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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2011 |
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| AN ACT |
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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 |
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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 Chapter 86 of Title 20 is repealed: |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 |
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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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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). |
|
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. |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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; |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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. |
|
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 |
|
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. |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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; |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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: |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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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