PRINTER'S NO.  178

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

100

Session of

2011

  

  

INTRODUCED BY PETRARCA, CALTAGIRONE, CLYMER, COHEN, D. COSTA, DeLUCA, FLECK, FRANKEL, GEIST, GEORGE, HALUSKA, JOSEPHS, KORTZ, KULA, LONGIETTI, MUSTIO, M. O'BRIEN, PYLE, SAYLOR, SWANGER, VULAKOVICH AND WAGNER, JANUARY 26, 2011

  

  

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2011  

  

  

  

AN ACT

  

1

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

2

Pennsylvania Consolidated Statutes, extensively revising

3

provisions on anatomical gifts in the areas of

4

authorizations, procedure, amendment, revocation, refusal,

5

receipt, for rights and duties of hospitals and organ

6

procurement organizations, prohibitions, limited immunity,

7

the Governor Robert P. Casey Memorial Organ and Tissue

8

Donation Awareness Trust Fund, and providing for

9

contributions to the fund; and making editorial changes.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Section 305(a) of Title 20 of the Pennsylvania

13

Consolidated Statutes is amended to read:

14

§ 305.  Right to dispose of a decedent's remains.

15

(a)  General rule.--The determination of the final

16

disposition of a decedent's remains shall be as set forth in

17

this section unless otherwise specifically provided by waiver

18

and agreement of the person entitled to make such determination

19

under this section, subject to the provisions of a valid will

20

executed by the decedent and [section 8611(a)(relating to

 


1

persons who may execute anatomical gift)] sections 8612

2

(relating to anatomical gift before donor's death) and 8617

3

(relating to anatomical gift after donor's death).

4

* * *

5

Section 2.  Chapter 86 of Title 20 is repealed:

6

[CHAPTER 86

7

ANATOMICAL GIFTS

8

Subchapter

9

A.  General Provisions

10

B.  Express Anatomical Gifts

11

C.  Corneal Transplants

12

SUBCHAPTER A

13

GENERAL PROVISIONS

14

Sec.

15

8601.  Definitions.

16

§ 8601.  Definitions.

17

The following words and phrases when used in this chapter

18

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

19

context clearly indicates otherwise:

20

"Acute care general hospital."  Any hospital which has an

21

emergency room facility.

22

"Advisory committee."  The Organ Donation Advisory Committee

23

established under section 8622 (relating to The Governor Robert

24

P. Casey Memorial Organ and Tissue Donation Awareness Trust

25

Fund).

26

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

27

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

28

bodies or parts thereof.

29

"Board."  The Humanity Gifts Registry.

30

"Decedent."  A deceased individual, including a stillborn

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1

infant or fetus.

2

"Donor."  An individual who makes a gift of all or part of

3

his body.

4

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

5

Tissue Donation Awareness Trust Fund established under section

6

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

7

and Tissue Donation Awareness Trust Fund).

8

"Hospital."  An institution licensed in this Commonwealth

9

having an organized medical staff established for the purpose of

10

providing to inpatients, by or under the supervision of

11

physicians, diagnostic and therapeutic services for the care of

12

persons who are injured, disabled, pregnant, diseased, sick or

13

mentally ill or rehabilitation services for the rehabilitation

14

of persons who are injured, disabled, pregnant, diseased, sick

15

or mentally ill. The term includes facilities for the diagnosis

16

and treatment of disorders within the scope of specific medical

17

specialties. The term does not include facilities caring

18

exclusively for the mentally ill.

19

"Organ procurement organization."  An organization that meets

20

the requirements of section 371 of the Public Health Service Act

21

(58 Stat. 682, 42 U.S.C. § 273).

22

"Part."  Organs, tissues, eyes, bones, arteries, blood, other

23

fluids and any other portions of a human body.

24

"Person."  An individual, corporation, government or

25

governmental subdivision or agency, business trust, estate,

26

trust, partnership, association or any other legal entity.

27

"Physician" or "surgeon."  A physician or surgeon licensed or

28

authorized to practice under the laws of any state.

29

"State."  Any state, district, commonwealth, territory,

30

insular possession and any other area subject to the legislative

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1

authority of the United States of America.

2

"Unlawful competition."  Conduct declared unlawful under

3

section 3 of the act of December 17, 1968 (P.L.1224, No.387),

4

known as the Unfair Trade Practices and Consumer Protection Law.

5

SUBCHAPTER B

6

EXPRESS ANATOMICAL GIFTS

7

Sec.

8

8611.  Persons who may execute anatomical gift.

9

8612.  Persons who may become donees; purposes for which

10

anatomical gifts may be made.

11

8613.  Manner of executing anatomical gifts.

12

8614.  Delivery of document of gift.

13

8615.  Amendment or revocation of gift.

14

8616.  Rights and duties at death.

15

8617.  Requests for anatomical gifts.

16

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

17

indicate organ or tissue donation.

18

8620.  Police and emergency personnel responsibilities.

19

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

20

Donation Awareness Trust Fund contributions.

21

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

22

Donation Awareness Trust Fund.

23

8623.  Confidentiality requirement.

24

8624.  Prohibited activities.

25

§ 8611.  Persons who may execute anatomical gift.

26

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

27

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

28

purpose specified in section 8612 (relating to persons who may

29

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

30

the gift to take effect upon death. Any agent acting under a

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1

power of attorney which authorizes the agent to make anatomical

2

gifts may effectuate a gift for any purpose specified in section

3

8612. Any individual who is a minor and 16 years of age or older

4

may effectuate a gift for any purpose specified in section 8612,

5

provided parental or guardian consent is deemed given. Parental

6

or guardian consent shall be noted on the minor's donor card,

7

application for the donor's learner's permit or driver's license

8

or other document of gift. A gift of the whole body shall be

9

invalid unless made in writing at least 15 days prior to the

10

date of death or consent is obtained from the legal next of kin.

11

Where there are adult children of the deceased who are not

12

children of the surviving spouse, their consent shall also be

13

required for a gift of the whole body for anatomical study.

14

(b)  Others entitled to donate anatomy of decedent.--Any of

15

the following persons, in order of priority stated, when persons

16

in prior classes are not available at the time of death, and in

17

the absence of actual notice of contrary indications by the

18

decedent or actual notice of opposition by a member of the same

19

or a prior class, may give all or any part of the decedent's

20

body for any purpose specified in section 8612:

21

(1)  The spouse.

22

(2)  An adult son or daughter.

23

(3)  Either parent.

24

(4)  An adult brother or sister.

25

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

26

of his death.

27

(6)  Any other person authorized or under obligation to

28

dispose of the body.

29

(c)  Donee not to accept in certain cases.--If the donee has

30

actual notice of contrary indications by the decedent or that a

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1

gift by a member of a class is opposed by a member of the same

2

or a prior class, the donee shall not accept the gift. The

3

persons authorized by subsection (b) may make the gift after or

4

immediately before death.

5

(d)  Examinations.--A gift of all or part of a body

6

authorizes any examination necessary to assure medical

7

acceptability of the gift for the purposes intended.

8

(e)  Rights of donee paramount.--The rights of the donee

9

created by the gift are paramount to the rights of others except

10

as provided by section 8616(d) (relating to rights and duties at

11

death).

12

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

13

anatomical gifts may be made.

14

The following persons may become donees of gifts of bodies or

15

parts thereof for any of the purposes stated:

16

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

17

dental education, research, advancement of medical or dental

18

science, therapy or transplantation.

19

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

20

university for education, research, advancement of medical or

21

dental science or therapy.

22

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

23

education, research, advancement of medical or dental

24

science, therapy or transplantation.

25

(4)  Any specified individual for therapy or

26

transplantation needed by him.

27

(5)  The board.

28

§ 8613.  Manner of executing anatomical gifts.

29

(a)  Gifts by will.--A gift of all or part of the body under

30

section 8611(a) (relating to persons who may execute anatomical

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1

gift) may be made by will. The gift becomes effective upon the

2

death of the testator without waiting for probate. If the will

3

is not probated or if it is declared invalid for testamentary

4

purposes, the gift, to the extent that it has been acted upon in

5

good faith, is nevertheless valid and effective.

6

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

7

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

8

than a will. The gift becomes effective upon the death of the

9

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

10

on the person, must be signed by the donor in the presence of

11

two witnesses who must sign the document in his presence. If the

12

donor is mentally competent to signify his desire to sign the

13

document but is physically unable to do so, the document may be

14

signed for him by another at his direction and in his presence

15

in the presence of two witnesses who must sign the document in

16

his presence. Delivery of the document of gift during the

17

donor's lifetime is not necessary to make the gift valid.

18

(c)  Specified and unspecified donees.--The gift may be made

19

to a specified donee or without specifying a donee. If the

20

latter, the gift may be accepted by the attending physician as

21

donee upon or following death. If the gift is made to a

22

specified donee who is not available at the time and place of

23

death, the attending physician upon or following death, in the

24

absence of any expressed indication that the donor desired

25

otherwise, may accept the gift as donee. The physician who

26

becomes a donee under this subsection shall not participate in

27

the procedures for removing or transplanting a part.

28

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

29

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

30

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

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1

document of gift the surgeon or physician to carry out the

2

appropriate procedures. In the absence of a designation or if

3

the designee is not available, the donee or other person

4

authorized to accept the gift may employ or authorize any

5

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

6

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

7

director licensed by the State Board of Funeral Directors, an

8

eye bank technician or medical student, if the person has

9

successfully completed a course in eye enucleation approved by

10

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

11

bank technician or medical student trained under a program in

12

the sterile technique for eye enucleation approved by the State

13

Board of Medical Education and Licensure to enucleate eyes for

14

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

15

physician. A qualified funeral director, eye bank technician or

16

medical student acting in accordance with the terms of this

17

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

18

the eye enucleation.

19

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

20

license, living will, durable power of attorney or other

21

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

22

executed, consent of any person designated in section 8611(b) at

23

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

24

necessary to render the gift valid and effective.

25

(f)  Documentation of gifts by others.--Any gift by a person

26

designated in section 8611(b) shall be made by a document signed

27

by him or made by his telegraphic, recorded telephonic or other

28

recorded message.

29

§ 8614.  Delivery of document of gift.

30

If the gift is made by the donor to a specified donee, the

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1

will, card or other document or an executed copy thereof may be

2

delivered to the donee to expedite the appropriate procedures

3

immediately after death. Delivery is not necessary to the

4

validity of the gift. The will, card or other document or an

5

executed copy thereof may be deposited in any hospital, bank or

6

storage facility that accepts it for safekeeping or for

7

facilitation of procedures after death. On request of any

8

interested party upon or after the donor's death, the person in

9

possession shall produce the document for examination.

10

§ 8615.  Amendment or revocation of gift.

11

(a)  Document delivered to donee.--If the will, card or other

12

document or executed copy thereof has been delivered to a

13

specified donee, the donor may amend or revoke the gift by any

14

of the following:

15

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

16

statement.

17

(2)  An oral statement made in the presence of two

18

persons and communicated to the donee.

19

(3)  A statement during a terminal illness or injury

20

addressed to an attending physician and communicated to the

21

donee.

22

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

23

his effects.

24

(b)  Document not delivered to donee.--Any document of gift

25

which has not been delivered to the donee may be revoked by the

26

donor in the manner set out in subsection (a) or by destruction,

27

cancellation or mutilation of the document and all executed

28

copies thereof.

29

(c)  Gifts by will.--Any gift made by a will may also be

30

amended or revoked in the manner provided for amendment or

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1

revocation of wills or as provided in subsection (a).

2

§ 8616.  Rights and duties at death.

