1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for
3definitions, for prospective donors, for prospective donees,
4for procedure, for amendment or revocation, for rights and
5duties at death, for requests, for identification and
6authorization, for the Governor Robert P. Casey Memorial
7Organ and Tissue Donation Awareness Trust Fund, for
8confidentiality and for prohibitions; providing for promotion
9of donations through a registry, for effect on advance health
10care directive, for facilitation of gifts during
11investigation, for collaboration, for information, for
12physician and nurse training, for uniformity and for
13electronic signatures; and further providing for corneal
14transplants.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

1Section 1. The definitions of "advisory committee," "bank or
2storage facility," "decedent" and "organ procurement
3organization" in section 8601 of Title 20 of the Pennsylvania
4Consolidated Statutes are amended and the section is amended by
5adding definitions to read:

6§ 8601. Definitions.

7The following words and phrases when used in this chapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10* * *

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

12"Advance health care directive." As defined in section 5422
13(relating to definitions).

14"Advisory committee." The Organ and Tissue Donation Advisory
15Committee established under section 8622 (relating to The
16Governor Robert P. Casey Memorial Organ and Tissue Donation
17Awareness Trust Fund).

18"Agent." Any of the following:

19(1) An individual authorized to make health care
20decisions on another's behalf under Subchapter C of Chapter
2154 (relating to health care agents and representatives).

22(2) An individual expressly authorized to make an
23anatomical gift on another's behalf by any other record
24signed by the individual giving the authorization.

25"Anatomical gift." A donation of all or part of a human body
26to take effect after the donor's death for the purpose of
27transplantation, therapy, research or education.

28["Bank or storage facility." A facility licensed, accredited
29or approved under the laws of any state for storage of human
30bodies or parts thereof.]

1* * *

2"Decedent." [A deceased individual, including a stillborn
3infant or fetus.] A deceased individual whose body or part is or 
4may be the source of an anatomical gift. The term includes a 
5stillborn infant and, subject to restrictions imposed by other 
6laws, a fetus. The term does not include a blastocyst, embryo or 
7fetus that is the subject of an induced abortion.

8"Document of gift." A donor card or other record used to
9make, amend or revoke an anatomical gift. The term includes a
10statement or symbol on a driver's license or identification card
11or in a donor registry.

12"Donate Life PA Registry." The registry established in
13section 8625 (relating to promotion of organ and tissue
14donation; Donate Life PA Registry established).

15* * *

16"Donor registry." A database which contains records of
17anatomical gifts. The term includes the Donate Life PA Registry.

18"Eye bank." A person that is licensed, accredited or
19regulated under Federal or State law to engage in the recovery,
20screening, testing, processing, storage or distribution of human
21eyes or portions of human eyes.

22* * *

23"Hospital administrator." Any individual appointed by a
24hospital's governing body to act on its behalf in the overall
25management of the hospital. The term includes a designee of the
26individual.

27"Know." To have actual knowledge. When the word "known" is
28used as an adjective to modify a term, the meaning is that there
29is actual knowledge about the modified term.

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

1"Organ procurement organization." An organization [that
2meets the requirements of section 371 of the Public Health
3Service Act (58 Stat. 682, 42 U.S.C. § 273)] designated for the 
4region by the Secretary of Health and Human Services as an organ 
5procurement organization.

6* * *

7"Person authorized or obligated to dispose of a decedent's
8body." Any of the following, without regard to order of
9priority:

10(1) A coroner or medical examiner having jurisdiction
11over the decedent's body.

12(2) A warden or director of a correctional facility
13where the decedent was incarcerated.

14(3) An administrator or authorized official of a social
15service agency having a relationship with the decedent.

16(4) An individual or official of an entity that:

17(i) is authorized to make decisions with respect to
18the disposition, transportation, transfer, burial or
19cremation of a decedent;

20(ii) is under an obligation to make decisions with
21respect to the disposition, transportation, transfer,
22burial or cremation of a decedent; or

23(iii) voluntarily assumes responsibility for
24decisions with respect to the disposition,
25transportation, transfer, burial or cremation of a
26decedent.

27* * *

28"Program coordinator." The Organ and Tissue Donation
29Awareness Program Coordinator established in section 8622
30(relating to The Governor Robert P. Casey Memorial Organ and

1Tissue Donation Awareness Trust Fund).

2"Prospective donor." A person who is dead or whose death is
3imminent and has been determined by an organ procurement
4organization to have a part that could be medically suitable for
5transplantation, therapy, research or education.

6"Reasonably available." Able to be contacted by a
7procurement organization without undue effort and willing and
8able to act in a timely manner consistent with existing medical
9criteria necessary to make an anatomical gift.

10"Recipient." An individual into whose body a decedent's part
11has been or is intended to be transplanted.

12"Record." Information that is inscribed on a tangible medium
13or that is stored in an electronic or other medium and is
14retrievable in perceivable form.

15* * *

16"Tissue bank." A person that is licensed, accredited or
17regulated under Federal or State law to engage in the recovery,
18screening, testing, processing, storage or distribution of
19tissue.

20* * *

21Section 2. Sections 8611(a), (b) and (c) of Title 20 are
22amended and the section is amended by adding a subsection to
23read:

24§ 8611. Persons who may execute anatomical gift.

