERIFIED BY MY ATTENDING PHYSICIAN. MY HEALTH

CARE AGENT MAY NOT DELEGATE THE AUTHORITY TO MAKE DECISIONS.

MY HEALTH CARE AGENT HAS ALL OF THE FOLLOWING POWERS

SUBJECT TO THE HEALTH CARE TREATMENT INSTRUCTIONS THAT FOLLOW

IN PART III (CROSS OUT ANY POWERS YOU DO NOT WANT TO GIVE

YOUR HEALTH CARE AGENT):

1. TO AUTHORIZE, WITHHOLD OR WITHDRAW MEDICAL CARE AND

SURGICAL PROCEDURES.

2. TO AUTHORIZE, WITHHOLD OR WITHDRAW NUTRITION (FOOD)

OR HYDRATION (WATER) MEDICALLY SUPPLIED BY TUBE THROUGH MY

NOSE, STOMACH, INTESTINES, ARTERIES OR VEINS.

3. TO AUTHORIZE MY ADMISSION TO OR DISCHARGE FROM A

MEDICAL, NURSING, RESIDENTIAL OR SIMILAR FACILITY AND TO MAKE

AGREEMENTS FOR MY CARE AND HEALTH INSURANCE FOR MY CARE,

INCLUDING HOSPICE AND/OR PALLIATIVE CARE.

4. TO HIRE AND FIRE MEDICAL, SOCIAL SERVICE AND OTHER

SUPPORT PERSONNEL RESPONSIBLE FOR MY CARE.

5. TO TAKE ANY LEGAL ACTION NECESSARY TO DO WHAT I HAVE

DIRECTED.

6. TO REQUEST THAT A PHYSICIAN RESPONSIBLE FOR MY CARE

ISSUE A DO-NOT-RESUSCITATE (DNR) ORDER, INCLUDING AN OUT-OF-

HOSPITAL DNR ORDER, AND SIGN ANY REQUIRED DOCUMENTS AND

CONSENTS.

7. TO AUTHORIZE OR REFUSE TO AUTHORIZE DONATION OF WHAT

WE TRADITIONALLY THINK OF AS ORGANS (FOR EXAMPLE, HEART,

LUNG, LIVER, KIDNEY) , TISSUE, EYES OR OTHER PARTS OF THE

BODY.

8. TO AUTHORIZE OR REFUSE TO AUTHORIZE DONATION OF

HANDS, FACIAL TISSUE, LIMBS OR OTHER VASCULARIZED COMPOSITE

20170SB0180PN1530 - 59 -

ALLOGRAFTS.

APPOINTMENT OF HEALTH CARE AGENT

I APPOINT THE FOLLOWING HEALTH CARE AGENT:

HEALTH CARE AGENT:...................................

(NAME AND RELATIONSHIP)

ADDRESS:.............................................

.....................................................

TELEPHONE NUMBER: HOME............. WORK............

E-MAIL:..............................................

IF YOU DO NOT NAME A HEALTH CARE AGENT, HEALTH CARE PROVIDERS

WILL ASK YOUR FAMILY OR AN ADULT WHO KNOWS YOUR PREFERENCES

AND VALUES FOR HELP IN DETERMINING YOUR WISHES FOR TREATMENT.

NOTE THAT YOU MAY NOT APPOINT YOUR DOCTOR OR OTHER HEALTH

CARE PROVIDER AS YOUR HEALTH CARE AGENT UNLESS RELATED TO YOU

BY BLOOD, MARRIAGE OR ADOPTION.

IF MY HEALTH CARE AGENT IS NOT READILY AVAILABLE OR IF MY

HEALTH CARE AGENT IS MY SPOUSE AND AN ACTION FOR DIVORCE

IS FILED BY EITHER OF US AFTER THE DATE OF THIS DOCUMENT,

I APPOINT THE PERSON OR PERSONS NAMED BELOW IN THE ORDER

NAMED. (IT IS HELPFUL, BUT NOT REQUIRED, TO NAME

ALTERNATIVE HEALTH CARE AGENTS.)

FIRST ALTERNATIVE HEALTH CARE AGENT:.................

(NAME AND RELATIONSHIP)

ADDRESS:.............................................

.....................................................

TELEPHONE NUMBER: HOME............. WORK............

E-MAIL:..............................................

SECOND ALTERNATIVE HEALTH CARE AGENT:................

(NAME AND RELATIONSHIP)

ADDRESS:.............................................

20170SB0180PN1530 - 60 -

.....................................................

TELEPHONE NUMBER: HOME............. WORK............

E-MAIL:..............................................

GUIDANCE FOR HEALTH CARE AGENT (OPTIONAL) GOALS

IF I HAVE AN END-STAGE MEDICAL CONDITION OR OTHER EXTREME

IRREVERSIBLE MEDICAL CONDITION, MY GOALS IN MAKING MEDICAL

DECISIONS ARE AS FOLLOWS (INSERT YOUR PERSONAL PRIORITIES

SUCH AS COMFORT, CARE, PRESERVATION OF MENTAL FUNCTION,

ETC.):...................................................

.........................................................

SEVERE BRAIN DAMAGE OR BRAIN DISEASE

IF I SHOULD SUFFER FROM SEVERE AND IRREVERSIBLE BRAIN

DAMAGE OR BRAIN DISEASE WITH NO REALISTIC HOPE OF SIGNIFICANT

RECOVERY, I WOULD CONSIDER SUCH A CONDITION INTOLERABLE AND

THE APPLICATION OF AGGRESSIVE MEDICAL CARE TO BE BURDENSOME.

I THEREFORE REQUEST THAT MY HEALTH CARE AGENT RESPOND TO ANY

INTERVENING (OTHER AND SEPARATE) LIFE-THREATENING CONDITIONS

IN THE SAME MANNER AS DIRECTED FOR AN END-STAGE MEDICAL

CONDITION OR STATE OF PERMANENT UNCONSCIOUSNESS AS I HAVE

INDICATED BELOW.

INITIALS..............I AGREE

INITIALS..............I DISAGREE

PART III

HEALTH CARE TREATMENT INSTRUCTIONS IN THE EVENT

OF END-STAGE MEDICAL CONDITION

OR PERMANENT UNCONSCIOUSNESS

(LIVING WILL)

THE FOLLOWING HEALTH CARE TREATMENT INSTRUCTIONS EXERCISE

20170SB0180PN1530 - 61 -

MY RIGHT TO MAKE MY OWN HEALTH CARE DECISIONS. THESE

INSTRUCTIONS ARE INTENDED TO PROVIDE CLEAR AND CONVINCING

EVIDENCE OF MY WISHES TO BE FOLLOWED WHEN I LACK THE CAPACITY

TO UNDERSTAND, MAKE OR COMMUNICATE MY TREATMENT DECISIONS:

IF I HAVE AN END-STAGE MEDICAL CONDITION (WHICH WILL

RESULT IN MY DEATH, DESPITE THE INTRODUCTION OR CONTINUATION

OF MEDICAL TREATMENT) OR AM PERMANENTLY UNCONSCIOUS SUCH AS

AN IRREVERSIBLE COMA OR AN IRREVERSIBLE VEGETATIVE STATE AND

THERE IS NO REALISTIC HOPE OF SIGNIFICANT RECOVERY, ALL OF

THE FOLLOWING APPLY (CROSS OUT ANY TREATMENT INSTRUCTIONS

WITH WHICH YOU DO NOT AGREE):

1. I DIRECT THAT I BE GIVEN HEALTH CARE TREATMENT TO

RELIEVE PAIN OR PROVIDE COMFORT EVEN IF SUCH TREATMENT MIGHT

SHORTEN MY LIFE, SUPPRESS MY APPETITE OR MY BREATHING, OR BE

HABIT FORMING.

2. I DIRECT THAT ALL LIFE PROLONGING PROCEDURES BE

WITHHELD OR WITHDRAWN. YOU MAY WANT TO CONSULT WITH YOUR

PHYSICIAN AND ATTORNEY IN ORDER TO DETERMINE WHETHER YOUR

DESIGNATED CHOICES REGARDING END-OF-LIFE CARE ARE COMPATIBLE

WITH ANATOMICAL DONATION. IN ORDER TO DONATE AN ORGAN YOUR

BODY MAY NEED TO BE MAINTAINED ON ARTIFICIAL SUPPORT AFTER

YOU HAVE BEEN DECLARED DEAD TO FACILITATE ANATOMICAL

DONATION. DETAILED INFORMATION ABOUT THE PROCEDURE FOR BEING

DECLARED BRAIN DEAD OR DEAD BY LACK OF CARDIAC FUNCTION AND

INFORMATION ABOUT ORGAN DONATION CAN BE FOUND ON THE

DEPARTMENT OF TRANSPORTATION'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE.