3

(a)  Donees and relatives.--The donee may accept or reject

4

the gift. If the donee accepts a gift of the entire body, he

5

shall, subject to the terms of the gift, authorize embalming and

6

the use of the body in funeral services if the surviving spouse

7

or next of kin as determined in section 8611(b) (relating to

8

persons who may execute anatomical gift) requests embalming and

9

use of the body for funeral services. If the gift is of a part

10

of the body, the donee, upon the death of the donor and prior to

11

embalming, shall cause the part to be removed without

12

unnecessary mutilation. After removal of the part, custody of

13

the remainder of the body vests in the surviving spouse, next of

14

kin or other persons under obligation to dispose of the body.

15

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

16

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

17

physician who certifies the death. The physician or person who

18

certifies death or any of his professional partners or

19

associates shall not participate in the procedures for removing

20

or transplanting a part.

21

(c)  Certain liability limited.--A person who acts in good

22

faith in accordance with the terms of this subchapter or with

23

the anatomical gift laws of another state or a foreign country

24

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

25

prosecution in any criminal proceeding for his act.

26

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

27

subchapter are subject to the laws of this Commonwealth

28

prescribing powers and duties with respect to autopsies.

29

§ 8617.  Requests for anatomical gifts.

30

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

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1

an acute care general hospital, the hospital shall make contact

2

with the regional organ procurement organization in order to

3

determine the suitability for organ, tissue and eye donation for

4

any purpose specified under this subchapter. This contact and

5

the disposition shall be noted on the patient's medical record.

6

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

7

designee has received actual notice of opposition from any of

8

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

9

may execute anatomical gift) and the decedent was not in

10

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

11

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

12

(c)  Donor card.--Notwithstanding any provision of law to the

13

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

14

donor program as evidenced by the possession of a validly

15

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

16

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

17

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

18

8611(b).

19

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

20

general hospital shall develop within one year of the date of

21

final enactment of this section, with the concurrence of the

22

hospital medical staff, a protocol for identifying potential

23

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

24

time of every individual death, all acute care general hospitals

25

contact by telephone their regional organ procurement

26

organization to determine suitability for organ, tissue and eye

27

donation of the individual in question. The person designated by

28

the acute care general hospital to contact the organ procurement

29

organization shall have the following information available

30

prior to making the contact:

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1

(1)  The patient's identifier number.

2

(2)  The patient's age.

3

(3)  The cause of death.

4

(4)  Any past medical history available.

5

The organ procurement organization, in consultation with the

6

patient's attending physician or his designee, shall determine

7

the suitability for donation. If the organ procurement

8

organization in consultation with the patient's attending

9

physician or his designee determines that donation is not

10

appropriate based on established medical criteria, this shall be

11

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

12

further action is necessary. If the organ procurement

13

organization in consultation with the patient's attending

14

physician or his designee determines that the patient is a

15

suitable candidate for anatomical donation, the acute care

16

general hospital shall initiate a request by informing the

17

persons and following the procedure designated under section

18

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

19

person initiating the request shall be an organ procurement

20

organization representative or a designated requestor. The organ

21

procurement organization representative or designated requestor

22

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

23

deceased was an organ donor. If the person designated under

24

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

25

informed of the option to donate organs and tissues. The

26

protocol shall encourage discretion and sensitivity to family

27

circumstances in all discussions regarding donations of tissue

28

or organs. The protocol shall take into account the deceased

29

individual's religious beliefs or nonsuitability for organ and

30

tissue donation.

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1

(e)  Tissue procurement.--

2

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

3

transplantation.

4

(2)  Upon Department of Health approval of guidelines

5

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

6

hospitals shall select at least one tissue procurement

7

provider. A hospital shall notify the regional organ

8

procurement organization of its choice of tissue procurement

9

providers. If a hospital chooses more than one tissue

10

procurement provider, it may specify a rotation of referrals

11

by the organ procurement organization to the designated

12

tissue procurement providers.

13

(3)  Until the Department of Health has approved

14

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

15

referrals at each hospital shall be rotated in a proportion

16

equal to the average rate of donors recovered among the

17

tissue procurement providers at that hospital during the two-

18

year period ending August 31, 1994.

19

(4)  The regional organ procurement organization, with

20

the assistance of tissue procurement providers, shall submit

21

an annual report to the General Assembly on the following:

22

(i)  The number of tissue donors.

23

(ii)  The number of tissue procurements for

24

transplantation.

25

(iii)  The number of tissue procurements recovered

26

for research by each tissue procurement provider

27

operating in this Commonwealth.

28

(f)  Guidelines.--

29

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

30

procurement organizations, tissue procurement providers and

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1

the Hospital Association of Pennsylvania, donor recipients

2

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

3

to The Governor Robert P. Casey Memorial Organ and Tissue

4

Donation Awareness Trust Fund) shall, within six months of

5

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

6

(i)  Establish guidelines regarding efficient

7

procedures facilitating the delivery of anatomical gift

8

donations from receiving hospitals to procurement

9

providers.

10

(ii)  Develop guidelines to assist hospitals in the

11

selection and designation of tissue procurement

12

providers.

13

(2)  Each organ procurement organization and each tissue

14

procurement provider operating within this Commonwealth

15

shall, within six months of the effective date of this

16

chapter, file with the Department of Health, for public

17

review, its operating protocols.

18

(g)  Death record review.--

19

(1)  The Department of Health shall make annual death

20

record reviews at acute care general hospitals to determine

21

their compliance with subsection (d).

22

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

23

hospital, the following apply:

24

(i)  The Department of Health shall select to carry

25

out the review the Commonwealth-licensed organ

26

procurement organization designated by the Health Care

27

Financing Administration for the region within which the

28

acute care general hospital is located. For an organ

29

procurement organization to be selected under this

30

subparagraph, the organization must not operate nor have

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1

an ownership interest in an entity which provides all of

2

the functions of a tissue procurement provider.

3

(ii)  If there is no valid selection under

4

subparagraph (i) or if the organization selected under

5

subparagraph (i) is unwilling to carry out the review,

6

the department shall select to carry out the review any

7

other Commonwealth-licensed organ procurement

8

organization. For an organ procurement organization to be

9

selected under this subparagraph, the organization must

10

not operate nor have an ownership interest in an entity

11

which provides all of the functions of a tissue

12

procurement provider.

13

(iii)  If there is no valid selection under

14

subparagraph (ii) or if the organization selected under

15

subparagraph (ii) is unwilling to carry out the review,

16

the department shall carry out the review using trained

17

department personnel.

18

(3)  There shall be no cost assessed against a hospital

19

for a review under this subsection.

20

(4)  If the department finds, on the basis of a review

21

under this subsection, that a hospital is not in compliance

22

with subsection (d), the department may impose an

23

administrative fine of up to $500 for each instance of

24

noncompliance. A fine under this paragraph is subject to 2

25

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

26

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

27

judicial review of Commonwealth agency action). Fines

28

collected under this paragraph shall be deposited into the

29

fund.

30

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

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1

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

2

subsection:

3

"Designated requestor."  A hospital employee completing a

4

course offered by an organ procurement organization on how to

5

approach potential donor families and request organ or tissue

6

donation.

7

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

8

contact an organ procurement organization as required under

9

subsection (d).

10

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

11

indicate organ or tissue donation.

12

(a)  General rule.--Beginning as soon as practicable, but no

13

later than January 1, 1995, or one year following the effective

14

date of this section, whichever is later, the Department of

15

Transportation shall redesign the driver's license and

16

identification card application system to process requests for

17

information regarding consent of the individual to organ or

18

tissue donation. The following question shall be asked:

19

Do you wish to have the organ donor designation printed

20

on your driver's license?

21

Only an affirmative response of an individual shall be noted on

22

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

23

shall clearly indicate the individual's intent to donate his

24

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

25

or identification card that he intends to donate his organs or

26

tissue is deemed sufficient to satisfy all requirements for

27

consent to organ or tissue donation.

28

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

29

designated by the Federal Government in the Commonwealth of

30

Pennsylvania as part of the nationwide organ procurement network

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1

may be given 24-hour-a-day electronic access to information

2

necessary to confirm an individual's organ donor status through

3

the Department of Transportation's driver licensing database.

4

Necessary information shall include the individual's name,

5

address, date of birth, driver's license number and organ donor

6

status. Notwithstanding 75 Pa.C.S. § 6114 (relating to

7

limitation on sale, publication and disclosure of records), the

8

Department of Transportation is authorized to provide the organ

9

procurement organizations, after a written agreement between the

10

Department of Transportation and the organ procurement

11

organizations is first obtained, with the foregoing information.

12

The organ procurement organization shall not use such

13

information for any purpose other than to confirm an

14

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

15

individual's death. The organ procurement organizations shall

16

not be assessed the fee for such information prescribed by 75

17

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

18

and vehicles).

19

§ 8620.  Police and emergency personnel responsibilities.

20

Police and emergency personnel responding to the scene of an

21

accident or trauma shall take reasonable steps to insure that

22

the driver's license or personal identification card, donor card

23

or other document of gift and medical alert bracelet, if any, of

24

the individual involved in the accident or trauma accompanies

25

the individual to the hospital or other health care facility.

26

The hospital or other health care facility shall, within five

27

days, if practicable, return the driver's license or

28

identification card to the Department of Transportation,

29

accompanied by a form prescribed by the Department of

30

Transportation, if the individual involved in the accident is

- 17 -

 


1

deceased.

2

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

3

Donation Awareness Trust Fund contributions.

4

(a)  Driver's license.--Beginning as soon as practicable, but

5

no later than January 1, 1995, the Department of Transportation

6

shall provide an applicant for an original or renewal driver's

7

license or identification card the opportunity to make a

8

contribution of $1 to the fund. The contribution shall be added

9

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

10

or identification card. One contribution may be made for each

11

issuance or renewal of a license or identification card.

12

Contributions shall be used exclusively for the purposes set out

13

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

14

Memorial Organ and Tissue Donation Awareness Trust Fund). The

15

Department of Transportation shall monthly determine the total

16

amount designated under this section and shall report that

17

amount to the State Treasurer, who shall transfer that amount to

18

The Governor Robert P. Casey Memorial Organ and Tissue Donation

19

Awareness Trust Fund.

20

(b)  Vehicle registration.--The Department of Transportation

21

shall provide an applicant for a renewal vehicle registration

22

the opportunity to make a contribution of $1 to The Governor

23

Robert P. Casey Memorial Organ and Tissue Donation Awareness

24

Trust Fund. The contribution shall be added to the regular fee

25

for a renewal of a vehicle registration. One contribution may be

26

made for each renewal vehicle registration. Contributions shall

27

be used exclusively for the purposes described in section 8622.

28

The Department of Transportation shall monthly determine the

29

total amount designated under this section and shall report that

30

amount to the State Treasurer, who shall transfer that amount to

- 18 -

 


1

The Governor Robert P. Casey Memorial Organ and Tissue Donation

2

Awareness Trust Fund. The Governor Robert P. Casey Memorial

3

Organ and Tissue Donation Awareness Trust Fund shall reimburse

4

the department for the initial costs incurred in the development

5

and implementation of the contribution program under this

6

subsection. The General Fund shall reimburse the Department of

7

Transportation for the actual annual operating costs of the

8

program for vehicle registrations as described in this

9

subsection subject to the following limits: For the first fiscal

10

year during which this subsection is effective, the General Fund

11

shall reimburse the Department of Transportation for the actual

12

operating costs of the program in this subsection up to a

13

maximum of $100,000. For each fiscal year thereafter, the

14

General Fund shall reimburse the Department of Transportation

15

for the actual operating costs of the program in this subsection

16

in an amount not to exceed the prior year's actual operating

17

costs on a full fiscal year basis plus 3%. The amounts approved

18

by the Governor as necessary are hereby appropriated from the

19

General Fund for this purpose.

20

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

21

Donation Awareness Trust Fund.