25(a) General rule.--Any individual of sound mind and 18 years
26of age or more may give all or any part of his body for any
27purpose specified in section 8612 (relating to persons who may
28become donees; purposes for which anatomical gifts may be made),
29the gift to take effect upon death. [Any] An agent [acting under
30a power of attorney which authorizes the agent to make

1anatomical gifts] may effectuate a gift for any purpose
2specified in section 8612. Any individual who is a minor and 16
3years of age or older may effectuate a gift for any purpose
4specified in section 8612, provided parental or guardian consent
5is deemed given. Parental or guardian consent shall be noted on
6the minor's donor card, application for the donor's learner's
7permit or driver's license or other document of gift. A gift of
8the whole body shall be invalid unless made in writing at least
915 days prior to the date of death or consent is obtained from
10the legal next of kin. Where there are adult children of the
11deceased who are not children of the surviving spouse, their
12consent shall also be required for a gift of the whole body for
13anatomical study.

14(b) [Others entitled] Entitled to donate anatomy of
15decedent.--Any of the following persons who are reasonably 
16available, in order of priority stated, when persons in prior
17classes are not reasonably available at the time of death, and
18in the absence of [actual notice of contrary indications] known 
19objections by the decedent or [actual notice of opposition] by a
20member of [the same or] a prior class, may give all or any part
21of the decedent's body for any purpose specified in section
228612:

23[(1) The spouse.

24(2) An adult son or daughter.

25(3) Either parent.

26(4) An adult brother or sister.

27(5) A guardian of the person of the decedent at the time
28of his death.

29(6) Any other person authorized or under obligation to
30dispose of the body.]

1(1) An agent of the decedent at the time of death who
2could have made an anatomical gift under subsection (a).

3(2) The spouse of the decedent.

4(3) An adult child of the decedent.

5(4) A parent of the decedent.

6(5) An adult sibling of the decedent.

7(6) A guardian of the person of the decedent.

8(7) An adult who is related to the decedent by blood,
9marriage or adoption, including a stepparent, stepchild or
10stepsibling.

11(8) A person that exhibited special care and concern for
12the decedent.

13(9) A hospital administrator.

14(10) A person authorized or obligated to dispose of the
15decedent's body.

16(b.1) Required to donate anatomy of decedent.--Unless there
17is a known objection by the decedent, a hospital administrator
18shall give all or part of the decedent's body for any purpose
19specified in section 8612.

20(c) Donee not to accept in certain cases.--[If the]

21(1) The donee may not accept a gift under any of the
22following circumstances:

23(i) The donee [has actual notice of contrary
24indications] knows of an objection by the decedent [or].

25(ii) The donee knows that a gift by a member of a
26class is opposed by a reasonably available member of [the
27same or] a prior class[, the donee shall not accept the
28gift].

29(iii) The donee knows that a gift by a member of a
30class is opposed by at least 50% of the reasonably

1available members of the same class.

2(2) The persons authorized by subsection (b) may make
3the gift after or immediately before death.

4* * *

5Section 2.1. Section 8612 of Title 20 is amended to read:

6§ 8612. Persons who may become donees; purposes for which
7anatomical gifts may be made.

8[The following persons may become donees of gifts of bodies
9or parts thereof for any of the purposes stated:

10(1) Any hospital, surgeon or physician for medical or
11dental education, research, advancement of medical or dental
12science, therapy or transplantation.

13(2) Any accredited medical or dental school, college or
14university for education, research, advancement of medical or
15dental science or therapy.

16(3) Any bank or storage facility for medical or dental
17education, research, advancement of medical or dental
18science, therapy or transplantation.

19(4) Any specified individual for therapy or
20transplantation needed by him.

21(5) The board.]

22(a) Donees.--An anatomical gift may be made to any of the
23following persons named in the document of gift:

24(1) If for research or education, any of the following:

25(i) A hospital.

26(ii) An accredited medical school, dental school,
27college or university.

28(iii) The board.

29(iv) An organ procurement organization.

30(v) Any other appropriate person as authorized by

1law.

2(2) Subject to subsection (b), an individual designated
3by the person making the anatomical gift if the individual is
4the recipient of the part.

5(3) An eye bank or tissue bank.

6(4) An organ procurement organization.

7(b) Directed donation.--If an anatomical gift to an
8individual under subsection (a)(2) cannot be transplanted into
9the individual, the part shall pass in accordance with
10subsection (c) in the absence of a known objection by the person
11making the anatomical gift.

12(c) Organ for transplant or therapy.--An anatomical gift of
13an organ for transplantation or therapy, other than an
14anatomical gift under subsection (a)(2), shall pass to the organ
15procurement organization.

16(d) Default.--If the intended purpose or recipient of an
17anatomical gift is not known, the following shall apply:

18(1) If the part is an eye, the gift shall pass to the
19appropriate eye bank.

20(2) If the part is tissue, the gift shall pass to the
21appropriate tissue bank.

22(3) If the part is an organ, the gift shall pass to the
23appropriate organ procurement organization.

24(4) If the gift is of the decedent's entire body, the
25gift shall pass to the board.

26(e) Multiple purposes.--If there is more than one purpose of
27an anatomical gift set forth in the document of gift but the
28purposes are not set forth in any priority, the gift shall be
29used for transplantation or therapy, if suitable, and shall pass
30to the appropriate organ procurement organization. If the gift

1cannot be used for transplantation or therapy, the gift may be
2used for research or education.

3(f) Unspecified purpose.--If an anatomical gift is made in a
4document of gift that does not name a person described in
5subsection (a) and does not identify the purpose of the gift,
6the gift may be used only for transplantation or therapy, and
7the gift shall pass in accordance with subsection (d).

8Section 2.2. Section 8613(b), (d) and (e) of Title 20 are
9amended and the section is amended by adding subsections to
10read:

11§ 8613. Manner of executing anatomical gifts.