3. I SPECIFICALLY DO NOT WANT ANY OF THE FOLLOWING AS

LIFE PROLONGING PROCEDURES: (IF YOU WISH TO RECEIVE ANY OF

THESE TREATMENTS, WRITE "I DO WANT" AFTER THE TREATMENT)

20170SB0180PN1530 - 62 -

HEART-LUNG RESUSCITATION (CPR)....................

MECHANICAL VENTILATOR (BREATHING MACHINE).........

DIALYSIS (KIDNEY MACHINE).........................

SURGERY...........................................

CHEMOTHERAPY......................................

RADIATION TREATMENT...............................

ANTIBIOTICS.......................................

PLEASE INDICATE WHETHER YOU WANT NUTRITION (FOOD) OR

HYDRATION (WATER) MEDICALLY SUPPLIED BY A TUBE INTO YOUR

NOSE, STOMACH, INTESTINE, ARTERIES, OR VEINS IF YOU HAVE AN

END-STAGE MEDICAL CONDITION OR ARE PERMANENTLY UNCONSCIOUS

AND THERE IS NO REALISTIC HOPE OF SIGNIFICANT RECOVERY.

(INITIAL ONLY ONE STATEMENT.)

TUBE FEEDINGS

........I WANT TUBE FEEDINGS TO BE GIVEN

NO TUBE FEEDINGS

........I DO NOT WANT TUBE FEEDINGS TO BE GIVEN.

4. I SPECIFICALLY DO NOT WANT TO BE ON ARTIFICIAL

SUPPORT AFTER I AM DECLARED DEAD. ......................

HEALTH CARE AGENT'S USE OF INSTRUCTIONS

(INITIAL ONE OPTION ONLY).

........MY HEALTH CARE AGENT MUST FOLLOW THESE

INSTRUCTIONS.

........THESE INSTRUCTIONS ARE ONLY GUIDANCE.

MY HEALTH CARE AGENT SHALL HAVE FINAL SAY AND MAY

OVERRIDE ANY OF MY INSTRUCTIONS. (INDICATE ANY

EXCEPTIONS)...................................

..............................................

20170SB0180PN1530 - 63 -

IF I DID NOT APPOINT A HEALTH CARE AGENT, THESE

INSTRUCTIONS SHALL BE FOLLOWED.

LEGAL PROTECTION

PENNSYLVANIA LAW PROTECTS MY HEALTH CARE AGENT AND HEALTH

CARE PROVIDERS FROM ANY LEGAL LIABILITY FOR THEIR GOOD FAITH

ACTIONS IN FOLLOWING MY WISHES AS EXPRESSED IN THIS FORM OR

IN COMPLYING WITH MY HEALTH CARE AGENT'S DIRECTION. ON BEHALF

OF MYSELF, MY EXECUTORS AND HEIRS, I FURTHER HOLD MY HEALTH

CARE AGENT AND MY HEALTH CARE PROVIDERS HARMLESS AND

INDEMNIFY THEM AGAINST ANY CLAIM FOR THEIR GOOD FAITH ACTIONS

IN RECOGNIZING MY HEALTH CARE AGENT'S AUTHORITY OR IN

FOLLOWING MY TREATMENT INSTRUCTIONS.

[ORGAN DONATION (INITIAL ONE OPTION ONLY.)

........ I CONSENT TO DONATE MY ORGANS AND TISSUES AT THE

TIME OF MY DEATH FOR THE PURPOSE OF TRANSPLANT,

MEDICAL STUDY OR EDUCATION. (INSERT ANY

LIMITATIONS YOU DESIRE ON DONATION OF SPECIFIC

ORGANS OR TISSUES OR USES FOR DONATION OF ORGANS

AND TISSUES.)

........ I DO NOT CONSENT TO DONATE MY ORGANS OR TISSUES

AT THE TIME OF MY DEATH.]

SIGNATURE..................................................

INFORMATION ABOUT ANATOMICAL DONATION

DONATING AN ORGAN OR OTHER PART OF THE BODY IS A

VOLUNTARY ACT. UNDER PENNSYLVANIA LAW, YOU DO NOT HAVE TO

DONATE AN ORGAN OR ANY OTHER PART OF YOUR BODY. IT IS

IMPORTANT TO KNOW THE EFFECT OF ORGAN DONATION ON YOUR

DECISIONS ABOUT END-OF-LIFE CARE SO THAT YOUR WISHES ABOUT

END-OF-LIFE CARE WILL BE FULFILLED. IF SOMEONE WISHES TO

20170SB0180PN1530 - 64 -

BECOME AN ORGAN DONOR, THE PERSON MAY BE KEPT ON ARTIFICIAL

SUPPORT AFTER THE PERSON HAS BEEN DECLARED DEAD TO FACILITATE

ANATOMICAL DONATION. DETAILED INFORMATION ABOUT THE PROCEDURE

FOR RECOVERING ORGANS AND OTHER PARTS OF THE BODY AND

DETAILED INFORMATION ABOUT BRAIN DEATH AND CARDIAC DEATH MAY

BE FOUND ON THE DEPARTMENT OF TRANSPORTATION'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

UNDER PENNSYLVANIA LAW, THE ORGAN DONOR DESIGNATION ON

THE DRIVER'S LICENSE AUTHORIZES THE INDIVIDUAL TO DONATE WHAT

WE TRADITIONALLY THINK OF AS ORGANS (FOR EXAMPLE, HEART,

LUNG, LIVER, KIDNEY) AND TISSUE AND DOES NOT AUTHORIZE THE

INDIVIDUAL TO DONATE HANDS, FACIAL TISSUE, LIMBS OR OTHER

VASCULARIZED COMPOSITE ALLOGRAFTS.

UNDER PENNSYLVANIA LAW, EXPLICIT AND SPECIFIC CONSENT TO

DONATE HANDS, FACIAL TISSUE, LIMBS AND OTHER VASCULARIZED

COMPOSITE ALLOGRAFTS IS NEEDED. DONATION OF THESE PARTS OF

THE BODY IS VOLUNTARY. INFORMATION ABOUT THE PROCEDURE TO

TRANSPLANT HANDS, FACIAL TISSUE AND LIMBS CAN BE FOUND ON THE

DEPARTMENT OF TRANSPORTATION'S PUBLICLY ACCESSIBLE INTERNET

WEBSITE. IT IS IMPORTANT TO KNOW THAT DONATING A HAND, LIMB

OR FACIAL TISSUE MAY IMPACT FUNERAL ARRANGEMENTS AND THAT AN

OPEN CASKET MAY NOT BE POSSIBLE.

ORGAN DONATION

........I CONSENT TO MAKING AN ANATOMICAL GIFT. THIS GIFT

DOES NOT INCLUDE HANDS, FACIAL TISSUE, LIMBS OR OTHER

VASCULARIZED COMPOSITE ALLOGRAFTS. I UNDERSTAND THAT IF I

WANT TO DONATE A HAND, FACIAL TISSUE, LIMB OR OTHER

VASCULARIZED COMPOSITE ALLOGRAFT, THERE IS ANOTHER PLACE IN

THIS DOCUMENT FOR ME TO DO SO. I ALSO UNDERSTAND THE HOSPITAL

MAY PROVIDE ARTIFICIAL SUPPORT, WHICH MAY INCLUDE A

20170SB0180PN1530 - 65 -

VENTILATOR, AFTER I AM DECLARED DEAD IN ORDER TO FACILITATE

DONATION. I CONSENT TO MAKING A GIFT OF THE FOLLOWING PARTS

OF MY BODY FOR TRANSPLANTATION OR RESEARCH (PLEASE INSERT ANY

LIMITATIONS YOU DESIRE ON DONATION OF SPECIFIC ORGANS OR

TISSUES OR EYES OR ANY LIMITATION ON THE USE OF A DONATED

PART OF THE BODY):

...........................................................

SIGNATURE..........................DATE....................

GIFT OF HANDS, FACIAL TISSUE, LIMBS AND OTHER VASCULARIZED

COMPOSITE ALLOGRAFTS

........I CONSENT TO MAKING A GIFT OF MY HANDS, FACIAL

TISSUE, LIMBS OR OTHER VASCULARIZED COMPOSITE ALLOGRAFTS. I

ALSO UNDERSTAND THAT I HAVE THE OPTION OF REQUESTING

RECONSTRUCTION OF MY BODY IN PREPARATION FOR BURIAL AND THAT

ANONYMITY OF IDENTITY MAY NOT BE ABLE TO BE PROTECTED IN THE

CASE OF DONATION OF HANDS, FACIAL TISSUE OR LIMBS. I ALSO

UNDERSTAND THAT BURIAL ARRANGEMENTS MAY BE AFFECTED AND THAT

AN OPEN CASKET MAY NOT BE POSSIBLE. I ALSO UNDERSTAND THAT

THE HOSPITAL MAY PROVIDE ARTIFICIAL SUPPORT, WHICH MAY

INCLUDE A VENTILATOR, AFTER I AM DECLARED DEAD IN ORDER TO

FACILITATE DONATION.