22

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

23

Department of Transportation under section 8621 (relating to The

24

Governor Robert P. Casey Memorial Organ and Tissue Donation

25

Awareness Trust Fund contributions) and the Department of

26

Revenue under section 8618 (relating to voluntary contribution

27

system) and the Department of Health under section 8617

28

(relating to requests for anatomical gifts) shall be deposited

29

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

30

Governor Robert P. Casey Memorial Organ and Tissue Donation

- 19 -

 


1

Awareness Trust Fund, which is hereby established.

2

(b)  Appropriation.--All moneys deposited in the fund and

3

interest which accrues from those funds are appropriated on a

4

continuing basis subject to the approval of the Governor to

5

compensate the Department of Transportation, the Department of

6

Health and the Department of Revenue for actual costs related to

7

implementation of this chapter, including all costs of the Organ

8

Donation Advisory Committee created in subsection (c). Any

9

remaining funds are appropriated subject to the approval of the

10

Governor for the following purposes:

11

(1)  10% of the total fund may be expended annually by

12

the Department of Health for reasonable hospital and other

13

medical expenses, funeral expenses and incidental expenses

14

incurred by the donor or donor's family in connection with

15

making a vital organ donation. Such expenditures shall not

16

exceed $3,000 per donor and shall only be made directly to

17

the funeral home, hospital or other service provider related

18

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

19

directly to the donor's family, next of kin or estate. The

20

advisory committee shall develop procedures, including the

21

development of a pilot program, necessary for effectuating

22

the purposes of this paragraph.

23

(2)  50% may be expended for grants to certified organ

24

procurement organizations for the development and

25

implementation of organ donation awareness programs in this

26

Commonwealth. The Department of Health shall develop and

27

administer this grant program, which is hereby established.

28

(3)  15% may be expended by the Department of Health, in

29

cooperation with certified organ procurement organizations,

30

for the Project-Make-A-Choice program, which shall include

- 20 -

 


1

information pamphlets designed by the Department of Health

2

relating to organ donor awareness and the laws regarding

3

organ donation, public information and public education about

4

contributing to the fund when obtaining or renewing a

5

driver's license and when completing a State individual

6

income tax return form.

7

(4)  25% may be expended by the Department of Education

8

for the implementation of organ donation awareness programs

9

in the secondary schools in this Commonwealth.

10

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

11

Committee is hereby established, with membership as follows:

12

(1)  Two representatives of organ procurement

13

organizations.

14

(2)  Two representatives of tissue procurement providers.

15

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

16

recipients, families of recipients and families of donors.

17

(4)  Three representatives of acute care hospitals.

18

(5)  One representative of the Department of Health.

19

(6)  One representative of eye banks.

20

All members shall be appointed by the Governor. Appointments

21

shall be made in a manner that provides representation of the

22

northwest, north central, northeast, southwest, south central

23

and southeast regions of this Commonwealth. Members shall serve

24

five-year terms. The Governor may reappoint advisory committee

25

members for successive terms. Members of the advisory committee

26

shall remain in office until a successor is appointed and

27

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

28

Governor shall appoint another member in accordance with this

29

subsection to fill the unexpired term. The advisory committee

30

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

- 21 -

 


1

organ and tissue donation in this Commonwealth, recommend

2

education and awareness training programs, recommend priorities

3

in expenditures from the fund and advise the Secretary of Health

4

on matters relating to administration of the fund. The advisory

5

committee shall recommend legislation as it deems necessary to

6

fulfill the purposes of this chapter. The advisory committee

7

shall submit a report concerning its activities and progress to

8

the General Assembly within 30 days prior to the expiration of

9

each legislative session. The Department of Health shall

10

reimburse members of the advisory committee for all necessary

11

and reasonable travel and other expenses incurred in the

12

performance of their duties under this section.

13

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

14

Education shall submit an annual report to the General Assembly

15

on expenditures of fund moneys and any progress made in reducing

16

the number of potential donors who were not identified.

17

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

18

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

19

bowel, large bowel or stomach for the purpose of

20

transplantation.

21

§ 8623.  Confidentiality requirement.

22

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

23

communicated unless expressly authorized by the recipient and

24

next of kin of the decedent.

25

§ 8624.  Prohibited activities.

26

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

27

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

28

requests for anatomical gifts) to conduct annual death reviews

29

may use that review authority or any powers or privileges

30

granted thereby to coerce or attempt to coerce a hospital to

- 22 -

 


1

select the organization or any tissue procurement provider

2

contractually affiliated with the organization as a designated

3

tissue procurement provider under section 8617(e).

4

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

5

tissue procurement provider may disparage the services or

6

business of other procurement providers by false or misleading

7

representations of fact, engage in any other fraudulent conduct

8

to influence the selection by a hospital of a qualified tissue

9

procurement provider nor engage in unlawful competition or

10

discrimination. This subsection is not intended to restrict or

11

preclude any organ procurement organization or tissue

12

procurement provider from marketing or promoting its services in

13

the normal course of business.

14

SUBCHAPTER C

15

CORNEAL TRANSPLANTS

16

Sec.

17

8641.  Removal of corneal tissue permitted under certain

18

circumstances.

19

8642.  Limitation of liability.

20

§ 8641.  Removal of corneal tissue permitted under certain

21

circumstances.

22

(a)  General rule.--On a request from an authorized official

23

of an eye bank for corneal tissue, a coroner or medical examiner

24

may permit the removal of corneal tissue if all of the following

25

apply:

26

(1)  The decedent from whom the tissue is to be removed

27

died under circumstances requiring an inquest.

28

(2)  The coroner or medical examiner has made a

29

reasonable effort to contact persons listed in section 8611

30

(relating to persons who may execute anatomical gift).

- 23 -

 


1

(3)  No objection by a person listed in section 8611 is

2

known by the coroner or medical examiner.

3

(4)  The removal of the corneal tissue will not interfere

4

with the subsequent course of an investigation or autopsy or

5

alter the decedent's postmortem facial appearance.

6

(b)  Definition.--As used in this section, the term "eye

7

bank" means a nonprofit corporation chartered under the laws of

8

this Commonwealth to obtain, store and distribute donor eyes to

9

be used by physicians or surgeons for corneal transplants,

10

research or other medical purposes and the medical activities of

11

which are directed by a physician or surgeon in this

12

Commonwealth.

13

§ 8642.  Limitation of liability.

14

A person who acts in good faith in accordance with the

15

provisions of this subchapter shall not be subject to criminal

16

or civil liability arising from any action taken under this

17

subchapter. The immunity provided by this section shall not

18

extend to persons if damages result from the gross negligence,

19

recklessness or intentional misconduct of the person.]

20

Section 3.  Title 20 is amended by adding a chapter to read:

21

CHAPTER 86

22

ANATOMICAL GIFTS

23

Subchapter

24

A.  General Provisions

25

B.  Revised Uniform Anatomical Gift Act

26

C.  Administration

27

SUBCHAPTER A

28

GENERAL PROVISIONS

29

Sec.

30

8601.  Short titles.

- 24 -

 


1

8602.  Declaration of policy.

2

8603.  Definitions.

3

§ 8601.  Short titles.

4

(a)  Chapter.--This chapter shall be known and may be cited

5

as the Donate Life PA Act.

6

(b)  Subchapter B.--Subchapter B shall be known and may be

7

cited as the Revised Uniform Anatomical Gift Act.

8

§ 8602.  Declaration of policy.

9

The General Assembly finds and declares as follows:

10

(1)  It is the policy of the Commonwealth to encourage

11

organ and tissue donation.

12

(2)  It serves the public interest to:

13

(i)  highlight the importance of making anatomical

14

gifts through educational and other outreach initiatives;

15

(ii)  encourage the making of anatomical gifts and to

16

establish various instruments through which anatomical

17

gifts may be made;

18

(iii)  honor and respect the autonomy interest of

19

individuals to make or not to make an anatomical gift;

20

and

21

(iv)  preserve the current system for anatomical

22

gifts, which is built around altruism, by requiring a

23

positive affirmation of an intent to make an anatomical

24

gift and by prohibiting the sale and purchase of organs

25

and tissues.

26

(3)    This chapter is intended to:

27

(i)  recognize that there is a balance between the

28

right of an individual to make decisions regarding the

29

disposition of the individual's anatomical parts

30

following the individual's death and the dire need for

- 25 -

 


1

organs and tissues to save and prolong life;

2

(ii)  adhere to the significant policy determination

3

in paragraph (1) and in similar laws in other states; and

4

(iii)  recognize that, in any balancing situation,

5

the balance is to be struck in favor of donation and the

6

numerous potential recipients of anatomical gifts.

7

(4)  Recognize the important role of state agencies in

8

advancing anatomical gifts.

9

§ 8603.  Definitions.

10

The following words and phrases when used in this chapter

11

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

12

context clearly indicates otherwise:

13

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

14

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

15

(relating to definitions).

16

"Advisory committee."  The Organ and Tissue Donation Advisory

17

Committee established in section 8634 (relating to fund).

18

"Agent."  Any of the following:

19

(1)  An individual authorized to make health care

20

decisions on another's behalf:

21

(i)  by a power of attorney for health care; or

22

(ii)  under Subch. C of Ch. 54 (relating to health

23

care agents and representatives).

24

(2)  An individual expressly authorized to make an

25

anatomical gift on another's behalf by any other record

26

signed by the individual giving the authorization.

27

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

28

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

29

transplantation, therapy, research or education.

30

"Board."  The Humanity Gifts Registry established in section

- 26 -

 


1

1 of the act of June 13, 1883 (P.L.119, No.106), entitled, "An

2

act for the promotion of medical science by the distribution and

3

use of unclaimed human bodies for scientific purposes through a

4

board created for that purpose and to prevent unauthorized uses

5

and traffic in human bodies."

6

"Decedent."  A deceased individual whose body or part is or

7

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

8

stillborn infant and, subject to restrictions imposed by other

9

laws, a fetus.

10

"Designated organ procurement organization."  An organ

11

procurement organization designated under section 1138(b) of the

12

Social Security Act (49 Stat. 620, 42 U.S.C. § 1320b-8(b)) to

13

serve in this Commonwealth.

14

"Designated requester."  A hospital employee who has

15

successfully completed a course offered or approved by the

16

applicable designated organ procurement organization serving

17

that hospital.

18

"Disinterested witness."  A witness other than:

19

(1)  the spouse, child, parent, sibling, grandchild,

20

grandparent or guardian of a donor; or

21

(2)  another adult who exhibited special care and concern

22

for the donor.

23

The term does not include a recipient under section 8619

24

(relating to persons that may receive anatomical gift; purpose

25

of anatomical gift).

26

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

27

make an anatomical gift. The term includes a statement or symbol

28

on a driver's license or identification card or in a donor

29

registry.

30

"Donate Life PA Registry."  The registry established in

- 27 -

 


1

section 8635 (relating to promotion of organ and tissue

2

donation; Donate Life PA Registry established).

3

"Donor."  An individual whose body or part is the subject of

4

an anatomical gift.

5

"Donor registry."  A database which contains records of

6

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

7

"Driver's license."  A document allowing an individual to

8

operate a motor vehicle issued under 75 Pa.C.S. Ch. 15 (relating

9

to licensing of drivers).

10

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

11

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

12

screening, testing, processing, storage or distribution of human

13

eyes or portions of human eyes.

14

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

15

Tissue Donation Awareness Trust Fund established in section 8634

16

(relating to fund).

17

"Guardian."  A person appointed by a court to make decisions

18

regarding the support, care, education, health or welfare of an

19

individual. The term does not include a guardian ad litem.

20

"Hospital."  A facility:

21

(1)  licensed as a hospital under the law of a state; or

22

(2)  operated as a hospital by the United States, a state

23

or a political subdivision of a state.