12* * *

13(b) Gifts by other documents.--[A gift of all or part of the
14body under section 8611(a) may also be made by document other
15than a will.] An anatomical gift may be made by other document, 
16including by authorizing a statement or symbol indicating that 
17the donor has made an anatomical gift, which shall be recorded 
18in a donor registry or on the donor's driver's license or 
19identification card. The gift becomes effective upon the death
20of the donor. The document, which may be a card designed to be
21carried on the person, must be signed by the donor [in the
22presence of two witnesses who must sign the document in his
23presence]. If the donor is mentally competent to signify his
24desire to sign the document but is physically unable to do so,
25the document may be signed for him by another at his direction
26and in his presence in the presence of two witnesses who must
27sign the document in his presence. Delivery of the document of
28gift during the donor's lifetime is not necessary to make the
29gift valid. If an anatomical gift is indicated on a driver's 
30license or an identification card, the anatomical gift is not
 

1invalidated by revocation, suspension, expiration or 
2cancellation of:

3(1) the driver's license under 75 Pa.C.S. Ch. 15
4(relating to licensing of drivers); or

5(2) the identification card by the Department of
6Transportation.

7* * *

8[(d) Designation of person to carry out procedures.--
9Notwithstanding section 8616(b) (relating to rights and duties
10at death), the donor may designate in his will, card or other
11document of gift the surgeon or physician to carry out the
12appropriate procedures. In the absence of a designation or if
13the designee is not available, the donee or other person
14authorized to accept the gift may employ or authorize any
15surgeon or physician for the purpose, or, in the case of a gift
16of eyes, he may employ or authorize a person who is a funeral
17director licensed by the State Board of Funeral Directors, an
18eye bank technician or medical student, if the person has
19successfully completed a course in eye enucleation approved by
20the State Board of Medical Education and Licensure, or an eye
21bank technician or medical student trained under a program in
22the sterile technique for eye enucleation approved by the State
23Board of Medical Education and Licensure to enucleate eyes for
24an eye bank for the gift after certification of death by a
25physician. A qualified funeral director, eye bank technician or
26medical student acting in accordance with the terms of this
27subsection shall not have any liability, civil or criminal, for
28the eye enucleation.]

29(d.1) Reliance.--A person may rely on a document of gift or
30amendment thereto as being valid unless that person knows that

1it was not validly executed or was revoked.

2(e) Consent not necessary.--[If a donor card, donor driver's
3license, living will, durable power of attorney or other
4document of gift evidencing a gift of organs or tissue has been
5executed,] A donor's gift of all or any part of the individual's 
6body, including a designation on a driver's license or 
7identification card, donor card, advance health care directive, 
8will or other document of gift, may not be revoked by the next-
9of-kin or other persons identified in section 8611(b). The 
10consent of any person [designated in section 8611(b)] at the
11time of the donor's death or immediately thereafter is not
12necessary to render the gift valid and effective.

13* * *

14(g) Validity.--A document of gift is valid if executed in
15accordance with:

16(1) this chapter;

17(2) the law of the state or country where it was
18executed; or

19(3) the law of the state or country where, at the time
20of execution of the document of gift, the person making the
21anatomical gift:

22(i) is domiciled;

23(ii) has a place of residence; or

24(iii) is a citizen.

25(h) Choice of law.--If a document of gift is valid under
26this section, the law of this Commonwealth governs
27interpretation of the document.

28Section 3. Section 8615 of Title 20 is amended by adding
29subsections to read:

30§ 8615. Amendment or revocation of gift.

1* * *

2(d) Effectiveness of revocation.--A revocation made under
3this chapter shall take effect if, before an incision has been
4made to remove a part from the donor's body or before invasive
5procedures have begun to prepare the recipient, the applicable
6organ procurement organization, transplant hospital or physician
7or technician knows of the revocation.

8(e) Revocation not a refusal.--A revocation made under this
9chapter shall not be considered a known objection or refusal to
10make a gift of one's body or a part of one's body nor a
11prohibition against a person described in section 8611(b)
12(relating to persons who may execute anatomical gift) making
13such a gift.

14Section 4. Sections 8616(b), (c) and (d), 8617, 8619, 8621,
158622, 8623 and 8624 of Title 20 are amended to read:

16§ 8616. Rights and duties at death.

17* * *

18(b) Physicians.--The time of death shall be determined by a
19physician who tends the donor at his death or, if none, the
20physician who certifies the death. [The physician or person who
21certifies death or any of his professional partners or
22associates shall not participate in the procedures for removing
23or transplanting a part.]

24(c) Certain liability limited.--A person who acts in good
25faith in accordance with the terms of this subchapter or with
26the anatomical gift laws of another state or a foreign country
27is not liable for damages in any civil action or subject to
28prosecution in any criminal proceeding for his act. Neither a 
29person making an anatomical gift nor a donor's estate shall be 
30liable for injury or damage which results from the making or use
 

1of the anatomical gift. In determining whether an anatomical 
2gift has been made, amended or revoked under this chapter, a 
3person may rely upon representations of an individual listed in 
4section 8611(b) relating to the individual's relationship to the 
5donor or prospective donor unless the person knows that the 
6representation is untrue.

7(d) Law on autopsies applicable.--The provisions of this
8subchapter are subject to the laws of this Commonwealth
9prescribing powers and duties with respect to autopsies.
10Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history 
11record information), an organ procurement organization is 
12authorized to obtain a copy of an autopsy report in a timely 
13fashion upon request and payment of reasonable copying fees.