PLEASE INSERT ANY LIMITATIONS YOU DESIRE ON DONATION OF

HANDS, FACIAL TISSUE, LIMBS OR OTHER VASCULARIZED COMPOSITE

ALLOGRAFTS AND WHETHER YOU REQUEST RECONSTRUCTIVE SURGERY

BEFORE BURIAL:

...........................................................

20170SB0180PN1530 - 66 -

SIGNATURE..........................DATE....................

........IF I HAVE CONSENTED TO MAKING A GIFT OF AN ORGAN,

HAND, FACIAL TISSUE, LIMB OR OTHER PART OF MY BODY WHICH

REQUIRES THE PROVISION OF ARTIFICIAL SUPPORT BY THE HOSPITAL

IN ORDER TO FACILITATE DONATION, I REQUEST THAT MEDICINE BE

PROVIDED SO I DO NOT FEEL PAIN DURING THE TESTING OR RECOVERY

PROCESS.

SIGNATURE..........................DATE....................

........I DO NOT CONSENT TO DONATING MY ORGANS, TISSUES

OR ANY OTHER PART OF MY BODY, INCLUDING HANDS, FACIAL TISSUE,

LIMBS OR OTHER VASCULARIZED COMPOSITE ALLOGRAFTS. THIS

PROVISION SERVES AS A REFUSAL TO DONATE ANY PART OF MY BODY.

THIS PROVISION ALSO SERVES AS A REVOCATION OF ANY PRIOR

DECISION I HAVE MADE TO DONATE ORGANS, TISSUES OR OTHER PARTS

OF MY BODY, INCLUDING HANDS, FACIAL TISSUE, LIMBS OR OTHER

VASCULARIZED COMPOSITE ALLOGRAFT MADE IN A PRIOR DOCUMENT,

INCLUDING A DRIVER'S LICENSE, WILL, POWER OF ATTORNEY, HEALTH

CARE POWER OF ATTORNEY OR OTHER DOCUMENT.

SIGNATURE..........................DATE....................

HAVING CAREFULLY READ THIS DOCUMENT, I HAVE SIGNED IT

THIS.......DAY OF............., 20..., REVOKING ALL PREVIOUS

HEALTH CARE POWERS OF ATTORNEY AND HEALTH CARE TREATMENT

INSTRUCTIONS.

...........................................................

(SIGN FULL NAME HERE FOR HEALTH CARE POWER OF ATTORNEY AND

HEALTH CARE TREATMENT INSTRUCTIONS)

WITNESS:.......................

TWO WITNESSES AT LEAST 18 YEARS OF AGE ARE REQUIRED BY

PENNSYLVANIA LAW AND SHOULD WITNESS YOUR SIGNATURE IN EACH

20170SB0180PN1530 - 67 -

OTHER'S PRESENCE. A PERSON WHO SIGNS THIS DOCUMENT ON BEHALF

OF AND AT THE DIRECTION OF A PRINCIPAL MAY NOT BE A WITNESS.

(IT IS PREFERABLE IF THE WITNESSES ARE NOT YOUR HEIRS, NOR

YOUR CREDITORS, NOR EMPLOYED BY ANY OF YOUR HEALTH CARE

PROVIDERS.)

NOTARIZATION (OPTIONAL)

(NOTARIZATION OF DOCUMENT IS NOT REQUIRED BY PENNSYLVANIA

LAW, BUT IF THE DOCUMENT IS BOTH WITNESSED AND NOTARIZED, IT

IS MORE LIKELY TO BE HONORED BY THE LAWS OF SOME OTHER

STATES.)

ON THIS..........DAY OF .............., 20...., BEFORE ME

PERSONALLY APPEARED THE AFORESAID DECLARANT AND PRINCIPAL, TO

ME KNOWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE

FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT HE/SHE EXECUTED

THE SAME AS HIS/HER FREE ACT AND DEED.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND

AFFIXED MY OFFICIAL SEAL IN THE COUNTY OF............., STATE

OF.............. THE DAY AND YEAR FIRST ABOVE WRITTEN.

.............................. ..........................

NOTARY PUBLIC MY COMMISSION EXPIRES

SECTION 2. THE DEFINITIONS OF "ADVISORY COMMITTEE," "BANK OR

STORAGE FACILITY," "DECEDENT," "ORGAN PROCUREMENT ORGANIZATION"

AND "PART" IN SECTION 8601 OF TITLE 20 ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

§ 8601. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"ADULT." AN INDIVIDUAL WHO IS AT LEAST 18 YEARS OF AGE.

20170SB0180PN1530 - 68 -

"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." A FACILITY LICENSED, ACCREDITED

OR APPROVED UNDER THE LAWS OF ANY STATE FOR STORAGE OF HUMAN

BODIES OR PARTS THEREOF.]

* * *

"DECEDENT." [A DECEASED INDIVIDUAL, INCLUDING A STILLBORN

INFANT OR FETUS.] A DECEASED INDIVIDUAL WHOSE BODY OR PART IS OR

MAY BE THE SOURCE OF AN ANATOMICAL GIFT. THE TERM INCLUDES A

STILLBORN INFANT AND, SUBJECT TO RESTRICTIONS IMPOSED BY OTHER

LAWS, A FETUS. THE TERM DOES NOT INCLUDE A BLASTOCYST, EMBRYO OR

FETUS THAT IS THE SUBJECT OF AN INDUCED ABORTION.

20170SB0180PN1530 - 69 -

"DOCUMENT OF GIFT." A DONOR CARD OR OTHER RECORD USED TO

MAKE, AMEND OR REVOKE AN ANATOMICAL GIFT. THE TERM INCLUDES A

STATEMENT OR SYMBOL ON A DRIVER'S LICENSE OR IDENTIFICATION CARD

OR IN A DONOR REGISTRY.

"DONATE LIFE PA REGISTRY." THAT SUBSET OF PERSONS IN THE

DEPARTMENT OF TRANSPORTATION'S DRIVER'S LICENSE AND PHOTO

IDENTIFICATION CARD DATABASE WHO HAVE ELECTED TO INCLUDE THE

DONOR DESIGNATION ON THEIR RECORD. THIS TERM SHALL NOT REFER TO

A SEPARATE DATABASE.

* * *

"DONOR REGISTRY." A DATABASE WHICH CONTAINS RECORDS OF

ANATOMICAL GIFTS. THE TERM INCLUDES THE DONATE LIFE PA REGISTRY.

"EYE BANK." A PERSON THAT IS LICENSED, ACCREDITED OR

REGULATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY,

SCREENING, TESTING, PROCESSING, STORAGE OR DISTRIBUTION OF HUMAN

EYES OR PORTIONS OF HUMAN EYES.

* * *

"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

20170SB0180PN1530 - 70 -

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 [THAT

MEETS THE REQUIREMENTS OF SECTION 371 OF THE PUBLIC HEALTH

SERVICE ACT (58 STAT. 682, 42 U.S.C. § 273).] DESIGNATED FOR THE

REGION BY THE UNITED STATES SECRETARY OF HEALTH AND HUMAN

SERVICES AS AN ORGAN PROCUREMENT ORGANIZATION.

"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 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.

* * *

"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

20170SB0180PN1530 - 71 -

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.

* * *

"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.

* * *

"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

20170SB0180PN1530 - 72 -

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.

SECTION 3. TITLE 20 IS AMENDED BY ADDING A SECTION TO READ:

§ 8610. SCOPE.

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 IMMINENET 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).

SECTION 4. SECTION 8611(A), (B) AND (C) OF TITLE 20 ARE

AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO

READ:

§ 8611. PERSONS WHO MAY EXECUTE ANATOMICAL GIFT.

(A) GENERAL RULE.--ANY INDIVIDUAL OF SOUND MIND AND 18 YEARS

OF AGE OR MORE MAY GIVE ALL OR ANY PART OF HIS BODY FOR ANY

PURPOSE SPECIFIED IN SECTION 8612 (RELATING TO PERSONS WHO MAY

BECOME DONEES; PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE),

THE GIFT TO TAKE EFFECT UPON DEATH. ANY 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

20170SB0180PN1530 - 73 -

OR GUARDIAN CONSENT SHALL BE NOTED ON THE MINOR'S DONOR CARD,

APPLICATION FOR THE DONOR'S LEARNER'S PERMIT OR DRIVER'S LICENSE

OR OTHER DOCUMENT OF GIFT. A GIFT OF THE WHOLE BODY SHALL BE

INVALID UNLESS MADE IN WRITING AT LEAST 15 DAYS PRIOR TO THE

DATE OF DEATH OR CONSENT IS OBTAINED FROM THE LEGAL NEXT OF KIN.