24

"Identification card."  A document issued under 75 Pa.C.S. §

25

1510(b) (relating to issuance and content of driver's license).

26

"Know."  To have actual knowledge.

27

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

28

"Organ procurement organization."  A person designated by the

29

Secretary of Health and Human Services as an organ procurement

30

organization.

- 28 -

 


1

"Parent."  The term does not include an individual whose

2

parental rights have been terminated.

3

"Part."  Any organ, eye or tissue of a human being. The term

4

does not include the whole body.

5

"Person."  A legal or commercial entity. The term includes

6

any corporation, partnership, limited liability company,

7

business trust or other association; a government entity,

8

including the Commonwealth; any estate, trust or foundation; or

9

a natural person.

10

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

11

body."  Any of the following:

12

(1)  A public official.

13

(2)  A coroner or medical examiner.

14

(3)  A warden or director of a correctional facility.

15

(4)  An administrator or authorized official of a social

16

service agency.

17

(5)  An individual or official of an entity that is:

18

(i)  authorized to make decisions with respect to the

19

disposition, transportation, transfer, burial or

20

cremation of a decedent;

21

(ii)  under an obligation to make decisions with

22

respect to the disposition, transportation, transfer,

23

burial or cremation of a decedent; or

24

(iii)  voluntarily assumes responsibility for

25

decisions with respect to the disposition,

26

transportation, transfer, burial or cremation of a

27

decedent.

28

"Physician."  Includes an individual authorized to practice

29

medicine or osteopathy under the law of another state.

30

"Procurement organization."  Any eye bank, organ procurement

- 29 -

 


1

organization or tissue bank.

2

"Program coordinator."  The Organ and Tissue Donation

3

Awareness Program Coordinator established in section 8634(f).

4

"Prospective donor."  An individual who:

5

(1)  is dead or near death; and

6

(2)  has been determined by a procurement organization to

7

have a part which could be medically suitable for

8

transplantation, therapy, research or education.

9

The term does not include an individual who has made a refusal.

10

"Reasonably available."  Able to be contacted by a

11

procurement organization without undue effort and willing and

12

able to act in a timely manner consistent with existing medical

13

criteria necessary for the making of an anatomical gift.

14

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

15

has been or is intended to be transplanted.

16

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

17

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

18

retrievable in perceivable form.

19

"Refusal."  A record under section 8615 (relating to refusal

20

to make anatomical gift; effect of refusal).

21

"Sign."  With the present intent to authenticate or adopt a

22

record, to:

23

(1)    execute or adopt a tangible symbol; or

24

(2)  attach to or logically associate with the record any

25

electronic symbol, sound or process.

26

"State."  A state of the United States, the District of

27

Columbia, Puerto Rico, the Virgin Islands or any territory or

28

insular possession subject to the jurisdiction of the United

29

States.

30

"Technician."  An individual determined to be qualified to

- 30 -

 


1

remove or process parts by an appropriate organization that is

2

licensed, accredited or regulated under applicable Federal or

3

state law. The term includes an enucleator.

4

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

5

an eye. The term does not include blood unless it is needed to

6

facilitate the use of other parts or is donated for the purpose

7

of research or education.

8

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

9

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

10

screening, testing, processing, storage or distribution of

11

tissue.

12

"Transplant hospital."  A hospital that furnishes organ

13

transplants and other medical and surgical specialty services

14

required for the care of transplant patients.

15

SUBCHAPTER B

16

REVISED UNIFORM ANATOMICAL

17

GIFT ACT

18

Sec.

19

8611.  Applicability.

20

8612.  Anatomical gift before donor's death.

21

8613.  Manner of making anatomical gift before donor's death.

22

8614.  Amending or revoking anatomical gift before donor's

23

death.

24

8615.  Refusal to make anatomical gift; effect of refusal.

25

8616.  Preclusive effect of anatomical gift, amendment or

26

revocation.

27

8617.  Anatomical gift after donor's death.

28

8618.  Manner of making, amending or revoking anatomical gift.

29

8619.  Persons that may receive anatomical gift; purpose of

30

anatomical gift.

- 31 -

 


1

8620.  Search and notification.

2

8621.  Delivery of document of gift not required; right to

3

examine.

4

8622.  Rights and duties of procurement organization and others.

5

8623.  Coordination of procurement and use.

6

8624.  Sale or purchase of parts prohibited.

7

8625.  Other prohibited acts.

8

8626.  Immunity.

9

8627.  Law governing validity; choice of law as to execution of

10

document of gift; presumption of validity.

11

8628.  Effect of anatomical gift on advance health care

12

directive.

13

8629.  Facilitation of anatomical gift from decedent whose death

14

is under investigation.

15

8630.  Consent or authorization not necessary.

16

§ 8611.  Applicability.

17

This chapter applies to an anatomical gift and any amendment

18

to, revocation of or refusal to make an anatomical gift,

19

whenever made.

20

§ 8612.  Anatomical gift before donor's death.

21

Subject to section 8616 (relating to preclusive effect of

22

anatomical gift, amendment or revocation), an anatomical gift of

23

a donor's body or part may be made during the life of the donor

24

for the purpose of transplantation, therapy, research or

25

education under section 8613 (relating to manner of making

26

anatomical gift before donor's death) by any of the following:

27

(1)  The donor if either of the following subparagraphs

28

apply:

29

(i)  The donor is an adult.

30

(ii)  The donor is a minor to whom all of the

- 32 -

 


1

following clauses apply:

2

(A)  The donor is at least 16 years of age.

3

(B)  The donor's parent or guardian has

4

authorized the gift.

5

(2)  An agent of the donor. This paragraph does not apply

6

if the power of attorney, advance health care directive or

7

other record prohibits the agent from making an anatomical

8

gift.

9

(3)  A parent of the donor if the donor is a minor.

10

(4)  The donor's guardian.

11

§ 8613.  Manner of making anatomical gift before donor's death.

12

(a)  Donor.--A donor may make an anatomical gift in any of

13

the following manners:

14

(1)    By authorizing a statement or symbol indicating that

15

the donor has made an anatomical gift to be imprinted on the

16

donor's driver's license or identification card.

17

(2)    By making a statement in the donor's will.

18

(3)  During a terminal illness or while injured, by any

19

form of communication addressed to at least two adults, at

20

least one of whom is a disinterested witness.

21

(4)  By a donor card or other record signed by the donor.

22

If the donor is physically unable to sign a record, the

23

record may be signed by another individual at the direction

24

of the donor and must:

25

(i)  be witnessed by at least two adults, at least

26

one of whom is a disinterested witness, who have signed

27

at the request of the donor; and

28

(ii)  state that it has been witnessed and signed

29

under subparagraph (i).

30

(5)  By authorizing that a statement or symbol indicating

- 33 -

 


1

that the donor has made an anatomical gift be included on a

2

donor registry.

3

(b)  Person other than donor.--A person authorized to make an

4

anatomical gift under section 8612 (relating to anatomical gift

5

before donor's death) shall make a gift in any of the following

6

manners:

7

(1)  By a donor card or other record signed by the

8

person.

9

(2)  If the person is physically unable to sign a record,

10

the record may be signed by another individual at the

11

direction of the person and must:

12

(i)  be witnessed by at least two adults, at least

13

one of whom is a disinterested witness, who have signed

14

at the request of the donor; and

15

(ii)  state that it has been witnessed and signed

16

under subparagraph (i).

17

(c)  Invalidation of underlying document.--Revocation,

18

suspension, expiration or cancellation of a driver's license or

19

identification card upon which an anatomical gift is indicated

20

does not invalidate the gift.

21

(d)  Legal status of will.--An anatomical gift made by will

22

takes effect upon the donor's death whether or not the will is

23

probated. Invalidation of the will after the donor's death does

24

not invalidate the gift.

25

§ 8614.  Amending or revoking anatomical gift before donor's

26

death.

27

(a)  Documentation.--Subject to section 8616 (relating to

28

preclusive effect of anatomical gift, amendment or revocation),

29

a donor or other person authorized to make an anatomical gift

30

under section 8612 (relating to anatomical gift before donor's

- 34 -

 


1

death) may amend or revoke an anatomical gift in any of the

2

following manners:

3

(1)  By a record signed by the one of the following:

4

(i)  The donor.

5

(ii)  The other person.

6

(iii)  An individual acting at the direction of the

7

donor or the other person if the donor or other person is

8

physically unable to sign. A record under this

9

subparagraph must:

10

(A)    be witnessed by at least two adults, at

11

least one of whom is a disinterested witness, who

12

have signed at the request of the donor or the other

13

person; and

14

(B)  state that it has been signed and witnessed

15

under clause (A).

16

(2)  A later-executed document of gift which amends or

17

revokes a previous anatomical gift or portion of an

18

anatomical gift, either expressly or by inconsistency.

19

(b)  Destruction or cancellation.--Subject to section 8616, a

20

donor or other person authorized to make an anatomical gift

21

under section 8612 may revoke an anatomical gift by the

22

destruction or cancellation of the document of gift, or the

23

portion of the document of gift used to make the gift, with the

24

intent to revoke the gift.

25

(c)  Terminal illness or incapacity.--A donor may amend or

26

revoke an anatomical gift which was not made in a will by a form

27

of communication during a terminal illness or injury addressed

28

to at least two adults, at least one of whom is a disinterested

29

witness.

30

(d)  Wills.--A donor who makes an anatomical gift in a will

- 35 -

 


1

may amend or revoke the gift in the manner provided for

2

amendment or revocation of wills or as provided in subsection

3

(a).

4

§ 8615.  Refusal to make anatomical gift; effect of refusal.

5

(a)  Documentation.--  An individual authorized to make a gift

6

as a donor under section 8612 (relating to anatomical gift

7

before donor's death) may refuse to make an anatomical gift of

8

the individual's body or part in any of the following manners:

9

(1)  By a record signed by any of the following:

10

(i)  The individual.

11

(ii)  A person acting at the direction of the

12

individual if the individual is physically unable to

13

sign. A record under this subparagraph must:

14

(A)  be witnessed by at least two adults, at

15

least one of whom is a disinterested witness, who

16

have signed at the request of the individual who is

17

making the refusal; and

18

(B)  state that it has been signed and witnessed

19

under clause (A).

20

(2)  The individual's will. This paragraph applies

21

regardless of whether the will is admitted to probate or

22

invalidated after the individual's death.

23

(3)  A form of communication made by the individual

24

during the individual's terminal illness or incapacitation

25

addressed to at least two adults, at least one of whom is a

26

disinterested witness.

27

(b)  Revocation.--  An individual who has made a refusal may

28

amend or revoke the refusal:

29

(1)    in the manner provided in subsection (a) for making

30

a refusal;

- 36 -

 


1

(2)  by subsequently making an anatomical gift under

2

section 8613 (relating to manner of making anatomical gift

3

before donor's death) which is inconsistent with the refusal;

4

or

5

(3)    by destroying or canceling the record evidencing the

6

refusal, or the portion of the record used to make the

7

refusal, with the intent to revoke the refusal.

8

(c)  Effect on other persons.--Except as otherwise provided

9

in section 8616 (relating to preclusive effect of anatomical

10

gift, amendment or revocation), in the absence of an express,

11

contrary indication by the individual set forth in the refusal,

12

an individual's unrevoked refusal to make an anatomical gift of

13

the individual's body or part bars all other persons from making

14

an anatomical gift of the individual's body or part.

15

§ 8616.  Preclusive effect of anatomical gift, amendment or

16

revocation.

