S0180B1532A06502 BIL:BTW 04/13/18 #90 A06502
AMENDMENTS TO SENATE BILL NO. 180
Sponsor: REPRESENTATIVE CUTLER
Printer's No. 1532
Amend Bill, page 1, line 30, by inserting after "EXAMPLE;"
and,
Amend Bill, page 2, line 15, by inserting after
"INVESTIGATION,"
for notification by coroners and medical examiners to district
attorneys, for discretionary notification by coroner or
medical examiner,
Amend Bill, page 2, line 16, by inserting after
"ORGANIZATIONS,"
for information relative to organ and tissue donation,
Amend Bill, page 50, line 20, by striking out "305(D)(2)" and
inserting
305(a), (a.1) and (d)(2)
Amend Bill, page 50, by inserting between lines 22 and 23
(a) General rule.--Except as specified in subsection (a.1),
the determination of the final disposition of a decedent's
remains shall be as set forth in this section unless otherwise
specifically provided by waiver and agreement of the person
entitled to make such determination under this section, subject
to the provisions of a valid will executed by the decedent and
[section] sections 8611(a) (relating to persons who may execute
anatomical gift) and 8654(1) (relating to requirement of
explicit, specific and separate authorization).
(a.1) Exception for members of the armed forces.--The
determination of the final disposition of a decedent's remains
shall be as set forth in this section unless otherwise
specifically provided by a DD Form 93 executed later in time
than a valid will executed by the decedent or a waiver and
agreement of the person entitled to make such determination
under this section, subject to the provisions of [section]
sections 8611(a) and 8654(1).
2018/90BIL/SB0180A06502 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Amend Bill, page 75, lines 22 and 23, by striking out
"DISTRICT ATTORNEY OR A LAW ENFORCEMENT OFFICER NOTIFIES THE
ORGAN PROCUREMENT ORGANIZATION THAT THE"
Amend Bill, page 96, lines 10 through 30; page 97, lines 1
through 23; by striking out all of said lines on said pages and
inserting
(a.1) Informational insert.--The following apply:
(1) Within 180 days of the effective date of this
subsection, the Department of Transportation shall furnish an
informational insert about organ donation, tissue donation
and donation of vascularized composite allografts to each
applicant for a renewal driver's license or identification
card at the time of renewal.
(2) The informational insert shall explain:
(i) that under Pennsylvania law, donation of organs,
tissues and vascularized composite allografts is a
voluntary act;
(ii) the difference between organs, tissues and
vascularized composite allografts;
(iii) that under Pennsylvania law, explicit and
specific consent is needed to donate a vascularized
composite allograft;
(iv) that under Pennsylvania law, the request for a
vascularized composite allograft must be made separately
from a request for organs and tissues;
(v) that the organ donor designation on the driver's
license authorizes the individual to donate organs and
tissue and does not authorize the individual to donate a
vascularized composite allograft;
(vi) that more information about organ donation,
tissue donation and donation of vascularized composite
allografts, including information about the procedure for
recovering organs and other parts of the body and
information about being declared dead through brain death
and dead by lack of cardiac function, can be found on the
Department of Transportation's publicly accessible
Internet website; and
(vii) that, before deciding whether to have an organ
donor designation placed on the driver's license, the
individual may consult with the individual's physician,
attorney or clergy.
(3) The Governor Robert P. Casey Memorial Organ and
Tissue Donation Awareness Trust Fund shall reimburse the
Department of Transportation for the costs incurred in the
development and implementation of the informational insert
2018/90BIL/SB0180A06502 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
program.
Amend Bill, page 116, lines 5 through 9, by striking out the
comma in line 5 and all of lines 6 through 9 and inserting
and the applicable designated organ procurement
organization at the hospital, during a reasonable time
consistent with organ donation and preservation of forensic
evidence. In addition, the forensic pathologist may
participate as part of the medical advisory group by
appearing in person at the hospital, by telephone or through
electronic means.
Amend Bill, page 116, line 19, by inserting after "DENIAL."
The statement shall be provided to the designated organ
procurement organization upon request.
Amend Bill, page 116, by inserting between lines 29 and 30
§ 8626.1. Notification by coroners and medical examiners to
district attorneys.
(a) Applicability.--This section shall apply in all cases
when the coroner or medical examiner:
(1) must determine the cause of death and whether the
death may have resulted from criminal acts or criminal
neglect; and
(2) is not the coroner or medical examiner of the county
in which the cause precipitating the death of the individual
is believed to have occurred.
(b) Procedure.--The coroner or medical examiner specified in
subsection (a)(2) shall notify the coroner or medical examiner
of the county in which the cause precipitating the death of the
individual is believed to have occurred. After receiving the
notification, the coroner or medical examiner shall notify or
cause to be notified the district attorney of the county in
which the cause precipitating the death of the individual is
believed to have occurred.
§ 8626.2. Discretionary notification by coroner or medical
examiner.
(a) Notification.--Except as set forth in subsection (b), a
coroner or medical examiner or designee may notify the
applicable designated organ procurement organization of a
person's death outside the hospital for the purpose of
facilitating recovery of tissues for transplant.
(b) Exception.--Notification shall not apply if:
(1) the person was admitted to the hospital at or around
the time of death; or
(2) the notification to the coroner or medical examiner
occurred more than 18 hours following the estimated time of
the person's death.