WHERE THERE ARE ADULT CHILDREN OF THE DECEASED WHO ARE NOT

CHILDREN OF THE SURVIVING SPOUSE, THEIR CONSENT SHALL ALSO BE

REQUIRED FOR A GIFT OF THE WHOLE BODY FOR ANATOMICAL STUDY.

(B) [OTHERS ENTITLED] ENTITLED TO DONATE ANATOMY OF

DECEDENT.--[ANY] 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

[ACTUAL NOTICE OF CONTRARY INDICATIONS] KNOWN OBJECTIONS BY THE

DECEDENT OR [ACTUAL NOTICE OF OPPOSITION] BY A MEMBER OF [THE

SAME OR] 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) THE SPOUSE.

(2) AN ADULT SON OR DAUGHTER.

(3) EITHER PARENT.

(4) AN ADULT BROTHER OR SISTER.

(5) A GUARDIAN OF THE PERSON OF THE DECEDENT AT THE TIME

OF HIS DEATH.

(6) ANY OTHER PERSON AUTHORIZED OR UNDER OBLIGATION TO

DISPOSE OF THE BODY.]

(1) AN AGENT OF THE DECEDENT AT THE TIME OF DEATH IF THE

AGENT IS EXPRESSLY AUTHORIZED TO MAKE THE GIFT.

(2) THE SPOUSE OF THE DECEDENT, UNLESS AN ACTION FOR

DIVORCE IS PENDING.

20170SB0180PN1530 - 74 -

(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 DISTRICT ATTORNEY OR A LAW ENFORCEMENT OFFICER

NOTIFIES THE ORGAN PROCUREMENT ORGANIZATION THAT 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 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.

20170SB0180PN1530 - 75 -

(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.

(1) THE DONEE MAY NOT ACCEPT A GIFT UNDER ANY OF THE

FOLLOWING CIRCUMSTANCES:

(I) THE DONEE [HAS ACTUAL NOTICE OF CONTRARY

INDICATIONS] KNOWS OF AN OBJECTION BY THE DECEDENT [OR].

(II) THE DONEE KNOWS THAT A GIFT BY A MEMBER OF A

CLASS IS OPPOSED BY A REASONABLY AVAILABLE MEMBER OF [THE

SAME OR] A PRIOR CLASS[, THE DONEE SHALL NOT ACCEPT THE

GIFT].

(III) THE DONEE KNOWS THAT A GIFT BY A MEMBER OF A

CLASS IS OPPOSED BY AT LEAST 50% OF THE REASONABLY

AVAILABLE MEMBERS OF THE SAME CLASS.

(2) THE PERSONS AUTHORIZED BY SUBSECTION (B) MAY MAKE

THE GIFT AFTER OR IMMEDIATELY BEFORE DEATH.

20170SB0180PN1530 - 76 -

* * *

SECTION 5. SECTION 8612 OF TITLE 20 IS AMENDED TO READ:

§ 8612. PERSONS WHO MAY BECOME DONEES; PURPOSES FOR WHICH

ANATOMICAL GIFTS MAY BE MADE.

[THE FOLLOWING PERSONS MAY BECOME DONEES OF GIFTS OF BODIES

OR PARTS THEREOF FOR ANY OF THE PURPOSES STATED:

(1) ANY HOSPITAL, SURGEON OR PHYSICIAN FOR MEDICAL OR

DENTAL EDUCATION, RESEARCH, ADVANCEMENT OF MEDICAL OR DENTAL

SCIENCE, THERAPY OR TRANSPLANTATION.

(2) ANY ACCREDITED MEDICAL OR DENTAL SCHOOL, COLLEGE OR

UNIVERSITY FOR EDUCATION, RESEARCH, ADVANCEMENT OF MEDICAL OR

DENTAL SCIENCE OR THERAPY.

(3) ANY BANK OR STORAGE FACILITY FOR MEDICAL OR DENTAL

EDUCATION, RESEARCH, ADVANCEMENT OF MEDICAL OR DENTAL

SCIENCE, THERAPY OR TRANSPLANTATION.

(4) ANY SPECIFIED INDIVIDUAL FOR THERAPY OR

TRANSPLANTATION NEEDED BY HIM.

(5) THE BOARD.]

(A) DONEES.--AN ANATOMICAL GIFT MAY BE MADE TO ANY OF THE

FOLLOWING PERSONS NAMED IN THE DOCUMENT OF GIFT:

(1) IF FOR RESEARCH OR EDUCATION, ANY OF THE FOLLOWING:

(I) A HOSPITAL.

(II) AN ACCREDITED MEDICAL SCHOOL, DENTAL SCHOOL,

COLLEGE OR UNIVERSITY.

(III) THE BOARD.

(IV) AN ORGAN PROCUREMENT ORGANIZATION.

(V) ANY OTHER APPROPRIATE PERSON AS PERMITTED BY

LAW.

(2) SUBJECT TO SUBSECTION (B), AN INDIVIDUAL DESIGNATED

BY THE PERSON MAKING THE ANATOMICAL GIFT IF THE INDIVIDUAL IS

20170SB0180PN1530 - 77 -

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.

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.

20170SB0180PN1530 - 78 -

(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).

SECTION 6. SECTION 8613(D) AND (E) OF TITLE 20 ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:

§ 8613. MANNER OF EXECUTING ANATOMICAL GIFTS.

* * *

(B.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.

* * *

[(D) DESIGNATION OF PERSON TO CARRY OUT PROCEDURES.--

NOTWITHSTANDING SECTION 8616(B) (RELATING TO RIGHTS AND DUTIES

AT DEATH), THE DONOR MAY DESIGNATE IN HIS WILL, CARD OR OTHER

DOCUMENT OF GIFT THE SURGEON OR PHYSICIAN TO CARRY OUT THE

APPROPRIATE PROCEDURES. IN THE ABSENCE OF A DESIGNATION OR IF

THE DESIGNEE IS NOT AVAILABLE, THE DONEE OR OTHER PERSON

AUTHORIZED TO ACCEPT THE GIFT MAY EMPLOY OR AUTHORIZE ANY

SURGEON OR PHYSICIAN FOR THE PURPOSE, OR, IN THE CASE OF A GIFT

OF EYES, HE MAY EMPLOY OR AUTHORIZE A PERSON WHO IS A FUNERAL

20170SB0180PN1530 - 79 -

DIRECTOR LICENSED BY THE STATE BOARD OF FUNERAL DIRECTORS, AN

EYE BANK TECHNICIAN OR MEDICAL STUDENT, IF THE PERSON HAS

SUCCESSFULLY COMPLETED A COURSE IN EYE ENUCLEATION APPROVED BY

THE STATE BOARD OF MEDICAL EDUCATION AND LICENSURE, OR AN EYE

BANK TECHNICIAN OR MEDICAL STUDENT TRAINED UNDER A PROGRAM IN

THE STERILE TECHNIQUE FOR EYE ENUCLEATION APPROVED BY THE STATE

BOARD OF MEDICAL EDUCATION AND LICENSURE TO ENUCLEATE EYES FOR

AN EYE BANK FOR THE GIFT AFTER CERTIFICATION OF DEATH BY A

PHYSICIAN. A QUALIFIED FUNERAL DIRECTOR, EYE BANK TECHNICIAN OR

MEDICAL STUDENT ACTING IN ACCORDANCE WITH THE TERMS OF THIS

SUBSECTION SHALL NOT HAVE ANY LIABILITY, CIVIL OR CRIMINAL, FOR

THE EYE ENUCLEATION.]

(D.1) RELIANCE.-- 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.--[IF A DONOR CARD, DONOR DRIVER'S

LICENSE, LIVING WILL, DURABLE POWER OF ATTORNEY OR OTHER

DOCUMENT OF GIFT EVIDENCING A GIFT OF ORGANS OR TISSUE HAS BEEN

EXECUTED,]

(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 [DESIGNATED IN SECTION 8611(B)] AT THE TIME OF THE

DONOR'S DEATH OR IMMEDIATELY THEREAFTER IS NOT NECESSARY TO

RENDER THE GIFT VALID AND EFFECTIVE. THIS PARAGRAPH SHALL NOT

20170SB0180PN1530 - 80 -

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.

* * *

(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

20170SB0180PN1530 - 81 -

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).

SECTION 7. SECTIONS 8616(B), (C) AND (D), 8617, 8619, 8621,

8622, 8623 AND 8624 OF TITLE 20 ARE AMENDED TO READ:

§ 8616. RIGHTS AND DUTIES AT DEATH.