17

(a)  Bar.--Subject to subsection (f), in the absence of an

18

express, contrary indication by the donor, a person other than

19

the donor is barred from making, amending or revoking an

20

anatomical gift of a donor's body or part if the donor made an

21

anatomical gift of the donor's body or part under section 8613

22

(relating to manner of making anatomical gift before donor's

23

death) or an amendment to an anatomical gift of the donor's body

24

or part under section 8614 (relating to amending or revoking

25

anatomical gift before donor's death).

26

(b)  Revocation versus refusal.--A donor's revocation of an

27

anatomical gift of the donor's body or part under section 8614

28

is not a refusal and does not bar another person specified in

29

section 8612 (relating to anatomical gift before donor's death)

30

or 8617 (relating to anatomical gift after donor's death) from

- 37 -

 


1

making an anatomical gift of the donor's body or part under

2

section 8613 or 8618 (relating to manner of making, amending or

3

revoking anatomical gift).

4

(c)  Multiple persons.--  If a person other than the donor

5

makes an unrevoked anatomical gift of the donor's body or part

6

under section 8613 or an amendment to an anatomical gift of the

7

donor's body or part under section 8614, another person may not

8

make, amend or revoke the gift of the donor's body or part under

9

section 8618.

10

(d)  No bar.--A revocation of an anatomical gift of a donor's

11

body or part under section 8614 by a person other than the donor

12

does not bar another person from making an anatomical gift of

13

the body or part under section 8613 or 8618.

14

(e)  Multiple body parts.--In the absence of an express,

15

contrary indication by the donor or other person authorized to

16

make an anatomical gift under section 8612, an anatomical gift

17

of a part is neither a refusal to give another part nor a

18

limitation on the making of an anatomical gift of another part

19

at a later time by the donor or another person.

20

(f)  Limitation.--  In the absence of an express, contrary

21

indication by the donor or other person authorized to make an

22

anatomical gift under section 8612, an anatomical gift of a part

23

for one or more of the purposes set forth in section 8612 is not

24

a limitation on the making of an anatomical gift of the part for

25

any of the other purposes by the donor or any other person under

26

section 8613 or 8618.

27

§ 8617.  Anatomical gift after donor's death.

28

(a)  Authorization.--  Subject to subsections (b) and (c) and

29

unless barred by section 8615 (relating to refusal to make

30

anatomical gift; effect of refusal) or 8616 (relating to

- 38 -

 


1

preclusive effect of anatomical gift, amendment or revocation),

2

an anatomical gift for the purposes of transplantation, therapy,

3

research or education may be made by any member of the following

4

classes that is reasonably available, in the order of priority

5

listed:

6

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

7

could have made an anatomical gift under section 8612(2)

8

(relating to anatomical gift before donor's death)

9

immediately before the decedent's death.

10

(2)  The spouse of the decedent.

11

(3)  An   adult child of the decedent.

12

(4)  A parent of the decedent.

13

(5)  An   adult sibling of the decedent.

14

(6)  An adult who is related to the decedent by blood,

15

marriage or adoption.

16

(7)  A person that exhibited special care and concern for

17

the decedent.

18

(8)  A person acting as the guardian of the person of the

19

decedent at the time of death.

20

(9)  A hospital administrator, who shall make a gift of a

21

decedent's body or part unless there is an express, contrary

22

indication by the decedent.

23

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

24

decedent's body.

25

(b)  Multiple persons authorized.--If there is more than one

26

member of a class listed in subsection (a)(1), (3), (4), (5),

27

(6), (7), (8) or (10) entitled to make an anatomical gift, an

28

anatomical gift may be made by a member of the class unless that

29

member or a person to whom the gift may pass under section 8619

30

(relating to persons that may receive anatomical gift; purpose

- 39 -

 


1

of anatomical gift) knows of an objection by another member of

2

the class. If an objection is known, the gift may be made only

3

by a vote of 50% of the class that are reasonably available.

4

Nothing in this subsection shall be construed to require that

5

all members of a class authorize the making of the gift or

6

participate in the decision to make the gift. Known objections

7

by persons not reasonably available do not bar persons that are

8

reasonably available from making an anatomical gift, regardless

9

of whether the objections are held by persons in a prior class

10

or the same class.

11

(c)  Priority.--A person may not make an anatomical gift if,

12

at the time of the decedent's death, a person in a prior class

13

under subsection (a) is reasonably available to make or to

14

object to the making of an anatomical gift.

15

§ 8618.  Manner of making, amending or revoking anatomical gift.

16

(a)  Making anatomical gift.--A person authorized to make an

17

anatomical gift under section 8617 (relating to anatomical gift

18

after donor's death) may make an anatomical gift by:

19

(1)  a document of gift signed by the person making the

20

gift; or

21

(2)  that person's oral communication which is:

22

(i)  electronically recorded; or

23

(ii)  contemporaneously reduced to a record and

24

signed by the individual receiving the oral

25

communication.

26

(b)  Amendment or revocation.--Subject to subsection (c), an

27

anatomical gift by a person authorized under section 8617 may be

28

amended or revoked orally or in a record by any member of a

29

prior class that is reasonably available. If more than one

30

member of the prior class is reasonably available, the gift made

- 40 -

 


1

by a person authorized under section 8617 may be:

2

(1)    amended only if a majority of the reasonably

3

available members agree to the amending of the gift; and

4

(2)  revoked only if a majority of the reasonably

5

available members agree to the revoking of the gift.

6

(c)  Effectiveness.--A revocation under subsection (b) is

7

effective only if, before an incision has been made to remove a

8

part from the donor's body or before invasive procedures have

9

begun to prepare the recipient, the applicable procurement

10

organization, transplant hospital or physician or technician

11

knows of the revocation. A procurement organization, transplant

12

hospital or physician or technician with knowledge of a

13

revocation shall make a good faith effort to communicate that

14

information to the other parties involved in order to stop the

15

anatomical recovery process.

16

§ 8619.  Persons that may receive anatomical gift; purpose of

17

anatomical gift.

18

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

19

the following persons named in the document of gift:

20

(1)  If for research or education, a hospital; accredited

21

medical school, dental school, college or university; the

22

board; organ procurement organization; or other appropriate

23

person as authorized by law.

24

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

25

by the person making the anatomical gift if the individual is

26

the recipient of the part.

27

(3)  An eye bank or tissue bank.

28

(b)  Transplantation not possible.--If an anatomical gift to

29

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

30

into the individual, the part passes in accordance with

- 41 -

 


1

subsections (f) and (g) in the absence of an express, contrary

2

indication by the person making the anatomical gift.

3

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

4

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

5

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

6

used for transplantation or therapy, if suitable. If the gift

7

cannot be used for transplantation or therapy, the gift may be

8

used for research or education.

9

(d)  Unknown recipient and purpose.--Subject to section

10

8616(f) (relating to preclusive effect of anatomical gift,

11

amendment or revocation):

12

(1)  If an anatomical gift of one or more specific parts

13

is made in a document of gift which does not name a person

14

described in subsection (a) and does not identify the purpose

15

of the gift, the gift may be used only for transplantation or

16

therapy, and the gift shall pass under subsection (f).

17

(2)  If an anatomical gift of an entire body is made for

18

research or education and does not name a person described

19

under subsection (a) or the person described cannot make use

20

of the gift, the gift shall pass to the board.

21

(e)  General intent.--Subject to section 8616(f), if a

22

document of gift specifies only a general intent to make an

23

anatomical gift by words such as "donor," "organ donor" or "body

24

donor" or by a symbol or statement of similar import, the gift

25

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

26

passes in accordance with subsection (f).

27

(f)  Default.--For the purposes of subsections (b), (d) and

28

(e), the following rules apply:

29

(1)    If the part is an eye, the gift passes to the

30

appropriate eye bank.

- 42 -

 


1

(2)  If the part is tissue, the gift passes to the

2

appropriate tissue bank.

3

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

4

appropriate organ procurement organization as custodian of

5

the organ.

6

(g)  Organs for transplant.--An anatomical gift of an organ

7

for transplantation or therapy, other than an anatomical gift

8

under subsection (a)(2), passes to the appropriate organ

9

procurement organization as custodian of the organ.

10

(h)  Failure of anatomical gift.--

11

(1)  This subsection applies if:

12

(i)  an anatomical gift does not pass under

13

subsections (a), (b), (c), (d), (e), (f) and (g); or

14

(ii)  the decedent's body or part is not used for

15

transplantation, therapy, research or education.

16

(2)  In a situation described in paragraph (1), custody

17

of the body or part passes to the person under obligation to

18

dispose of the body or part.

19

(i)  Prohibition.--

20

(1)  A person may not accept an anatomical gift if the

21

person knows that:

22

(i)  the gift was not effectively made under section

23

8613 (relating to manner of making anatomical gift before

24

donor's death) or 8618 (relating to manner of making,

25

amending or revoking anatomical gift); or

26

(ii)  the decedent made a refusal under section 8615

27

(relating to refusal to make anatomical gift; effect of

28

refusal) which was not revoked.

29

(2)  For purposes of this subsection, if a person knows

30

that an anatomical gift was made on a document of gift, the

- 43 -

 


1

person is deemed to know of any amendment or revocation of

2

the gift or a refusal to make an anatomical gift on the same

3

document of gift.

4

(j)  Allocation of organs.--Except as otherwise provided in

5

subsection (a)(2), nothing in this chapter affects the

6

allocation of organs for transplantation or therapy.

7

§ 8620.  Search and notification.

8

(a)  Persons required to search.--Upon the request of an

9

organ procurement organization, the following persons shall make

10

a reasonable search of an individual who the person reasonably

11

believes is dead or near death for a document of gift or other

12

information identifying the individual as a donor or as an

13

individual who made a refusal:

14

(1)    A law enforcement officer, firefighter, paramedic,

15

emergency responder or other emergency rescuer who finds the

16

individual or the coroner or medical examiner having

17

jurisdiction over the body.

18

(2)  If no other source of the information is immediately

19

available, a hospital, as soon as practical after the

20

individual's arrival at the hospital, using its normal

21

procedures for locating next-of-kin or other responsible

22

persons.

23

(b)  Procedure.--If a document of gift or a refusal to make

24

an anatomical gift is located by the search required by

25

subsection (a), the person responsible for conducting the search

26

shall make the document of gift or refusal immediately available

27

to the organ procurement organization.

28

(c)  Nature of duty.--A person is not subject to criminal or

29

civil liability for failing to discharge the duties imposed by

30

this section but may be subject to administrative sanctions.

- 44 -

 


1

§ 8621.  Delivery of document of gift not required; right to

2

examine.

3

(a)  Delivery.--A document of gift need not be delivered

4

during the donor's lifetime to be effective.

5

(b)  Examination.--Upon or after an individual's death, a

6

person in possession of a document of gift or a refusal to make

7

an anatomical gift with respect to the individual shall allow

8

examination and copying of the document of gift or refusal by:

9

(1)  a person authorized to make or object to the making

10

of an anatomical gift with respect to the individual; or

11

(2)  a person to whom the gift could pass under section

12

8619 (relating to persons that may receive anatomical gift;

13

purpose of anatomical gift).

14

§ 8622.  Rights and duties of procurement organization and

15

others.

16

(a)  Procedure.--

17

(1)    A hospital located in this Commonwealth shall notify

18

the applicable designated organ procurement organization or a

19

third party designated by that organization of an individual

20

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

21

Notification shall be made in a timely manner to ensure that

22

examination, evaluation and ascertainment of donor status as

23

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

24

frame compatible with the donation of organs and tissues for

25

transplant. The notification shall be made without regard to

26

whether the person has executed an advance directive for

27

health care.

28

(2)  The following apply to coroners and medical

29

examiners:

30

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

- 45 -

 


1

receiving notification of a person's death, a coroner or

2

medical examiner shall notify the applicable designated

3

organ procurement organization. Notification shall be

4

made in a timely manner to ensure that examination,

5

evaluation and ascertainment of donor status as set forth

6

in subsection (d) can be completed within a time frame

7

compatible with the recovery of organs and tissues for

8

transplant.