Amend Bill, page 117, by inserting between lines 16 and 17
2018/90BIL/SB0180A06502 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
§ 8627.1 . Information relative to organ and tissue donation.
(a) Model curriculum.--Within nine months of the effective
date of this section, the Department of Education, in
consultation with the designated organ procurement
organizations, shall develop and post on the Department of
Education's publicly accessible Internet website a model
curriculum regarding organ donation for students in grades 9
through 12 which public and nonpublic schools may use to provide
instruction . The form and content of the model curriculum
regarding organ donation shall be determined by the Department
of Education. The model curriculum shall do all of the
following, at a minimum:
(1) Provide a comprehensive, scientific overview of
anatomical donation, its history and scientific advancement.
(2) Fully address the risks and benefits of and the
myths and misunderstandings regarding organ and tissue
donation.
(3) Explain the options available to minors and adults,
including the option of designating oneself as an organ and
tissue donor and the option of not designating oneself as an
organ donor.
(b) Materials.-- Within nine months of the effective date of
this section, the Department of Education shall make related
instructional materials available on the Department of
Education's publicly accessible Internet website to public and
nonpublic schools educating students in grades 9 through 12. The
General Assembly shall encourage public and nonpublic schools to
use the instructional materials. Nothing in this subsection
shall be construed to require public or nonpublic schools to use
the instructional materials.
(c) Parental option.--A minor enrolled in a public or
nonpublic school shall be permitted to opt out of receiving
instruction or materials relating to anatomical donation as
provided under this section if the minor's parent or guardian
has provided written notice to the school.
(d) Institutions of higher education.--
(1) Beginning with the 2018-2019 school year, each
public institution of higher education in this Commonwealth
may provide, in collaboration with the designated organ
procurement organizations, information to its students,
either through student health services or as part of the
curriculum, which:
(i) provides a comprehensive, scientific overview of
anatomical donation, its history and scientific
advancement; and
(ii) addresses the risks and benefits of and the
myths and misunderstandings about anatomical donation.
(2) Beginning with the 2019-2020 school year, each
private institution of higher education in this Commonwealth
may provide, in collaboration with the designated organ
procurement organizations, information to its students,
2018/90BIL/SB0180A06502 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
either through student health services or as part of the
curriculum, which:
(i) provides a comprehensive, scientific overview of
anatomical donation, its history and scientific
advancement; and
(ii) addresses the risks and benefits of and the
myths and misunderstandings about anatomical donation.
Amend Bill, page 121, by inserting between lines 19 and 20
8657.1. Notification by coroners and medical examiners to
district attorneys.
Amend Bill, page 126, lines 14 through 16, by striking out
"DISTRICT ATTORNEY OR A LAW ENFORCEMENT" in line 14, all of line
15 and "THE" in line 16
Amend Bill, page 129, lines 16 through 19, by striking out ",
THE FORENSIC PATHOLOGIST, IF AVAILABLE," in line 16 and all of
lines 17 through 19 and inserting
and the applicable designated organ procurement
organization at the hospital, during a reasonable time
consistent with donation and preservation of forensic
evidence. In addition, the forensic pathologist may
participate as part of the medical advisory group by
appearing in person at the hospital, by telephone or through
electronic means.
Amend Bill, page 129, line 29, by inserting after "DENIAL."
The statement shall be provided to the designated organ
procurement organization upon request.
Amend Bill, page 130, by inserting between lines 9 and 10
§ 8657.1. Notification by coroners and medical examiners to
district attorneys.
(a) Applicability.--This section shall apply in all cases
when the coroner or medical examiner:
(1) must determine the cause of death and whether the
death may have resulted from criminal acts or criminal
neglect; and
(2) the coroner or medical examiner is not the coroner
or medical examiner of the county in which the cause
precipitating the death of the individual is believed to have
occurred.
(b) Procedure.--The coroner or medical examiner specified in
subsection (a)(2) shall notify the coroner or medical examiner
of the county in which the cause precipitating the death of the
individual is believed to have occurred. After receiving the
2018/90BIL/SB0180A06502 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
notification, the coroner or medical examiner shall notify or
cause to be notified the district attorney of the county in
which the cause precipitating the death of the individual is
believed to have occurred.
Amend Bill, page 138, by inserting between lines 19 and 20
(ii) The addition of 20 Pa.C.S. § 8613(i).
Amend Bill, page 138, line 20, by striking out "(II)" and
inserting
(iii)
Amend Bill, page 138, line 21, by striking out "(III)" and
inserting
(iv)
Amend Bill, page 138, line 22, by striking out "(IV)" and
inserting
(v)
Amend Bill, page 138, by inserting between lines 22 and 23
(vi) The addition of 20 Pa.C.S. § 8626.1.
(vii) The addition of 20 Pa.C.S. § 8627.1.
Amend Bill, page 138, line 23, by striking out "(V)" and
inserting
(viii)
Amend Bill, page 138, line 24, by striking out "(VI)" and
inserting
(ix)
Amend Bill, page 138, line 25, by striking out "(VII)" and
inserting
(x)
Amend Bill, page 138, line 26, by striking out "(VIII)" and
inserting
(xi)
2018/90BIL/SB0180A06502 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
See A06502 in
the context
of SB0180