* * *

(B) PHYSICIANS.--THE TIME OF DEATH SHALL BE DETERMINED BY A

PHYSICIAN WHO TENDS THE DONOR AT HIS DEATH OR, IF NONE, THE

PHYSICIAN WHO CERTIFIES THE DEATH. [THE PHYSICIAN OR PERSON WHO

CERTIFIES DEATH OR ANY OF HIS PROFESSIONAL PARTNERS OR

ASSOCIATES SHALL NOT PARTICIPATE IN THE PROCEDURES FOR REMOVING

OR TRANSPLANTING A PART.]

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 [IS NOT] SHALL NOT BE LIABLE FOR DAMAGES IN ANY CIVIL

ACTION OR SUBJECT TO PROSECUTION IN ANY CRIMINAL PROCEEDING

FOR [HIS] THE PERSON'S ACT.

(2) THE IMMUNITY FROM CIVIL LIABILITY PROVIDED UNDER

PARAGRAPH (1) SHALL NOT EXTEND TO ACTS OR OMISSIONS RESULTING

20170SB0180PN1530 - 82 -

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.--[THE] 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.

§ 8617. REQUESTS FOR ANATOMICAL GIFTS.

[(A) PROCEDURE.--ON OR BEFORE THE OCCURRENCE OF EACH DEATH

IN AN ACUTE CARE GENERAL HOSPITAL, THE HOSPITAL SHALL MAKE

CONTACT WITH THE REGIONAL ORGAN PROCUREMENT ORGANIZATION IN

ORDER TO DETERMINE THE SUITABILITY FOR ORGAN, TISSUE AND EYE

DONATION FOR ANY PURPOSE SPECIFIED UNDER THIS SUBCHAPTER. THIS

CONTACT AND THE DISPOSITION SHALL BE NOTED ON THE PATIENT'S

MEDICAL RECORD.

(B) LIMITATION.--IF THE HOSPITAL ADMINISTRATOR OR HIS

20170SB0180PN1530 - 83 -

DESIGNEE HAS RECEIVED ACTUAL NOTICE OF OPPOSITION FROM ANY OF

THE PERSONS NAMED IN SECTION 8611(B) (RELATING TO PERSONS WHO

MAY EXECUTE ANATOMICAL GIFT) AND THE DECEDENT WAS NOT IN

POSSESSION OF A VALIDLY EXECUTED DONOR CARD, THE GIFT OF ALL OR

ANY PART OF THE DECEDENT'S BODY SHALL NOT BE REQUESTED.

CONTRARY, THE INTENT OF A DECEDENT TO PARTICIPATE IN AN ORGAN

DONOR PROGRAM AS EVIDENCED BY THE POSSESSION OF A VALIDLY

EXECUTED DONOR CARD, DONOR DRIVER'S LICENSE, LIVING WILL,

DURABLE POWER OF ATTORNEY OR OTHER DOCUMENT OF GIFT SHALL NOT BE

REVOKED BY ANY MEMBER OF ANY OF THE CLASSES SPECIFIED IN SECTION

8611(B).

(D) IDENTIFICATION OF POTENTIAL DONORS.--EACH ACUTE CARE

GENERAL HOSPITAL SHALL DEVELOP WITHIN ONE YEAR OF THE DATE OF

FINAL ENACTMENT OF THIS SECTION, WITH THE CONCURRENCE OF THE

HOSPITAL MEDICAL STAFF, A PROTOCOL FOR IDENTIFYING POTENTIAL

ORGAN AND TISSUE DONORS. IT SHALL REQUIRE THAT, AT OR NEAR THE

TIME OF EVERY INDIVIDUAL DEATH, ALL ACUTE CARE GENERAL HOSPITALS

CONTACT BY TELEPHONE THEIR REGIONAL ORGAN PROCUREMENT

ORGANIZATION TO DETERMINE SUITABILITY FOR ORGAN, TISSUE AND EYE

DONATION OF THE INDIVIDUAL IN QUESTION. THE PERSON DESIGNATED BY

THE ACUTE CARE GENERAL HOSPITAL TO CONTACT THE ORGAN PROCUREMENT

ORGANIZATION SHALL HAVE THE FOLLOWING INFORMATION AVAILABLE

PRIOR TO MAKING THE CONTACT:

(1) THE PATIENT'S IDENTIFIER NUMBER.

(2) THE PATIENT'S AGE.

(3) THE CAUSE OF DEATH.

(4) ANY PAST MEDICAL HISTORY AVAILABLE.

THE ORGAN PROCUREMENT ORGANIZATION, IN CONSULTATION WITH THE

PATIENT'S ATTENDING PHYSICIAN OR HIS DESIGNEE, SHALL DETERMINE

20170SB0180PN1530 - 84 -

THE SUITABILITY FOR DONATION. IF THE ORGAN PROCUREMENT

ORGANIZATION IN CONSULTATION WITH THE PATIENT'S ATTENDING

PHYSICIAN OR HIS DESIGNEE DETERMINES THAT DONATION IS NOT

APPROPRIATE BASED ON ESTABLISHED MEDICAL CRITERIA, THIS SHALL BE

NOTED BY HOSPITAL PERSONNEL ON THE PATIENT'S RECORD, AND NO

FURTHER ACTION IS NECESSARY. IF THE ORGAN PROCUREMENT

ORGANIZATION IN CONSULTATION WITH THE PATIENT'S ATTENDING

PHYSICIAN OR HIS DESIGNEE DETERMINES THAT THE PATIENT IS A

SUITABLE CANDIDATE FOR ANATOMICAL DONATION, THE ACUTE CARE

GENERAL HOSPITAL SHALL INITIATE A REQUEST BY INFORMING THE

PERSONS AND FOLLOWING THE PROCEDURE DESIGNATED UNDER SECTION

8611(B) OF THE OPTION TO DONATE ORGANS, TISSUES OR EYES. THE

PERSON INITIATING THE REQUEST SHALL BE AN ORGAN PROCUREMENT

ORGANIZATION REPRESENTATIVE OR A DESIGNATED REQUESTOR. THE ORGAN

PROCUREMENT ORGANIZATION REPRESENTATIVE OR DESIGNATED REQUESTOR

SHALL ASK PERSONS PURSUANT TO SECTION 8611(B) WHETHER THE

DECEASED WAS AN ORGAN DONOR. IF THE PERSON DESIGNATED UNDER

SECTION 8611(B) DOES NOT KNOW, THEN THIS PERSON SHALL BE

INFORMED OF THE OPTION TO DONATE ORGANS AND TISSUES. THE

PROTOCOL SHALL ENCOURAGE DISCRETION AND SENSITIVITY TO FAMILY

CIRCUMSTANCES IN ALL DISCUSSIONS REGARDING DONATIONS OF TISSUE

OR ORGANS. THE PROTOCOL SHALL TAKE INTO ACCOUNT THE DECEASED

INDIVIDUAL'S RELIGIOUS BELIEFS OR NONSUITABILITY FOR ORGAN AND

TISSUE DONATION.

(E) TISSUE PROCUREMENT.--

(1) THE FIRST PRIORITY USE FOR ALL TISSUE SHALL BE

TRANSPLANTATION.

(2) UPON DEPARTMENT OF HEALTH APPROVAL OF GUIDELINES

PURSUANT TO SUBSECTION (F)(1)(II), ALL ACUTE CARE GENERAL

HOSPITALS SHALL SELECT AT LEAST ONE TISSUE PROCUREMENT

20170SB0180PN1530 - 85 -

PROVIDER. A HOSPITAL SHALL NOTIFY THE REGIONAL ORGAN

PROCUREMENT ORGANIZATION OF ITS CHOICE OF TISSUE PROCUREMENT

PROVIDERS. IF A HOSPITAL CHOOSES MORE THAN ONE TISSUE

PROCUREMENT PROVIDER, IT MAY SPECIFY A ROTATION OF REFERRALS

BY THE ORGAN PROCUREMENT ORGANIZATION TO THE DESIGNATED

TISSUE PROCUREMENT PROVIDERS.

(3) UNTIL THE DEPARTMENT OF HEALTH HAS APPROVED

GUIDELINES PURSUANT TO SUBSECTION (F)(1)(II), TISSUE

REFERRALS AT EACH HOSPITAL SHALL BE ROTATED IN A PROPORTION

EQUAL TO THE AVERAGE RATE OF DONORS RECOVERED AMONG THE

TISSUE PROCUREMENT PROVIDERS AT THAT HOSPITAL DURING THE TWO-

YEAR PERIOD ENDING AUGUST 31, 1994.

(4) THE REGIONAL ORGAN PROCUREMENT ORGANIZATION, WITH

THE ASSISTANCE OF TISSUE PROCUREMENT PROVIDERS, SHALL SUBMIT

AN ANNUAL REPORT TO THE GENERAL ASSEMBLY ON THE FOLLOWING:

(I) THE NUMBER OF TISSUE DONORS.