14§ 8617. Requests for anatomical gifts.

15[(a) Procedure.--On or before the occurrence of each death
16in an acute care general hospital, the hospital shall make
17contact with the regional organ procurement organization in
18order to determine the suitability for organ, tissue and eye
19donation for any purpose specified under this subchapter. This
20contact and the disposition shall be noted on the patient's
21medical record.

22(b) Limitation.--If the hospital administrator or his
23designee has received actual notice of opposition from any of
24the persons named in section 8611(b) (relating to persons who
25may execute anatomical gift) and the decedent was not in
26possession of a validly executed donor card, the gift of all or
27any part of the decedent's body shall not be requested.

28(c) Donor card.--Notwithstanding any provision of law to the
29contrary, the intent of a decedent to participate in an organ
30donor program as evidenced by the possession of a validly

1executed donor card, donor driver's license, living will,
2durable power of attorney or other document of gift shall not be
3revoked by any member of any of the classes specified in section
48611(b).

5(d) Identification of potential donors.--Each acute care
6general hospital shall develop within one year of the date of
7final enactment of this section, with the concurrence of the
8hospital medical staff, a protocol for identifying potential
9organ and tissue donors. It shall require that, at or near the
10time of every individual death, all acute care general hospitals
11contact by telephone their regional organ procurement
12organization to determine suitability for organ, tissue and eye
13donation of the individual in question. The person designated by
14the acute care general hospital to contact the organ procurement
15organization shall have the following information available
16prior to making the contact:

17(1) The patient's identifier number.

18(2) The patient's age.

19(3) The cause of death.

20(4) Any past medical history available.

21The organ procurement organization, in consultation with the
22patient's attending physician or his designee, shall determine
23the suitability for donation. If the organ procurement
24organization in consultation with the patient's attending
25physician or his designee determines that donation is not
26appropriate based on established medical criteria, this shall be
27noted by hospital personnel on the patient's record, and no
28further action is necessary. If the organ procurement
29organization in consultation with the patient's attending
30physician or his designee determines that the patient is a

1suitable candidate for anatomical donation, the acute care
2general hospital shall initiate a request by informing the
3persons and following the procedure designated under section
48611(b) of the option to donate organs, tissues or eyes. The
5person initiating the request shall be an organ procurement
6organization representative or a designated requestor. The organ
7procurement organization representative or designated requestor
8shall ask persons pursuant to section 8611(b) whether the
9deceased was an organ donor. If the person designated under
10section 8611(b) does not know, then this person shall be
11informed of the option to donate organs and tissues. The
12protocol shall encourage discretion and sensitivity to family
13circumstances in all discussions regarding donations of tissue
14or organs. The protocol shall take into account the deceased
15individual's religious beliefs or nonsuitability for organ and
16tissue donation.

17(e) Tissue procurement.--

18(1) The first priority use for all tissue shall be
19transplantation.

20(2) Upon Department of Health approval of guidelines
21pursuant to subsection (f)(1)(ii), all acute care general
22hospitals shall select at least one tissue procurement
23provider. A hospital shall notify the regional organ
24procurement organization of its choice of tissue procurement
25providers. If a hospital chooses more than one tissue
26procurement provider, it may specify a rotation of referrals
27by the organ procurement organization to the designated
28tissue procurement providers.

29(3) Until the Department of Health has approved
30guidelines pursuant to subsection (f)(1)(ii), tissue

1referrals at each hospital shall be rotated in a proportion
2equal to the average rate of donors recovered among the
3tissue procurement providers at that hospital during the two-
4year period ending August 31, 1994.

5(4) The regional organ procurement organization, with
6the assistance of tissue procurement providers, shall submit
7an annual report to the General Assembly on the following:

8(i) The number of tissue donors.

9(ii) The number of tissue procurements for
10transplantation.

11(iii) The number of tissue procurements recovered
12for research by each tissue procurement provider
13operating in this Commonwealth.

14(f) Guidelines.--

15(1) The Department of Health, in consultation with organ
16procurement organizations, tissue procurement providers and
17the Hospital Association of Pennsylvania, donor recipients
18and family appointed pursuant to section 8622(c)(3) (relating
19to The Governor Robert P. Casey Memorial Organ and Tissue
20Donation Awareness Trust Fund) shall, within six months of
21the effective date of this chapter, do all of the following:

22(i) Establish guidelines regarding efficient
23procedures facilitating the delivery of anatomical gift
24donations from receiving hospitals to procurement
25providers.

26(ii) Develop guidelines to assist hospitals in the
27selection and designation of tissue procurement
28providers.

29(2) Each organ procurement organization and each tissue
30procurement provider operating within this Commonwealth

1shall, within six months of the effective date of this
2chapter, file with the Department of Health, for public
3review, its operating protocols.]

4(a) Procedure.--

5(1) A hospital located in this Commonwealth shall notify
6the applicable designated organ procurement organization or a
7third party designated by that organization of an individual
8whose death is imminent or who has died in the hospital.
9Notification shall be made in a timely manner to ensure that
10examination, evaluation and ascertainment of donor status as
11set forth in subsection (d) can be completed within a time
12frame compatible with the donation of organs and tissues for
13transplant. The notification shall be made without regard to
14whether the person has executed an advance directive for
15health care.

16(2) The following shall apply to coroners and medical
17examiners:

18(i) Except as set forth in subparagraph (ii), a
19coroner or medical examiner shall notify the applicable
20designated organ procurement organization of a person's
21death in accordance with a mutually agreed-upon protocol.
22Notification shall be made in a timely manner to ensure
23that examination, evaluation and ascertainment of donor
24status as set forth in subsection (d) can be completed
25within a time frame compatible with the recovery of
26tissues for transplant.