9

(ii)  Notification under this paragraph shall not be

10

made if:

11

(A)  the decedent was admitted to the hospital at

12

or around the time of death; or

13

(B)  the notification to the coroner or medical

14

examiner occurred more than 18 hours following the

15

estimated time of the decedent's death.

16

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

17

receives a referral of an individual who is dead or near death,

18

the organ procurement organization shall make a reasonable

19

search of the records of the Donate Life PA Registry or the

20

applicable state donor registry that it knows exists for the

21

geographic area in which the individual resided or resides in

22

order to ascertain whether the individual has made an anatomical

23

gift.

24

(c)  Document of gift.--

25

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

26

including registration with the Donate Life PA Registry, the

27

procurement organization representative or the designated

28

requester shall attempt to notify a person listed in section

29

8617 (relating to anatomical gift after donor's death) of the

30

gift.

- 46 -

 


1

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

2

organization representative or the designated requester, one

3

of these two individuals shall ask the persons listed in

4

section 8617 whether the decedent had a validly executed

5

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

6

gift or refusal by the decedent, the procurement organization

7

representative or the designated requester shall notify a

8

person listed in section 8617 of the option to donate organs

9

or tissues.

10

(3)  The person in charge of the hospital or that

11

person's designated representative shall indicate in the

12

medical record of the decedent:

13

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

14

exist or whether a gift was made; and

15

(ii)  the name of the person granting or refusing the

16

gift and that person's relationship to the decedent.

17

(d)    Testing.--

18

(1)  This subsection applies if:

19

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

20

whose death is imminent to an organ procurement

21

organization; and

22

(ii)  the organ procurement organization determines,

23

based upon a medical record review, that the individual

24

may be a prospective donor.

25

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

26

following apply:

27

(i)  The organ procurement organization may conduct a

28

blood or tissue test or minimally invasive examination,

29

which is reasonably necessary to evaluate the medical

30

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

- 47 -

 


1

anatomical gift. Specific consent to testing or

2

examination under this subparagraph is not required. The

3

results of tests and examinations under this subparagraph

4

shall be used or disclosed only:

5

(A)  to evaluate medical suitability for donation

6

and to facilitate the donation process; and

7

(B)  as required or permitted by law.

8

(ii)  The hospital may not withdraw or withhold any

9

measures which are necessary to maintain the medical

10

suitability of the part until the organ procurement

11

organization has:

12

(A)  had the opportunity to advise the applicable

13

persons as set forth in section 8617 of the option to

14

make an anatomical gift; or

15

(B)  has ascertained that the individual

16

expressed a contrary intent.

17

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

18

whom an anatomical gift may pass under section 8619 (relating to

19

persons that may receive anatomical gift; purpose of anatomical

20

gift) may conduct a test or examination which is reasonably

21

necessary to evaluate the medical suitability of the body or

22

part for its intended purpose.

23

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

24

include an examination of medical and dental records.

25

(g)  Recipients.--

26

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

27

rights of the person to whom a part passes under section 8619

28

are superior to the rights of all others with respect to the

29

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

30

whole or in part.

- 48 -

 


1

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

2

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

3

entire body may allow embalming, burial or cremation and use

4

of remains in a funeral service. If the gift is of a part,

5

the person to whom the part passes under section 8619, upon

6

the death of the donor and before embalming, burial or

7

cremation, shall cause the part to be removed without

8

unnecessary mutilation.

9

(h)  Physicians.--

10

(1)    Neither the physician who attends the decedent at

11

death nor the physician who determines the time of the

12

decedent's death may participate in the procedures for

13

removing or transplanting a part from the decedent.

14

(2)  A physician or technician may remove a donated part

15

from the body of a donor that the physician or technician is

16

qualified to remove.

17

(i)  Death record review.--

18

(1)  The Department of Health shall make annual death

19

record reviews at acute care general hospitals to determine

20

their compliance with this chapter.

21

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

22

hospital, the following apply:

23

(i)  The department may select to carry out the

24

review the Commonwealth-licensed organ procurement

25

organization designated by the Health Care Financing

26

Administration for the region within which the acute care

27

general hospital is located. For an organ procurement

28

organization to be selected under this subparagraph, the

29

organization must not operate nor have an ownership

30

interest in an entity which provides all of the functions

- 49 -

 


1

of a tissue procurement provider.

2

(ii)  If there is no valid selection under

3

subparagraph (i) or if the organization selected under

4

subparagraph (i) is unwilling to carry out the review,

5

the department shall select to carry out the review any

6

other Commonwealth-licensed organ procurement

7

organization. For an organ procurement organization to be

8

selected under this subparagraph, the organization must

9

not operate nor have an ownership interest in an entity

10

which provides all of the functions of a tissue

11

procurement provider.

12

(iii)  If there is no valid selection under

13

subparagraph (ii) or if the organization selected under

14

subparagraph (ii) is unwilling to carry out the review,

15

the department shall carry out the review using trained

16

department personnel.

17

(3)  There shall be no cost assessed against a hospital

18

for a review under this subsection.

19

(4)  If the department finds, on the basis of a review

20

under this subsection, that a hospital is not in compliance

21

with subsection (d), the department may impose an

22

administrative fine of up to $500 for each instance of

23

noncompliance. A fine under this paragraph is subject to 2

24

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

25

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

26

judicial review of Commonwealth agency action). Fines

27

collected under this paragraph shall be deposited into the

28

fund.

29

§ 8623.  Coordination of procurement and use.

30

(a)    Arrangements.--A hospital may enter into agreements or

- 50 -

 


1

affiliations with procurement organizations for coordination of

2

procurement and use of anatomical gifts.

3

(b)  Facilitation.--A person, including a coroner and a

4

medical examiner, that seeks to facilitate the making of an

5

anatomical gift for the purposes of transplantation or therapy

6

from a decedent who was not a hospital patient at the time of

7

death shall notify the applicable designated organ procurement

8

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

9

order to allow that organization to evaluate the potential

10

donation and, if applicable, coordinate the donation process.

11

§ 8624.  Sale or purchase of parts prohibited.

12

(a)  Prohibition.--

13

(1)  Except as set forth in subsection (b), a person may

14

not, for valuable consideration, knowingly purchase or sell a

15

part for transplantation or therapy if removal of a part from

16

an individual is intended to occur after the individual's

17

death.

18

(2)  A person that violates paragraph (1) commits a

19

felony of the third degree.

20

(b)  Exception.--Nothing in this section is intended to

21

prohibit a person from charging a reasonable amount for:

22

(1)  evaluation, removal, processing, preservation,

23

quality control, storage, allocation, transportation,

24

implantation or disposal of a part; or

25

(2)  training or education associated with activity under

26

paragraph (1).

27

§ 8625.  Other prohibited acts.

28

(a)  Offense.--A person may not, in order to obtain a

29

financial gain, intentionally falsify, forge, conceal, deface or

30

obliterate a document of gift, an amendment or a revocation of a

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1

document of gift or a refusal.

2

(b)  Grading.--A person that violates subsection (a) commits

3

a felony of the third degree.

4

§ 8626.  Immunity.

5

(a)  General rule.--A person that acts in accordance with

6

this chapter or with the applicable anatomical gift law of

7

another state or attempts in good faith to do so is not liable

8

for the act in a civil action, a criminal prosecution or an

9

administrative proceeding.

10

(b)  Donors.--Neither the person making an anatomical gift

11

nor the donor's estate is liable for injury or damage which

12

results from the making or use of the anatomical gift.

13

(c)  Determination.--In determining whether an anatomical

14

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

15

person may rely upon representations of an individual listed in

16

section 8617(a) (relating to anatomical gift after donor's

17

death) relating to the individual's relationship to the donor or

18

prospective donor unless the person knows that the

19

representation is untrue.

20

§ 8627.  Law governing validity; choice of law as to execution

21

of document of gift; presumption of validity.

22

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

23

accordance with:

24

(1)    this chapter;

25

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

26

executed; or

27

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

28

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

29

anatomical gift:

30

(i)  is domiciled;

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1

(ii)  has a place of residence; or

2

(iii)  is a citizen.

3

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

4

this section, the law of this Commonwealth governs the

5

interpretation of the document of gift.

6

(c)  Presumption.--A person may presume that a document of

7

gift or amendment of an anatomical gift is valid unless that

8

person knows that it was not validly executed or was revoked.

9

§ 8628.  Effect of anatomical gift on advance health care

10

directive.

11

(a)  Scope.--This section applies if all of the following

12

apply:

13

(1)  A hospital patient who is a prospective donor has:

14

(i)  executed an advance directive for health care;

15

or

16

(ii)  otherwise specified by record the circumstances

17

under which the patient would want life support to be

18

withheld or withdrawn.

19

(2)  The terms of the advance directive for health care

20

or other record are in conflict with the option of making an

21

anatomical gift by precluding the administration of measures

22

necessary to ensure the medical suitability of a part for

23

transplantation or therapy.

24

(b)  Requirements.--In a situation described in subsection

25

(a), all of the following apply:

26

(1)  The patient shall consult with the patient's

27

attending physician or the attending physician's designee

28

about the donor option and all other relevant factors in end-

29

of-life decision making and make a determination concerning

30

the withholding or withdrawing of treatment pursuant to

- 53 -

 


1

existing law.

2

(2)  If the patient is incapable of resolving the

3

conflict, any of the following shall act for the patient to

4

resolve the conflict:

5

(i)  Subject to subparagraph (ii), an agent acting

6

pursuant to the patient's advance directive for health

7

care or other record.

8

(ii)  If no agent has been designated by the patient

9

or if the agent is not reasonably available, a person

10

authorized by law other than this chapter to make

11

decisions on behalf of the patient with regard to the

12

patient's health care.

13

(c)  Resolution.--The parties specified in subsection (b)

14

shall seek to resolve the conflict as expeditiously as possible.

15

Information relevant to the resolution of the conflict shall be

16

obtained from the appropriate organ procurement organization and

17

any other person authorized to make an anatomical gift for the

18

patient under section 8617 (relating to anatomical gift after

19

donor's death).

20

(d)  Measures.--Measures necessary to ensure the medical

21

suitability of the part shall not be withheld or withdrawn from

22

the patient prior to resolution of the conflict if the

23

withholding or withdrawing is not contraindicated by the

24

requirements of providing appropriate end-of-life care.

25

§ 8629.  Facilitation of anatomical gift from decedent whose

26

death is under investigation.

27

(a)  Request by procurement organization.--Upon request of a

28

procurement organization, a coroner or medical examiner shall

29

release to the procurement organization the name, contact

30

information and available medical and social history of a

- 54 -

 


1

decedent whose death is under investigation. If the decedent's

2

body or part is medically suitable for transplantation, therapy,

3

research or education, the coroner or medical examiner shall

4

release postmortem examination results to the procurement

5

organization. The procurement organization may make a subsequent

6

disclosure of the postmortem examination results or other

7

information received from the coroner or medical examiner to

8

support the purposes of the donation.

9

(b)  Notice.--Notwithstanding any provision of this chapter

10

or any other law to the contrary, if a coroner or medical

11

examiner has notice, by an advance health care directive, will,

12

card or other document or as otherwise provided in this chapter,

13

that a deceased person whose death is under investigation is a

14

donor, the coroner or medical examiner shall perform an

15

examination, autopsy or analysis of tissues or organs only in a

16

manner and within a time period compatible with the preservation

17

of the tissues or organs for the purpose of transplantation.