(II) THE NUMBER OF TISSUE PROCUREMENTS FOR

TRANSPLANTATION.

(III) THE NUMBER OF TISSUE PROCUREMENTS RECOVERED

FOR RESEARCH BY EACH TISSUE PROCUREMENT PROVIDER

OPERATING IN THIS COMMONWEALTH.]

(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

20170SB0180PN1530 - 86 -

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.

(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

20170SB0180PN1530 - 87 -

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-

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SUSTAINING MEASURES, OR TO DENY MAKING OR REFUSING TO

MAKE AN ANATOMICAL GIFT.

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.

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(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 OR WITHHOLD 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

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BEEN DENIED AUTHORIZATION TO PROCEED WITH RECOVERY OF THE

PART.

(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.

(F) GUIDELINES.--

(1) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH ORGAN

PROCUREMENT ORGANIZATIONS, TISSUE PROCUREMENT PROVIDERS AND

THE HOSPITAL ASSOCIATION OF PENNSYLVANIA, DONOR RECIPIENTS

AND FAMILY APPOINTED PURSUANT TO SECTION 8622(C)(3) (RELATING

TO THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE

DONATION AWARENESS TRUST FUND) SHALL, WITHIN SIX MONTHS OF

THE EFFECTIVE DATE OF THIS [CHAPTER] 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.

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(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

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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 [(D)] (A).

(2) TO CONDUCT A REVIEW OF AN ACUTE CARE GENERAL

HOSPITAL, THE FOLLOWING APPLY:

(I) THE [DEPARTMENT OF HEALTH] DEPARTMENT SHALL

SELECT TO CARRY OUT THE REVIEW THE COMMONWEALTH-LICENSED

ORGAN PROCUREMENT ORGANIZATION DESIGNATED BY THE [HEALTH

CARE FINANCING ADMINISTRATION] CENTERS FOR MEDICARE AND

MEDICAID SERVICES FOR THE REGION WITHIN WHICH THE ACUTE

CARE GENERAL HOSPITAL IS LOCATED. FOR AN ORGAN

PROCUREMENT ORGANIZATION TO BE SELECTED UNDER THIS

SUBPARAGRAPH, THE ORGANIZATION MUST NOT OPERATE NOR HAVE

AN OWNERSHIP INTEREST IN AN ENTITY WHICH PROVIDES ALL OF

THE FUNCTIONS OF A TISSUE PROCUREMENT PROVIDER.

(II) IF THERE IS NO VALID SELECTION UNDER

SUBPARAGRAPH (I) OR IF THE ORGANIZATION SELECTED UNDER

SUBPARAGRAPH (I) IS UNWILLING TO CARRY OUT THE REVIEW,

THE DEPARTMENT SHALL SELECT TO CARRY OUT THE REVIEW ANY

OTHER COMMONWEALTH-LICENSED ORGAN PROCUREMENT

ORGANIZATION. FOR AN ORGAN PROCUREMENT ORGANIZATION TO BE

SELECTED UNDER THIS SUBPARAGRAPH, THE ORGANIZATION MUST

20170SB0180PN1530 - 93 -

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 [(D)] (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 [AN] A DESIGNATED ORGAN PROCUREMENT

ORGANIZATION ON HOW TO APPROACH POTENTIAL DONOR FAMILIES AND

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REQUEST ORGAN OR TISSUE DONATION.

"NONCOMPLIANCE." ANY FAILURE ON THE PART OF A HOSPITAL TO

CONTACT AN ORGAN PROCUREMENT ORGANIZATION AS REQUIRED UNDER

SUBSECTION [(D)] (A).

§ 8619. USE OF DRIVER'S LICENSE OR IDENTIFICATION CARD TO

INDICATE ORGAN OR TISSUE DONATION.

(A) GENERAL RULE.--THE DEPARTMENT OF TRANSPORTATION SHALL

REDESIGN THE DRIVER'S LICENSE AND IDENTIFICATION CARD

APPLICATION SYSTEM TO PROCESS REQUESTS FOR INFORMATION REGARDING

CONSENT OF THE INDIVIDUAL TO ORGAN OR TISSUE DONATION. THE

FOLLOWING QUESTION SHALL BE ASKED ON BOTH THE APPLICATION FOR A

DRIVER'S LICENSE OR IDENTIFICATION CARD AND ON THE ORGAN DONOR

DESIGNATION AT A PHOTO CENTER:

PENNSYLVANIA STRONGLY SUPPORTS ORGAN AND TISSUE DONATION

BECAUSE OF ITS LIFE-SAVING AND LIFE-ENHANCING

OPPORTUNITIES.

DO YOU WISH TO HAVE THE ORGAN DONOR DESIGNATION PRINTED

ON YOUR DRIVER'S LICENSE?

ONLY AN AFFIRMATIVE RESPONSE OF AN INDIVIDUAL SHALL BE NOTED ON

THE FRONT OF THE DRIVER'S LICENSE OR IDENTIFICATION CARD AND

SHALL CLEARLY INDICATE THE INDIVIDUAL'S INTENT TO DONATE HIS

ORGANS OR TISSUE. [A NOTATION ON AN INDIVIDUAL'S DRIVER'S

LICENSE OR IDENTIFICATION CARD THAT HE INTENDS TO DONATE HIS

ORGANS OR TISSUE IS DEEMED SUFFICIENT TO SATISFY ALL

REQUIREMENTS FOR CONSENT TO ORGAN OR TISSUE DONATION.] 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

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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 PAMPHLET.--THE FOLLOWING APPLY:

(1) WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS

SUBSECTION, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE AN

INFORMATIONAL PAMPHLET ABOUT ORGAN DONATION, TISSUE DONATION

AND DONATION OF VASCULARIZED COMPOSITE ALLOGRAFTS TO EACH

APPLICANT FOR:

(I) AN ORIGINAL OR A RENEWAL DRIVER'S LICENSE OR

IDENTIFICATION CARD;

(II) A LEARNER'S PERMIT; AND

(III) AN ORIGINAL OR RENEWAL VEHICLE REGISTRATION.

(2) THE INFORMATIONAL PAMPHLET SHALL EXPLAIN IN ENGLISH

AND IN SPANISH:

(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

20170SB0180PN1530 - 96 -

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 PAMPHLET

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

[MAY] SHALL BE GIVEN 24-HOUR-A-DAY ELECTRONIC ACCESS TO

INFORMATION NECESSARY TO CONFIRM AN INDIVIDUAL'S ORGAN DONOR

STATUS THROUGH THE DEPARTMENT OF TRANSPORTATION'S DRIVER

LICENSING DATABASE. NECESSARY INFORMATION SHALL INCLUDE THE

INDIVIDUAL'S NAME, ADDRESS, DATE OF BIRTH, DRIVER'S LICENSE

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NUMBER AND ORGAN DONOR STATUS. NOTWITHSTANDING 75 PA.C.S. § 6114

(RELATING TO LIMITATION ON SALE, PUBLICATION AND DISCLOSURE OF

RECORDS), THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO

PROVIDE THE ORGAN PROCUREMENT ORGANIZATIONS, AFTER A WRITTEN

AGREEMENT BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE ORGAN

PROCUREMENT ORGANIZATIONS IS FIRST OBTAINED, WITH THE FOREGOING

INFORMATION. THE ORGAN PROCUREMENT ORGANIZATION SHALL NOT USE

SUCH INFORMATION FOR ANY PURPOSE OTHER THAN TO CONFIRM AN

INDIVIDUAL'S ORGAN DONOR STATUS AT OR NEAR OR AFTER AN

INDIVIDUAL'S DEATH. THE ORGAN PROCUREMENT ORGANIZATIONS SHALL

NOT BE ASSESSED THE FEE FOR SUCH INFORMATION PRESCRIBED BY 75

PA.C.S. § 1955(A) (RELATING TO INFORMATION CONCERNING DRIVERS

AND VEHICLES).

§ 8621. THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE

DONATION AWARENESS TRUST FUND CONTRIBUTIONS.

(A) DRIVER'S LICENSE.--

(1) BEGINNING AS SOON AS PRACTICABLE, BUT NO LATER THAN

[JANUARY 1, 1995] 10 MONTHS AFTER THE EFFECTIVE DATE OF THIS

PARAGRAPH, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE AN

APPLICANT FOR AN ORIGINAL OR RENEWAL DRIVER'S LICENSE OR

IDENTIFICATION CARD THE OPPORTUNITY TO MAKE A CONTRIBUTION OF

$1 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

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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.--[THE]

(1) BEGINNING AS SOON AS PRACTICABLE, BUT NO LATER THAN

10 MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, THE

DEPARTMENT OF TRANSPORTATION SHALL PROVIDE AN APPLICANT FOR A

RENEWAL VEHICLE REGISTRATION THE OPPORTUNITY TO MAKE A

CONTRIBUTION OF $1 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.