27(ii) Notification under this paragraph shall not be
28made if:

29(A) the decedent was admitted to the hospital at
30or around the time of death; or

1(B) the notification to the coroner or medical
2examiner occurred more than 18 hours following the
3estimated time of the decedent's death.

4(b) Referrals.--If an organ procurement organization
5receives a referral of an individual whose death is imminent or
6who has died, the organ procurement organization shall make a
7reasonable search of the records of the Donate Life PA Registry
8or the applicable State donor registry that it knows exists for
9the geographic area in which the individual resided or resides
10in order to ascertain whether the individual has made an
11anatomical gift.

12(c) Document of gift.--

13(1) If the referred patient has a document of gift,
14including registration with the Donate Life PA Registry, the
15procurement organization representative or the designated
16requestor shall attempt to notify a person listed in section
178611(b) (relating to persons who may execute anatomical gift)
18of the gift.

19(2) If no document of gift is known to the procurement
20organization representative or the designated requestor, one
21of these two individuals shall ask the persons listed in
22section 8611(b) whether the decedent had a validly executed
23document of gift. If there is no evidence of an anatomical
24gift by the decedent, the procurement organization
25representative or the designated requestor shall notify a
26person listed in section 8611(b) of the option to donate
27organs and tissues.

28(3) The hospital administrator or that person's
29designated representative shall indicate in the medical
30record of the decedent:

1(i) whether or not a document of gift is known to
2exist or whether a gift was made; and

3(ii) the name of the person granting or refusing the
4gift and that person's relationship to the decedent.

5(d) Testing.--

6(1) This subsection shall apply if:

7(i) a hospital refers an individual who is dead or
8whose death is imminent to an organ procurement
9organization; and

10(ii) the organ procurement organization determines,
11based upon a medical record review, that the individual
12may be a prospective donor.

13(2) If the requirements of paragraph (1) are met, the
14following shall apply:

15(i) The organ procurement organization may conduct a
16blood or tissue test or minimally invasive examination
17which is reasonably necessary to evaluate the medical
18suitability of a part that is or may be the subject of an
19anatomical gift. Specific consent to testing or
20examination under this subparagraph shall not be
21required. The results of tests and examinations under
22this subparagraph shall be used or disclosed only:

23(A) to evaluate medical suitability for donation
24and to facilitate the donation process; and

25(B) as required or permitted by law.

26(ii) The hospital may not withdraw or withhold any
27measures which are necessary to maintain the medical
28suitability of the part until the organ procurement
29organization has:

30(A) had the opportunity to advise the applicable

1persons as set forth in section 8611(b) of the option
2to make an anatomical gift and has received or been
3denied authorization to proceed with recovery of the
4part; or

5(B) has ascertained that the individual
6expressed a known objection.

7(e) Testing after death.--After a donor's death, a person to
8whom an anatomical gift may pass under section 8612 (relating to
9persons who may become donees; purposes for which anatomical
10gifts may be made) may conduct a test or examination which is
11reasonably necessary to evaluate the medical suitability of the
12body or part for its intended purpose.

13(f) Scope.--An examination conducted under this section may
14include copying of records necessary to determine the medical
15suitability of the body or part. This subsection includes
16medical, dental and other health-related records.

17(f.1) Recipients.--

18(1) Subject to the provisions of this chapter, the
19rights of the person to whom a part passes under section 8612
20shall be superior to the rights of all others with respect to
21the part. The person may accept or reject an anatomical gift
22in whole or in part.

23(2) Subject to the terms of the document of gift and
24this chapter, a person that accepts an anatomical gift of an
25entire body may allow embalming, burial or cremation and the
26use of remains in a funeral service. If the gift is of a
27part, the person to whom the part passes under section 8612,
28upon the death of the donor and before embalming, burial or
29cremation, shall cause the part to be removed without
30unnecessary mutilation.

1(f.2) Physicians.--

2(1) Neither the physician who attends the decedent at
3death nor the physician who determines the time of the
4decedent's death may participate in the procedures for
5removing or transplanting a part from the decedent.

6(2) Subject to paragraph (1), a physician or technician
7may remove a donated part from the body of a donor that the
8physician or technician is qualified to remove.

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

10(1) A hospital shall enter into agreements or
11affiliations with organ procurement organizations for
12coordination of procurement and use of anatomical gifts.

13(2) A person, including a coroner or medical examiner,
14that seeks to facilitate the making of an anatomical gift for
15the purposes of transplantation or therapy from a decedent
16who was not a hospital patient at the time of death shall
17notify the applicable designated organ procurement
18organization at or around the time of the person's death in
19order to allow that organization to evaluate the potential
20donation and, if applicable, coordinate the donation process.

21(g) Death record review.--

22(1) The Department of Health shall make annual death
23record reviews at acute care general hospitals to determine
24their compliance with subsection (d).

25(2) To conduct a review of an acute care general
26hospital, the following apply:

27(i) The [Department of Health] department shall
28select to carry out the review the Commonwealth-licensed
29organ procurement organization designated by the [Health
30Care Financing Administration] Centers for Medicare and
 

1Medicaid Services for the region within which the acute
2care general hospital is located. For an organ
3procurement organization to be selected under this
4subparagraph, the organization must not operate nor have
5an ownership interest in an entity which provides all of
6the functions of a tissue procurement provider.