18

(c)  Removal.--If the examination, autopsy or analysis has

19

not been undertaken under subsection (b), all of the following

20

apply:

21

(1)  A physician or technician authorized to remove an

22

anatomical gift from a donor may remove the donated part from

23

the body of a donor whose death is under investigation for

24

acceptance by a person authorized to become a donee.

25

(2)  The coroner or medical examiner shall be invited to

26

be present during removal of the anatomical gift if, in the

27

judgment of the coroner or medical examiner, those tissues or

28

organs may be involved in the cause of death. While in

29

attendance, if the coroner or medical examiner determines

30

that the tissues or organs are involved in the cause of

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1

death, the coroner or medical examiner may request a biopsy

2

of those tissues or organs or deny removal of the anatomical

3

gift. The coroner or medical examiner shall explain in

4

writing the reasons for determining that those tissues or

5

organs may be involved in the cause of death and the basis

6

for denying removal of the anatomical gift and shall include

7

the written explanation in the records maintained under

8

subsection (d).

9

(d)  Report.--The physician or technician recovering a part

10

from a donor under this section shall file with the coroner or

11

medical examiner a report detailing the condition of the part of

12

the body that is the anatomical gift. If appropriate, the report

13

shall include a biopsy or medically approved sample from the

14

anatomical gift. The report shall become part of the report of

15

the coroner or medical examiner. The designated organ

16

procurement organization shall pay the reasonable costs for the

17

professional services of the coroner or medical examiner

18

associated with attending the recovery.

19

§ 8630.  Consent or authorization not necessary.

20

If a donor card, donor driver's license, donor registry or

21

other record evidencing an anatomical gift has been made,

22

consent or authorization of a person designated in section 8617

23

(relating to anatomical gift after donor's death) at the time of

24

the donor's death or immediately thereafter is not necessary to

25

render the gift valid and effective.

26

SUBCHAPTER C

27

ADMINISTRATION

28

Sec.

29

8631.  Use of driver's license or identification card to

30

indicate organ and tissue donation.

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1

8632.  Jurisdiction and standing.

2

8633.  Fund contributions.

3

8634.  Fund.

4

8635.  Promotion of organ and tissue donation; Donate Life PA

5

Registry established.

6

8636.  Collaboration between departments and organ procurement

7

organizations.

8

8637.  Information relative to organ and tissue donation.

9

8638.  Requirements for physician training relative to organ and

10

tissue donation and recovery.

11

8639.  Requirements for professional nurse training relative to

12

organ and tissue donation and recovery.

13

8640.  Prohibition on disclosure of identity of donor or

14

recipient.

15

8641.  Prohibited activities.

16

8642.  Uniformity of application and construction.

17

8643.  Relation to Electronic Signatures in Global and National

18

Commerce Act.

19

§ 8631.  Use of driver's license or identification card to

20

indicate organ and tissue donation.

21

(a)    Processing of requests.--

22

(1)  The Department of Transportation shall process

23

requests for information regarding consent of the individual

24

to organ or tissue donation.

25

(2)  The following question shall be asked on the request

26

form:

27

Do you wish to have the organ donor designation

28

printed on your driver's license?

29

(3)  Only an affirmative response of an individual shall

30

be noted on the front of the driver's license or

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1

identification card and shall clearly indicate the

2

individual's intent to donate his organs and tissue.

3

(4)  An "organ donor" notation on an individual's

4

driver's license or identification card shall be included in

5

the Donate Life PA Registry and shall be deemed sufficient to

6

satisfy all requirements for consent to organ and tissue

7

donation.

8

(b)  Recording.--The department shall electronically record

9

and store all "organ donor" designations and identification

10

information. The designation and identification information

11

shall be referred to as the Donate Life PA Registry.

12

(c)  Access.--Notwithstanding 75 Pa.C.S. § 6114 (relating to

13

limitation on sale, publication and disclosure of records), if

14

the department and an organ procurement organization enter into

15

an access agreement, the organ procurement organization shall be

16

given 24-hour-a-day electronic access to information necessary

17

to confirm an individual's organ donor status through the

18

department's driver licensing and personal identification card

19

database. Necessary information shall include the individual's

20

name, address, date of birth, driver's license number and organ

21

donor status. The organ procurement organization shall not be

22

assessed the fee for the information prescribed by 75 Pa.C.S. §

23

1955(a) (relating to information concerning drivers and

24

vehicles).

25

§ 8632.  Jurisdiction and standing.

26

(a)  Jurisdiction.--The court of common pleas of the county

27

in which the death of the donor occurs has jurisdiction to hear

28

and resolve disputes concerning the interpretation and

29

application of this chapter and the authority to enter an order

30

or injunction necessary to effect the purposes or provisions of

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1

this chapter.

2

(b)  Standing.--An organ procurement organization shall have

3

standing and shall be deemed an indispensable party to seek an

4

order or interpretation or to effect a remedy available under

5

this chapter for itself or a potential organ or tissue

6

recipient.

7

§ 8633.  Fund contributions.

8

(a)  Vehicle licensing and registration.--

9

(1)  This subsection applies to an applicant for any of

10

the following:

11

(i)  An original or renewal driver's license.

12

(ii)  An identification card.

13

(iii)  An original or a renewal vehicle registration.

14

(2)  The Department of Transportation shall provide an

15

applicant under paragraph (1) the opportunity to make a

16

contribution to the fund. The contribution must be in whole

17

dollars. The contribution shall be added to the regular fee

18

for an original or a renewal driver's license, identification

19

card or vehicle registration. One contribution may be made

20

for each issuance or renewal.

21

(b)  Use.--Contributions shall be used exclusively for the

22

purposes set forth in section 8634 (relating to fund).

23

(c)  Administration.--

24

(1)  Each month, the department shall determine the total

25

amount designated under this subsection and shall report that

26

amount to the State Treasurer.

27

(2)  The State Treasurer shall transfer that amount to

28

the fund.

29

(d)  Reimbursement.--

30

(1)  The State Treasurer shall reimburse the department

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1

from the General Fund for the actual annual operating costs

2

of the program for vehicle registrations in an amount equal

3

to the lesser of the following subparagraphs:

4

(i)  Actual operating costs of the program.

5

(ii)  The sum of:

6

(A)  the prior year's actual operating costs on a

7

full fiscal year basis; and

8

(B)  three percent of the amount under clause

9

(A).

10

(2)  The amount approved by the Governor as necessary to

11

carry out paragraph (1) is appropriated from the General Fund

12

for this purpose.

13

(e)  Internet website.--Within one year of the effective date

14

of this section, the official Internet website of the department

15

shall provide links through which individuals may make voluntary

16

contributions of at least $1 to the fund, electronically and by

17

paper. The links shall be provided at least in connection with

18

the issuance of driver's licenses, personal identification cards

19

and registration of motor vehicles.

20

§ 8634.  Fund.

21

(a)  Establishment.--The Governor Robert P. Casey Memorial

22

Organ and Tissue Donation Awareness Trust Fund is established as

23

a separate fund in the State Treasury.

24

(b)  Source.--The following are the sources of the fund:

25

(1)  Contributions received by the Department of

26

Transportation under section 8633 (relating to fund

27

contributions).

28

(2)  Contributions received by the Department of Revenue

29

under section 315.4 of the act of March 4, 1971 (P.L.6,

30

No.2), known as the Tax Reform Code of 1971.

- 60 -

 


1

(3)  Return on the money in the fund.

2

(4)  Appropriations.

3

(c)  Use.--The fund shall be used for actual cost of

4

administration, subject to approval of the Governor. The

5

remaining money may be used for the following purposes:

6

(1)  Ten percent of the money in the fund may be expended

7

annually by the Department of Health for reasonable hospital

8

and other medical expenses, funeral expenses and incidental

9

expenses incurred by the donor or the donor's family in

10

connection with making an organ or tissue donation, along

11

with programming, to provide support services to organ and

12

tissue donors and their families, such as bereavement

13

counseling services. An expenditure may, under this

14

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

15

directly to the funeral home, hospital or other service

16

provider related to the donation. The advisory committee

17

shall develop procedures, including the development of a

18

pilot program, necessary for effectuating the purposes of

19

this paragraph.

20

(2)  Fifty percent of the money in the fund may be

21

expended for grants to certified organ procurement

22

organizations for the development and implementation of organ

23

donation awareness programs in this Commonwealth. The

24

Department of Health shall develop and administer this grant

25

program.

26

(3)  Fifteen percent may be expended by the Department of

27

Health, in cooperation with designated organ procurement

28

organizations, for the Project-Make-A-Choice program. This

29

program includes information pamphlets designed by the

30

Department of Health relating to organ and tissue donor

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1

awareness and the laws regarding organ and tissue donation,

2

public information and public education about contributing to

3

the fund when obtaining or renewing a driver's license,

4

vehicle registration or personal identification card and when

5

completing a State individual income tax return form.

6

(4)  Twenty-five percent may be expended by the

7

Department of Education in conjunction with the designated

8

organ procurement organizations for the implementation of

9

organ and tissue donation awareness programs in the secondary

10

schools in this Commonwealth.

11

(d)  Nonlapse.--The money in the fund is continuously

12

appropriated into the fund. This appropriation shall not lapse

13

at the end of any fiscal year.

14

(e)  Advisory committee.--

15

(1)  The Organ and Tissue Donation Advisory Committee is

16

established, with membership as follows:

17

(i)  The Secretary of Education or a designee.

18

(ii)  The Secretary of Health or a designee.

19

(iii)  The Secretary of Transportation or a designee.

20

(iv)  One representative from each designated organ

21

procurement organization.

22

(v)  Two representatives of tissue procurement

23

providers.

24

(vi)  Six members representative of:

25

(A)  organ, tissue and eye recipients;

26

(B)  families of recipients;

27

(C)  donors; and

28

(D)  families of donors.

29

(vii)  Two representatives of acute care hospitals

30

which are:

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1

(A)  licensed in this Commonwealth; and

2

(B)  Member of the Statewide association

3

representing the interests of hospitals throughout

4

this Commonwealth.

5

(viii)  One representative of eye banks.

6

(ix)  One representative of community health

7

organizations.

8

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

9

shall serve ex officio.

10

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

11

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

12

(i)  Members shall be appointed in a manner which

13

reflects geographic diversity. Input on the selection of

14

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

15

sought from the Statewide association referred to in

16

paragraph (i)(vii)(B).

17

(ii)  The member shall serve a five-year term.

18

(iii)  The Governor may reappoint an advisory

19

committee member for successive terms.

20

(iv)  A member shall remain in office until a

21

successor is appointed and qualified.

22

(v)  If a vacancy occurs prior to completion of a

23

term, the Governor shall appoint a member to fill the

24

unexpired term in the same manner as the vacating member

25

was appointed.

26

(4)    The advisory committee shall meet at least

27

biannually to do all of the following:

28

(i)  Review progress in the area of organ and tissue

29

donation in this Commonwealth.

30

(ii)  Recommend education and awareness training

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1

programs.

2

(iii)  Recommend priorities in expenditures from the

3

fund.

4

(iv)  Advise the Secretary of Health on matters

5

relating to administration of the fund.

6

(v)  Recommend legislation as necessary to fulfill

7

the purposes of this chapter.

8

(5)    The advisory committee shall submit a report

9

concerning its activities and progress to the Secretary of

10

the Senate and the Chief Clerk of the House of

11

Representatives by October 31 of each even-numbered year.

12

(6)  The Department of Health shall reimburse members of

13

the advisory committee for necessary and reasonable travel

14

and other expenses incurred in the performance of their

15

duties under this subsection.

16

(f)  Lead Commonwealth agency.--

17

(1)  The Department of Health shall be the lead

18

Commonwealth agency responsible for promoting organ and

19

tissue donation in the Commonwealth and shall coordinate

20

activities among other collaborating Commonwealth agencies.