(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 FOR THE INITIAL COSTS INCURRED IN THE DEVELOPMENT

AND IMPLEMENTATION OF THE CONTRIBUTION PROGRAM UNDER THIS

20170SB0180PN1530 - 99 -

SUBSECTION.] 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 [SUBJECT TO THE FOLLOWING LIMITS: FOR THE FIRST

FISCAL YEAR DURING WHICH THIS SUBSECTION IS EFFECTIVE, THE

GENERAL FUND SHALL REIMBURSE THE DEPARTMENT OF TRANSPORTATION

FOR THE ACTUAL OPERATING COSTS OF THE PROGRAM IN THIS

SUBSECTION UP TO A MAXIMUM OF $100,000. FOR EACH FISCAL YEAR

THEREAFTER, THE GENERAL FUND SHALL REIMBURSE THE DEPARTMENT

OF TRANSPORTATION FOR THE ACTUAL OPERATING COSTS OF THE

PROGRAM IN THIS SUBSECTION IN AN AMOUNT NOT TO EXCEED THE

PRIOR YEAR'S ACTUAL OPERATING COSTS ON A FULL FISCAL YEAR

BASIS PLUS 3%. THE AMOUNTS APPROVED BY THE GOVERNOR AS

NECESSARY ARE HEREBY APPROPRIATED FROM THE GENERAL FUND FOR

THIS PURPOSE].

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

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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.

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

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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

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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

(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

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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

SUBSECTION (C)(2).

§ 8622. THE GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE

DONATION AWARENESS TRUST FUND.

(A) ESTABLISHMENT.--ALL CONTRIBUTIONS RECEIVED BY THE

DEPARTMENT OF TRANSPORTATION UNDER SECTION 8621 (RELATING TO THE

GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION

AWARENESS TRUST FUND CONTRIBUTIONS) [AND THE DEPARTMENT OF

REVENUE UNDER SECTION 8618 (RELATING TO VOLUNTARY CONTRIBUTION

SYSTEM)] AND THE DEPARTMENT OF HEALTH UNDER SECTION 8617

(RELATING TO REQUESTS FOR ANATOMICAL GIFTS) SHALL BE DEPOSITED

INTO A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE

GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION

AWARENESS TRUST FUND, WHICH IS HEREBY ESTABLISHED.

(B) APPROPRIATION.--ALL MONEYS 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

[ORGAN DONATION ADVISORY COMMITTEE] ADVISORY COMMITTEE CREATED

IN SUBSECTION [(C)] (C.1). ANY REMAINING FUNDS ARE APPROPRIATED

SUBJECT TO THE APPROVAL OF THE GOVERNOR FOR THE FOLLOWING

PURPOSES:

(1) [10%] TEN PERCENT OF THE TOTAL FUND MAY BE EXPENDED

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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 [A VITAL ORGAN DONATION] 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) [50%] FIFTY PERCENT MAY BE EXPENDED FOR GRANTS TO

CERTIFIED ORGAN PROCUREMENT ORGANIZATIONS FOR THE DEVELOPMENT

AND IMPLEMENTATION OF ORGAN DONATION AWARENESS PROGRAMS IN

THIS COMMONWEALTH. THE DEPARTMENT OF HEALTH SHALL DEVELOP AND

ADMINISTER THIS GRANT PROGRAM, WHICH IS HEREBY ESTABLISHED.

(3) [15%] FIFTEEN PERCENT MAY BE EXPENDED BY THE

DEPARTMENT OF HEALTH, IN COOPERATION WITH CERTIFIED ORGAN

PROCUREMENT ORGANIZATIONS, FOR THE [PROJECT-MAKE-A-CHOICE]

PROJECT MAKE-A-CHOICE PROGRAM, WHICH SHALL INCLUDE

INFORMATION PAMPHLETS DESIGNED BY THE DEPARTMENT OF HEALTH

RELATING TO ORGAN DONOR AWARENESS AND THE LAWS REGARDING

ORGAN DONATION, PUBLIC INFORMATION AND PUBLIC EDUCATION ABOUT

CONTRIBUTING TO THE FUND WHEN OBTAINING OR RENEWING A

DRIVER'S LICENSE AND WHEN COMPLETING A STATE INDIVIDUAL

INCOME TAX RETURN FORM. PROJECT MAKE-A-CHOICE SHALL ALSO

PROVIDE THE INTERNET WEBSITE ADDRESS AND A HYPERLINK FOR THE

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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) [25%] TWENTY-FIVE PERCENT MAY BE EXPENDED BY THE

DEPARTMENT OF EDUCATION FOR THE IMPLEMENTATION OF ORGAN

DONATION AWARENESS PROGRAMS IN THE SECONDARY SCHOOLS IN THIS

COMMONWEALTH.

[(C) ADVISORY COMMITTEE.--THE ORGAN DONATION ADVISORY

COMMITTEE IS HEREBY ESTABLISHED, WITH MEMBERSHIP AS FOLLOWS:

(1) TWO REPRESENTATIVES OF ORGAN PROCUREMENT

ORGANIZATIONS.

(2) TWO REPRESENTATIVES OF TISSUE PROCUREMENT PROVIDERS.

(3) SIX MEMBERS REPRESENTATIVE OF ORGAN, TISSUE AND EYE

RECIPIENTS, FAMILIES OF RECIPIENTS AND FAMILIES OF DONORS.

(4) THREE REPRESENTATIVES OF ACUTE CARE HOSPITALS.

(5) ONE REPRESENTATIVE OF THE DEPARTMENT OF HEALTH.

(6) ONE REPRESENTATIVE OF EYE BANKS.

ALL MEMBERS SHALL BE APPOINTED BY THE GOVERNOR. APPOINTMENTS

SHALL BE MADE IN A MANNER THAT PROVIDES REPRESENTATION OF THE

NORTHWEST, NORTH CENTRAL, NORTHEAST, SOUTHWEST, SOUTH CENTRAL

AND SOUTHEAST REGIONS OF THIS COMMONWEALTH. MEMBERS SHALL SERVE

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FIVE-YEAR TERMS. THE GOVERNOR MAY REAPPOINT ADVISORY COMMITTEE

MEMBERS FOR SUCCESSIVE TERMS. MEMBERS OF THE ADVISORY COMMITTEE

SHALL REMAIN IN OFFICE UNTIL A SUCCESSOR IS APPOINTED AND

QUALIFIED. IF VACANCIES OCCUR PRIOR TO COMPLETION OF A TERM, THE

GOVERNOR SHALL APPOINT ANOTHER MEMBER IN ACCORDANCE WITH THIS

SUBSECTION TO FILL THE UNEXPIRED TERM. THE ADVISORY COMMITTEE

SHALL MEET AT LEAST BIANNUALLY TO REVIEW PROGRESS IN THE AREA OF

ORGAN AND TISSUE DONATION IN THIS COMMONWEALTH, RECOMMEND

EDUCATION AND AWARENESS TRAINING PROGRAMS, RECOMMEND PRIORITIES

IN EXPENDITURES FROM THE FUND AND ADVISE THE SECRETARY OF HEALTH

ON MATTERS RELATING TO ADMINISTRATION OF THE FUND. THE ADVISORY

COMMITTEE SHALL RECOMMEND LEGISLATION AS IT DEEMS NECESSARY TO

FULFILL THE PURPOSES OF THIS CHAPTER. THE ADVISORY COMMITTEE

SHALL SUBMIT A REPORT CONCERNING ITS ACTIVITIES AND PROGRESS TO

THE GENERAL ASSEMBLY WITHIN 30 DAYS PRIOR TO THE EXPIRATION OF

EACH LEGISLATIVE SESSION. THE DEPARTMENT OF HEALTH SHALL

REIMBURSE MEMBERS OF THE ADVISORY COMMITTEE FOR ALL NECESSARY

AND REASONABLE TRAVEL AND OTHER EXPENSES INCURRED IN THE

PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.]

(C.1) ADVISORY COMMITTEE.--

(1) THE ORGAN AND TISSUE DONATION ADVISORY COMMITTEE IS

ESTABLISHED. 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.

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(VI) TWO REPRESENTATIVES OF TISSUE PROCUREMENT

PROVIDERS.

(VII) SIX MEMBERS REPRESENTATIVE OF:

(A) ORGAN, TISSUE AND EYE RECIPIENTS;

(B) FAMILIES OF RECIPIENTS;

(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.

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(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.

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(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 [REDUCING THE NUMBER OF

POTENTIAL DONORS WHO WERE NOT IDENTIFIED] INCREASING THE NUMBER

OF DONOR DESIGNATIONS.