7(ii) If there is no valid selection under
8subparagraph (i) or if the organization selected under
9subparagraph (i) is unwilling to carry out the review,
10the department shall select to carry out the review any
11other Commonwealth-licensed organ procurement
12organization. For an organ procurement organization to be
13selected under this subparagraph, the organization must
14not operate nor have an ownership interest in an entity
15which provides all of the functions of a tissue
16procurement provider.

17(iii) If there is no valid selection under
18subparagraph (ii) or if the organization selected under
19subparagraph (ii) is unwilling to carry out the review,
20the department shall carry out the review using trained
21department personnel.

22(3) There shall be no cost assessed against a hospital
23for a review under this subsection.

24(4) If the department finds, on the basis of a review
25under this subsection, that a hospital is not in compliance
26with subsection (d), the department may impose an
27administrative fine of up to $500 for each instance of
28noncompliance. A fine under this paragraph is subject to 2 
29Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
30Commonwealth agencies) and Ch. 7 Subch. A (relating to

1judicial review of Commonwealth agency action). Fines
2collected under this paragraph shall be deposited into the
3fund.

4(5) An organ procurement organization may, upon request
5and payment of associated fees, obtain certified copies of
6death records of a donor from the Division of Vital Records
7of the department.

8(h) Definitions.--As used in this section, the following
9words and phrases shall have the meanings given to them in this
10subsection:

11"Designated requestor." A hospital employee completing a
12course offered by [an] a designated organ procurement
13organization on how to approach potential donor families and
14request organ or tissue donation.

15"Noncompliance." Any failure on the part of a hospital to
16contact an organ procurement organization as required under
17subsection (d).

18§ 8619. Use of driver's license or identification card to
19indicate organ or tissue donation.

20(a) General rule.--Beginning as soon as practicable, but no
21later than January 1, 1995, or one year following the effective
22date of this section, whichever is later, the Department of
23Transportation shall redesign the driver's license and
24identification card application system to process requests for
25information regarding consent of the individual to organ or
26tissue donation. The following question shall be asked:

27Do you wish to have the organ donor designation printed
28on your driver's license?

29Only an affirmative response of an individual shall be noted on
30the front of the driver's license or identification card and

1shall clearly indicate the individual's intent to donate his
2organs or tissue. A notation on an individual's driver's license
3or identification card that he intends to donate his organs or
4tissue is deemed sufficient to satisfy all requirements for
5consent to organ or tissue donation. The department shall record 
6and store all organ donor designations in the Donate Life PA 
7Registry, regardless of whether a driver's license or 
8identification card is issued. The recorded and stored 
9designation is sufficient to satisfy all requirements for 
10consent to organ and tissue donation.

11(b) Electronic access.--The organ procurement organizations
12designated by the Federal Government in the Commonwealth of
13Pennsylvania as part of the nationwide organ procurement network
14[may] shall be given 24-hour-a-day electronic access to
15information necessary to confirm an individual's organ donor
16status through the Department of Transportation's driver
17licensing database. Necessary information shall include the
18individual's name, address, date of birth, driver's license
19number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114
20(relating to limitation on sale, publication and disclosure of
21records), the Department of Transportation is authorized to
22provide the organ procurement organizations, after a written
23agreement between the Department of Transportation and the organ
24procurement organizations is first obtained, with the foregoing
25information. The organ procurement organization shall not use
26such information for any purpose other than to confirm an
27individual's organ donor status at or near or after an
28individual's death. The organ procurement organizations shall
29not be assessed the fee for such information prescribed by 75 
30Pa.C.S. § 1955(a) (relating to information concerning drivers

1and vehicles).

2§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
3Donation Awareness Trust Fund contributions.

4(a) Driver's license.--Beginning as soon as practicable, but
5no later than [January 1, 1995] July 1, 2013, the Department of
6Transportation shall provide an applicant for an original or
7renewal driver's license or identification card the opportunity
8to make a contribution of [$1] $2 to the fund. The contribution
9shall be added to the regular fee for an original or renewal
10driver's license or identification card. One contribution may be
11made for each issuance or renewal of a license or identification
12card. Contributions shall be used exclusively for the purposes
13set out in section 8622 (relating to The Governor Robert P.
14Casey Memorial Organ and Tissue Donation Awareness Trust Fund).
15The Department of Transportation shall monthly determine the
16total amount designated under this section and shall report that
17amount to the State Treasurer, who shall transfer that amount to
18The Governor Robert P. Casey Memorial Organ and Tissue Donation
19Awareness Trust Fund.

20(b) Vehicle registration.--The Department of Transportation
21shall provide an applicant for a renewal vehicle registration
22the opportunity to make a contribution of [$1] $2 to The
23Governor Robert P. Casey Memorial Organ and Tissue Donation
24Awareness Trust Fund. The contribution shall be added to the
25regular fee for a renewal of a vehicle registration. One
26contribution may be made for each renewal vehicle registration.
27Contributions shall be used exclusively for the purposes
28described in section 8622. The Department of Transportation
29shall monthly determine the total amount designated under this
30section and shall report that amount to the State Treasurer, who

1shall transfer that amount to The Governor Robert P. Casey
2Memorial Organ and Tissue Donation Awareness Trust Fund. The
3Governor Robert P. Casey Memorial Organ and Tissue Donation
4Awareness Trust Fund shall reimburse the department for the
5initial costs incurred in the development and implementation of
6the contribution program under this subsection in an amount of 
7not more than $375,000. The General Fund shall reimburse the
8Department of Transportation for the actual annual operating
9costs of the program for vehicle registrations as described in
10this subsection [subject to the following limits: For the first
11fiscal year during which this subsection is effective, the
12General Fund shall reimburse the Department of Transportation
13for the actual operating costs of the program in this subsection
14up to a maximum of $100,000]. For each fiscal year thereafter,
15the General Fund shall reimburse the Department of
16Transportation for the actual operating costs of the program in
17this subsection in an amount not to exceed the prior year's
18actual operating costs on a full fiscal year basis plus 3%. The
19amounts approved by the Governor as necessary are hereby
20appropriated from the General Fund for this purpose.