21

(2)  Within the Department of Health there is established

22

a full-time position of Organ and Tissue Donation Awareness

23

Program Coordinator.

24

(i)  The program coordinator shall be financially

25

supported by the fund.

26

(ii)  The program coordinator has the following

27

powers and duties:

28

(A)  Assist in administration of the fund.

29

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

30

committee and assist the advisory committee in

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1

program development, projects, funding proposals and

2

priorities.

3

(C)  Serve as liaison with other Commonwealth

4

agencies. This clause includes working with the

5

Department of Transportation to ensure that drivers'

6

license centers promote organ and tissue donation and

7

comply with agreed-upon arrangements to display

8

information and materials.

9

(D)  Assist designated organ procurement

10

organizations in their collaborations with other

11

Commonwealth agencies.

12

(g)  Commonwealth agency report.--The Department of Health,

13

the Department of Education and the Department of Transportation

14

shall submit an annual report to the Secretary of the Senate and

15

the Chief Clerk of the House of Representatives on expenditures

16

of fund money and progress made in providing programming,

17

education and in increasing the number of donor designations.

18

§ 8635.  Promotion of organ and tissue donation; Donate Life PA

19

Registry established.

20

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

21

ensure access by residents of this Commonwealth to an Internet-

22

based interface which promotes organ and tissue donation and

23

enables residents 18 years of age or older to register as donors

24

and have their decisions immediately integrated into the current

25

database maintained by the department. The database shall

26

include only affirmative donation decisions.

27

(b)  Donate Life PA Registry.--

28

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

29

section, the department shall establish a system which allows

30

individuals who have been issued a driver's license or

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1

identification card to add their donor designation to the

2

Donate Life PA Registry by submitting a form to the

3

department.

4

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

5

registrant.

6

(c)  Name.--  The database and Internet-based interface

7

established in this section shall be known as the Donate Life PA

8

Registry.

9

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

10

based interface shall be maintained in collaboration with the

11

designated organ procurement organizations.

12

(e)  Effect.--

13

(1)  Donor information entered into the Donate Life PA

14

Registry shall supersede prior conflicting information:

15

(i)  provided to the Donate Life PA Registry;

16

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

17

identification card;

18

(iii)  on an advance health care directive;

19

(iv)  submitted under section 8613 (relating to

20

manner of making anatomical gift before donor's death) or

21

8615 (relating to refusal to make anatomical gift; effect

22

of refusal); or

23

(v)  submitted under any other statutory provision.

24

(2)  Registration by a donor shall constitute sufficient

25

authorization to donate organs and tissues for

26

transplantation and therapy. Authorization of another person

27

shall not be necessary to effectuate the anatomical gift.

28

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

29

the Department of Transportation after the effective date of

30

this section shall continue to accommodate the inclusion of

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1

donor designation information into the database and the ongoing

2

operation of the Donate Life PA Registry.

3

§ 8636.  Collaboration between departments and organ procurement

4

organizations.

5

(a)  Mandatory.--

6

(1)  For purposes of the ongoing development and

7

implementation of the Donate Life PA Registry, the Department

8

of Transportation shall collaborate with the designated organ

9

procurement organizations in applying for Federal or private

10

grants recommended by the organ procurement organizations.

11

(2)  The Department of Transportation, in consultation

12

with designated organ procurement organizations, shall

13

establish an annual education program for employees of the

14

Department of Transportation. The program shall focus on:

15

(i)  benefits associated with organ and tissue

16

donations;

17

(ii)  scope and operation of the Commonwealth's donor

18

program; and

19

(iii)  how the employees can:

20

(A)  effectively inform the public about the

21

donor program; and

22

(B)  best assist those wishing to participate in

23

the donor program, including use of the Donate Life

24

PA Registry.

25

(b)  Discretionary.--Commonwealth agencies may collaborate

26

with the designated organ procurement organizations in applying

27

for Federal or private grants recommended by the organ

28

procurement organizations.

29

§ 8637.  Information relative to organ and tissue donation.

30

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

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1

consultation with the designated organ procurement

2

organizations, shall review the State curriculum framework to

3

ensure that information about organ donation is included in the

4

standards for students in grades 9 through 12 beginning with the

5

2011-2012 school year.

6

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

7

(1)  Emphasize the benefits of organ and tissue donation

8

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

9

individuals whose lives are saved by organ and tissue

10

donations so that students will be motivated to make an

11

affirmative decision to register as a donor when they become

12

adults.

13

(2)  Fully address myths and misunderstandings regarding

14

organ and tissue donation.

15

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

16

including the option of designating oneself as an organ and

17

tissue donor.

18

(c)  Materials.--The Department of Education shall make

19

related instructional materials available to nonpublic schools

20

educating students in grades 9 through 12. The General Assembly

21

encourages nonpublic schools to use the instructional materials.

22

Nothing in this subsection shall be construed to require

23

nonpublic schools to use the instructional materials.

24

(d)  Institutions of higher education.--

25

(1)    Beginning with the 2011-2012 school year, each

26

public institution of higher education in this Commonwealth

27

shall provide, in collaboration with the designated organ

28

procurement organizations, information to its students,

29

either through student health services or as part of the

30

curriculum, which:

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1

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

2

being of society and the lives that are saved through

3

organ and tissue donations; and

4

(ii)  instills knowledge which will enable

5

individuals to make informed decisions about registering

6

to become an organ and tissue donor.

7

(2)  Beginning with the 2011-2012 school year, each

8

private institution of higher education in this Commonwealth

9

is encouraged to provide, in collaboration with the

10

designated organ procurement organizations, information to

11

its students, either through student health services or as

12

part of the curriculum, which:

13

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

14

being of society and the lives that are saved through

15

organ and tissue donations; and

16

(ii)  instills knowledge which will enable

17

individuals to make informed decisions about registering

18

to become an organ and tissue donor.

19

§ 8638.  Requirements for physician training relative to organ

20

and tissue donation and recovery.

21

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

22

Board of Osteopathic Medicine shall, in collaboration with the

23

designated organ procurement organizations, promulgate

24

regulations stating the following requirements for physician

25

training:

26

(1)  The curriculum in each college of medicine in this

27

Commonwealth shall include two hours of instruction in organ

28

and tissue donation and recovery designed to address clinical

29

aspects of the donation and recovery process.

30

(2)  Successful completion of organ and tissue donation

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1

and recovery instruction under paragraph (1) shall be

2

required as a condition of receiving a diploma from a college

3

of medicine in this Commonwealth.

4

(3)    A college of medicine which includes instruction in

5

organ and tissue donation and recovery under paragraph (1) in

6

its curricula shall offer this training for continuing

7

education credit.

8

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

9

the State Board of Osteopathic Medicine shall issue a statement

10

of policy encouraging physicians who, prior to the effective

11

date of this section, were not required to receive and did not

12

receive instruction in organ and tissue donation and recovery as

13

part of a medical school curriculum to complete the training

14

within three years after the effective date of this section. The

15

training may be completed through an online, credit-based course

16

developed by or for the designated organ procurement

17

organizations, in collaboration with representative professional

18

medical organizations in this Commonwealth.

19

§ 8639.  Requirements for professional nurse training relative

20

to organ and tissue donation and recovery.

21

The State Board of Nursing, in collaboration with the

22

designated organ procurement organizations, shall promulgate

23

regulations stating the following requirements for professional

24

nurse training:

25

(1)    The curriculum in each educational program of

26

professional nursing in this Commonwealth shall include two

27

hours of instruction in organ and tissue donation and

28

recovery designed to address clinical aspects of the donation

29

and recovery process.

30

(2)    Completion of organ and tissue donation and recovery

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1

instruction under paragraph (1) shall be required as a

2

condition of receiving a degree or diploma, as applicable, in

3

professional nursing from a nursing program in this

4

Commonwealth.

5

(3)    A nursing program which includes instruction in

6

organ and tissue donation and recovery under paragraph (1) in

7

its curricula shall offer that training for continuing

8

education credit.

9

(4)    The State Board of Nursing shall issue a statement

10

of policy encouraging nurses who, prior to the effective date

11

of this section, were not required to receive and did not

12

receive instruction in organ and tissue donation and recovery

13

as part of a nursing school curriculum to complete the

14

training within three years after the effective date of this

15

section. The training may be completed through an online,

16

credit-based course developed by or for the designated organ

17

procurement organizations, in collaboration with the

18

representative professional nursing association.

19

§ 8640.  Prohibition on disclosure of identity of donor or

20

recipient.

21

The identity of a donor or a recipient may not be

22

communicated unless expressly authorized by:

23

(1)  the recipient;

24

(2)  if the donor is alive, the donor; and

25

(3)  if the donor is deceased, the next-of-kin of the

26

donor.

27

§ 8641.  Prohibited activities.

28

(a)  Procurement organizations.--

29

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

30

following:

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1

(i)  Disparage the services or business of another

2

procurement organization by false or misleading

3

representations of fact.

4

(ii)  Engage in fraudulent conduct to influence the

5

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

6

(iii)  Engage in unlawful competition or

7

discrimination.

8

(2)  This subsection is not intended to restrict or

9

preclude an organ procurement organization from marketing or

10

promoting its services in the normal course of business.

11

(b)  Funeral establishments.--

12

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

13

director or a funeral establishment may not:

14

(i)  remove body parts from a corpse;

15

(ii)  permit others to remove body parts from a

16

corpse; or

17

(iii)  use funeral establishment facilities to remove

18

body parts from a corpse.

19

(2)  Paragraph (1) does not apply in the following

20

circumstances:

21

(i)  Removal is permissible if it is:

22

(A)  necessary to perform embalming or other

23

services in preparation for burial or cremation; and

24

(B)  authorized in writing by a family member,

25

guardian or other person responsible for disposition

26

of the body.

27

(ii)  Notwithstanding any other provision of law, if

28

a donation is authorized under this chapter, a designated

29

organ procurement organization and a Pennsylvania

30

nonprofit eye bank accredited by the Eye Bank Association

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1

of America may recover donated ocular tissue, including

2

the whole eye, cornea and sclera, and associated blood

3

specimens at a funeral establishment.

4

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

5

authorized to make donations under this chapter that the

6

person wishes to donate body parts from a corpse within the

7

funeral director's custody, the funeral director shall

8

immediately notify the organ procurement organization

9

designated to serve that region.

10

§ 8642.  Uniformity of application and construction.

11

In applying and construing the provisions of this chapter,

12

consideration shall be given to the need to promote uniformity

13

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

14

which enact a uniform act.

15

§ 8643.  Relation to Electronic Signatures in Global and

16

National Commerce Act.

17

This chapter modifies, limits and supersedes the Electronic

18

Signatures in Global and National Commerce Act (Public Law

19

106-229, 15 U.S.C. § 7001 et seq.) but does not modify, limit or

20

supersede section 101(c) of the Electronic Signatures in Global

21

and National Commerce Act or authorize electronic delivery of

22

any of the notices described in section 103(b) of the Electronic

23

Signatures in Global and National Commerce Act.

24

Section 4.  The addition of 20 Pa.C.S. Ch. 86 is a

25

continuation of former Ch. 86 of Title 20. Except as otherwise

26

provided in 20 Pa.C.S. Ch. 86, all activities initiated under

27

former Ch. 86 of Title 20 shall continue and remain in full

28

force and effect and may be completed under 20 Pa.C.S. Ch. 86.

29

Orders, regulations, rules and decisions which were made under

30

former Ch. 86 of Title 20 and which are in effect on the

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1

effective date of section 1 {repeal of former Ch. 86} shall

2

remain in full force and effect until revoked, vacated or

3

modified under 20 Pa.C.S. Ch. 86.

4

Section 5.  This act shall take effect in 60 days.

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