[(E) DEFINITION.--AS USED IN THIS SECTION, THE TERM "VITAL

ORGAN" MEANS A HEART, LUNG, LIVER, KIDNEY, PANCREAS, SMALL

BOWEL, LARGE BOWEL OR STOMACH FOR THE PURPOSE OF

TRANSPLANTATION.]

(F) LEAD COMMONWEALTH AGENCY.--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.

§ 8623. CONFIDENTIALITY REQUIREMENT.

[THE IDENTITY OF THE DONOR AND OF THE RECIPIENT MAY NOT BE

COMMUNICATED UNLESS EXPRESSLY AUTHORIZED BY THE RECIPIENT AND

NEXT OF KIN OF THE DECEDENT.]

(A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO

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:

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(1) THE RECIPIENT; AND

(2) IF THE DONOR IS ALIVE, THE DONOR, OR IF THE DONOR IS

DECEASED, THE NEXT OF KIN OF THE DONOR.

§ 8624. PROHIBITED ACTIVITIES.

[(A) AFFILIATES.--NO ORGAN PROCUREMENT ORGANIZATION SELECTED

BY THE DEPARTMENT OF HEALTH UNDER SECTION 8617(G) (RELATING TO

REQUESTS FOR ANATOMICAL GIFTS) TO CONDUCT ANNUAL DEATH REVIEWS

MAY USE THAT REVIEW AUTHORITY OR ANY POWERS OR PRIVILEGES

GRANTED THEREBY TO COERCE OR ATTEMPT TO COERCE A HOSPITAL TO

SELECT THE ORGANIZATION OR ANY TISSUE PROCUREMENT PROVIDER

CONTRACTUALLY AFFILIATED WITH THE ORGANIZATION AS A DESIGNATED

TISSUE PROCUREMENT PROVIDER UNDER SECTION 8617(E).

(B) UNFAIR ACTS.--NO ORGAN PROCUREMENT ORGANIZATION OR

TISSUE PROCUREMENT PROVIDER MAY DISPARAGE THE SERVICES OR

BUSINESS OF OTHER PROCUREMENT PROVIDERS BY FALSE OR MISLEADING

REPRESENTATIONS OF FACT, ENGAGE IN ANY OTHER FRAUDULENT CONDUCT

TO INFLUENCE THE SELECTION BY A HOSPITAL OF A QUALIFIED TISSUE

PROCUREMENT PROVIDER NOR ENGAGE IN UNLAWFUL COMPETITION OR

DISCRIMINATION. THIS SUBSECTION IS NOT INTENDED TO RESTRICT OR

PRECLUDE ANY ORGAN PROCUREMENT ORGANIZATION OR TISSUE

PROCUREMENT PROVIDER FROM MARKETING OR PROMOTING ITS SERVICES IN

THE NORMAL COURSE OF BUSINESS.]

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

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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

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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.

SECTION 8. TITLE 20 IS AMENDED BY ADDING SECTIONS TO READ:

§ 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

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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.

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) CONFLICT.--

(1) IF THERE IS A CONFLICT BETWEEN THE WISHES OF AN

INDIVIDUAL WHOSE DEATH IS IMMINENT OR HAS DIED IN A HOSPITAL

AS SET FORTH IN SECTION 8617 (RELATING TO REQUESTS FOR

ANATOMICAL GIFTS) WHICH INDICATE AN INTENTION TO LIMIT,

REVOKE OR DENY MAKING AN ANATOMICAL GIFT AND INFORMATION

20170SB0180PN1530 - 114 -

ENTERED INTO THE DONATE LIFE PA REGISTRY WHICH INDICATES THE

INDIVIDUAL HAS A DESIGNATION ON THE INDIVIDUAL'S DRIVER'S

LICENSE OF ORGAN DONOR, THE DECISION MADE BY THE INDIVIDUAL

WHICH IS MORE RECENT IN TIME SHALL PREVAIL. IN THE EVENT THAT

THE INFORMATION IN THE DONATE LIFE PA REGISTRY DESIGNATING

THE INDIVIDUAL AS AN ORGAN DONOR IS THE MORE RECENT IN TIME,

THEN ANY LIMITATION EXPRESSED BY THE INDIVIDUAL REGARDING AN

INTENTION TO LIMIT THE ANATOMICAL GIFT TO PARTS OF THE BODY

RECORDED IN A DOCUMENT IN SECTION 8617(C)(3) OR ANY OTHER

DOCUMENT SHALL PREVAIL.

(2) SUBJECT TO PARAGRAPH (1), REGISTRATION BY A DONOR

SHALL CONSTITUTE SUFFICIENT AUTHORIZATION TO DONATE ORGANS

AND TISSUES FOR TRANSPLANTATION AND THERAPY. AUTHORIZATION OF

ANOTHER PERSON SHALL NOT BE NECESSARY TO EFFECTUATE THE

ANATOMICAL GIFT.

(F) TECHNOLOGY.--AN INFORMATION TECHNOLOGY SYSTEM ADOPTED BY

THE DEPARTMENT 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.

§ 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

20170SB0180PN1530 - 115 -

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,

THE FORENSIC PATHOLOGIST, IF AVAILABLE, AND THE APPLICABLE

DESIGNATED ORGAN PROCUREMENT ORGANIZATION AT THE HOSPITAL,

DURING A REASONABLE TIME CONSISTENT WITH ORGAN DONATION AND

PRESERVATION OF FORENSIC EVIDENCE.

(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 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.

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).

§ 8627. COLLABORATION AMONG DEPARTMENTS AND ORGAN PROCUREMENT

ORGANIZATIONS.

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(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.

§ 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.

§ 8629. DEPARTMENT OF TRANSPORTATION.

THE FOLLOWING SHALL APPLY:

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(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).

§ 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).

§ 8631. STUDY OF ORGAN PROCUREMENT ORGANIZATIONS.

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(A) STUDY.--THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE

SHALL CONDUCT A STUDY AND PERFORMANCE EVALUATION OF E XPENDITURES

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.

§ 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.

SECTION 9. SUBCHAPTER C OF CHAPTER 86 OF TITLE 20 IS

REPEALED:

[SUBCHAPTER C

CORNEAL TRANSPLANTS

SEC.

8641. REMOVAL OF CORNEAL TISSUE PERMITTED UNDER CERTAIN

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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

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EXTEND TO PERSONS IF DAMAGES RESULT FROM THE GROSS NEGLIGENCE,

RECKLESSNESS OR INTENTIONAL MISCONDUCT OF THE PERSON.]

SECTION 10. CHAPTER 86 OF TITLE 20 IS AMENDED BY ADDING A

SUBCHAPTER TO READ:

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.

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.

§ 8651. SCOPE OF SUBCHAPTER.

THIS SUBCHAPTER APPLIES EXCLUSIVELY TO HANDS, FACIAL TISSUE,

LIMBS AND OTHER VASCULARIZED COMPOSITE ALLOGRAFTS DONATED BY AN

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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

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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.

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(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).

§ 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

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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

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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 DISTRICT ATTORNEY OR A LAW ENFORCEMENT

OFFICER NOTIFIES THE ORGAN PROCUREMENT ORGANIZATION THAT

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

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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

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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.

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§ 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, THE FORENSIC PATHOLOGIST, IF AVAILABLE,

AND THE APPLICABLE DESIGNATED ORGAN PROCUREMENT ORGANIZATION

AT THE HOSPITAL, DURING A REASONABLE TIME CONSISTENT WITH

DONATION AND PRESERVATION OF FORENSIC EVIDENCE.

(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 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

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WRITTEN STATEMENT SHALL BE EXEMPT FROM THE ACT OF FEBRUARY

14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

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).

§ 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).

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(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 .

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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

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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 OR WITHHOLD 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

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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 PART.

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 BODY OR PART 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) .

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§ 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

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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.

§ 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

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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

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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.

SECTION 11. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THIS SECTION.

(II) THE ADDITION OF 20 PA.C.S. § 8619(A.1).

(III) THE ADDITION OF 20 PA.C.S. § 8621(C)(2).

(IV) THE ADDITION OF 20 PA.C.S. § 8626.

(V) THE ADDITION OF 20 PA.C.S. § 8628.

(VI) THE ADDITION OF 20 PA.C.S. § 8629.

(VII) THE ADDITION OF 20 PA.C.S. § 8631.

(VIII) THE ADDITION OF 20 PA.C.S. CH. 86 SUBCH. D.

(2) THE AMENDMENT OF 20 PA.C.S. § 305(D)(2) SHALL TAKE

EFFECT IN 60 DAYS.

(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT UPON

PUBLICATION OF THE NOTICE UNDER 20 PA.C.S. § 8629.

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