21(c) Internet website.--Within one year of the effective date
22of this subsection, the official Internet website of the
23department shall provide links through which individuals may
24make voluntary contributions of at least $1 to the fund,
25electronically and by paper. The links shall be provided at
26least in connection with the issuance of driver's licenses,
27personal identification cards and registration of motor
28vehicles.

29§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
30Donation Awareness Trust Fund.

1(a) Establishment.--All contributions received by the
2Department of Transportation under section 8621 (relating to The
3Governor Robert P. Casey Memorial Organ and Tissue Donation
4Awareness Trust Fund contributions) [and the Department of
5Revenue under section 8618 (relating to voluntary contribution
6system)] and the Department of Health under section 8617
7(relating to requests for anatomical gifts) shall be deposited
8into a special fund in the State Treasury to be known as The
9Governor Robert P. Casey Memorial Organ and Tissue Donation
10Awareness Trust Fund, which is hereby established.

11(b) Appropriation.--All moneys deposited in the fund and
12interest which accrues from those funds are appropriated on a
13continuing basis subject to the approval of the Governor to
14compensate the Department of Transportation, the Department of
15Health and the Department of Revenue for actual costs related to
16implementation of this chapter, including all costs of the Organ
17and Tissue Donation Advisory Committee created in subsection
18(c). Any remaining funds are appropriated subject to the
19approval of the Governor for the following purposes:

20(1) [10%] Ten percent of the total fund may be expended
21annually by the Department of Health for reasonable hospital
22and other medical expenses, funeral expenses and incidental
23expenses incurred by the donor or donor's family in
24connection with making [a vital organ donation] an organ or 
25tissue donation, along with programming, to provide support 
26services to organ and tissue donors and their families, such 
27as bereavement counseling services. Such expenditures shall
28not exceed $3,000 per donor and shall only be made directly
29to the funeral home, hospital or other service provider
30related to the donation. No part of the fund shall be

1transferred directly to the donor's family, next of kin or
2estate. The advisory committee shall develop procedures,
3including the development of a pilot program, necessary for
4effectuating the purposes of this paragraph.

5(2) [50%] Fifty percent may be expended for grants to
6certified organ procurement organizations for the development
7and implementation of organ donation awareness programs in
8this Commonwealth. The Department of Health shall develop and
9administer this grant program, which is hereby established.

10(3) [15%] Fifteen percent may be expended by the
11Department of Health, in cooperation with certified organ
12procurement organizations, for the Project-Make-A-Choice
13program, which shall include information pamphlets designed
14by the Department of Health relating to organ donor awareness
15and the laws regarding organ donation, public information and
16public education about contributing to the fund when
17obtaining or renewing a driver's license and when completing
18a State individual income tax return form.

19(4) [25%] Twenty-five percent may be expended by the
20Department of Education for the implementation of organ
21donation awareness programs in the secondary schools in this
22Commonwealth.

23[(c) Advisory committee.--The Organ Donation Advisory
24Committee is hereby established, with membership as follows:

25(1) Two representatives of organ procurement
26organizations.

27(2) Two representatives of tissue procurement providers.

28(3) Six members representative of organ, tissue and eye
29recipients, families of recipients and families of donors.

30(4) Three representatives of acute care hospitals.

1(5) One representative of the Department of Health.

2(6) One representative of eye banks.

3All members shall be appointed by the Governor. Appointments
4shall be made in a manner that provides representation of the
5northwest, north central, northeast, southwest, south central
6and southeast regions of this Commonwealth. Members shall serve
7five-year terms. The Governor may reappoint advisory committee
8members for successive terms. Members of the advisory committee
9shall remain in office until a successor is appointed and
10qualified. If vacancies occur prior to completion of a term, the
11Governor shall appoint another member in accordance with this
12subsection to fill the unexpired term. The advisory committee
13shall meet at least biannually to review progress in the area of
14organ and tissue donation in this Commonwealth, recommend
15education and awareness training programs, recommend priorities
16in expenditures from the fund and advise the Secretary of Health
17on matters relating to administration of the fund. The advisory
18committee shall recommend legislation as it deems necessary to
19fulfill the purposes of this chapter. The advisory committee
20shall submit a report concerning its activities and progress to
21the General Assembly within 30 days prior to the expiration of
22each legislative session. The Department of Health shall
23reimburse members of the advisory committee for all necessary
24and reasonable travel and other expenses incurred in the
25performance of their duties under this section.]

26(c) Advisory committee.--

27(1) The Organ and Tissue Donation Advisory Committee is
28established. Membership shall be as follows:

29(i) The Secretary of Education or a designee.

30(ii) The Secretary of Health or a designee.

1(iii) The Secretary of Transportation or a designee.

2(iv) One representative from each designated organ
3procurement organization.

4(v) Two representatives of tissue procurement
5providers.

6(vi) Six members representative of:

7(A) organ, tissue and eye recipients;

8(B) families of recipients;

9(C) donors; and

10(D) families of donors.

11(vii) Two representatives of acute care hospitals
12which are:

13(A) licensed in this Commonwealth; and

14(B) members of the Statewide association
15representing the interests of hospitals throughout
16this Commonwealth.

17(viii) One representative of eye banks.

18(ix) One representative of community health
19organizations.

20(2) A member under paragraph (1)(i), (ii) and (iii)
21shall serve ex officio.

22(3) For a member under paragraph (1)(iv), (v), (vi),
23(vii), (viii) and (ix), the following apply:

24(i) Members shall be appointed in a manner which
25reflects geographic diversity. Input on the selection of
26the representatives under paragraph (1)(vii) shall be
27sought from the Statewide association referred to in
28paragraph (1)(vii)(B).

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

30(iii) The Governor may reappoint an advisory

1committee member for successive terms.

2(iv) A member shall remain in office until a
3successor is appointed and qualified.

4(v) If a vacancy occurs prior to completion of a
5term, the Governor shall appoint a member to fill the
6unexpired term in the same manner as the vacating member
7was appointed.

8(4) The advisory committee shall meet at least
9biannually to do all of the following:

10(i) Review progress in the area of organ and tissue
11donation in this Commonwealth.

12(ii) Recommend education and awareness training
13programs.

14(iii) Recommend priorities in expenditures from the
15fund.

16(iv) Advise the Secretary of Health on matters
17relating to administration of the fund.

18(v) Recommend legislation as necessary to fulfill
19the purposes of this chapter.

20(5) The advisory committee shall submit a report
21concerning its activities and progress to the Secretary of
22the Senate and the Chief Clerk of the House of
23Representatives by October 31 of each even-numbered year.

24(6) The Department of Health shall reimburse members of
25the advisory committee only for necessary and reasonable
26travel and other expenses incurred in the performance of
27their duties under this subsection.

28(d) Reports.--The Department of Health, the Department of 
29Transportation and the Department of Education shall submit an
30annual report to the General Assembly on expenditures of fund

1moneys and any progress made in [reducing the number of
2potential donors who were not identified] increasing the number 
3of donor designations.

4[(e) Definition.--As used in this section, the term "vital 
5organ" means a heart, lung, liver, kidney, pancreas, small
6bowel, large bowel or stomach for the purpose of
7transplantation.]

8(f) Lead Commonwealth agency.--

9(1) The Department of Health shall be the lead
10Commonwealth agency responsible for promoting organ and
11tissue donation in this Commonwealth and shall coordinate
12activities among other collaborating Commonwealth agencies.

13(2) Within the Department of Health there is established
14a full-time position of Organ and Tissue Donation Awareness
15Program Coordinator.

16(i) The Department of Health shall be reimbursed by
17The Governor Robert P. Casey Memorial Organ and Tissue
18Donation Awareness Trust Fund for the actual cost of the
19program coordinator position.

20(ii) The program coordinator has the following
21powers and duties:

22(A) Assist in administration of the fund.

23(B) Serve as a full-time liaison to the advisory
24committee and assist the advisory committee in
25program development, projects, funding proposals and
26priorities.

27(C) Serve as liaison with other Commonwealth
28agencies. This clause shall include working with the
29Department of Transportation to ensure that driver's
30license centers promote organ and tissue donation and

1comply with agreed-upon arrangements to display
2information and materials.

3(D) Assist designated organ procurement
4organizations in their collaborations with other
5Commonwealth agencies.

6§ 8623. Confidentiality requirement.

7The identity of the donor and of the recipient may not be
8communicated unless expressly authorized by [the recipient and
9next of kin of the decedent.]:

10(1) the recipient; and

11(2) if the donor is alive, the donor, or if the donor is
12deceased, the next of kin of the donor.

13§ 8624. Prohibited activities.

14[(a) Affiliates.--No organ procurement organization selected
15by the Department of Health under section 8617(g) (relating to
16requests for anatomical gifts) to conduct annual death reviews
17may use that review authority or any powers or privileges
18granted thereby to coerce or attempt to coerce a hospital to
19select the organization or any tissue procurement provider
20contractually affiliated with the organization as a designated
21tissue procurement provider under section 8617(e).

22(b) Unfair acts.--No organ procurement organization or
23tissue procurement provider may disparage the services or
24business of other procurement providers by false or misleading
25representations of fact, engage in any other fraudulent conduct
26to influence the selection by a hospital of a qualified tissue
27procurement provider nor engage in unlawful competition or
28discrimination. This subsection is not intended to restrict or
29preclude any organ procurement organization or tissue
30procurement provider from marketing or promoting its services in

1the normal course of business.]

2(a) Procurement organizations.--

3(1) A procurement organization shall not do any of the
4following:

5(i) Disparage the services or business of another
6procurement organization by false or misleading
7representations of fact.

8(ii) Engage in fraudulent conduct to influence the
9selection by a hospital of a tissue bank or eye bank.

10(iii) Engage in unlawful competition or
11discrimination.

12(2) This subsection is not intended to restrict or
13preclude an organ procurement organization from marketing or
14promoting its services in the normal course of business.

15(b) Funeral establishments.--

16(1) Except as set forth in paragraph (2), a funeral
17director or a funeral establishment shall not:

18(i) remove body parts from a corpse;

19(ii) permit others to remove body parts from a
20corpse; or

21(iii) use funeral establishment facilities to remove
22body parts from a corpse.

23(2) Paragraph (1) shall not apply as follows:

24(i) Removal is permissible if it is:

25(A) necessary to perform embalming or other
26services in preparation for burial or cremation; and

27(B) authorized in writing by a family member,
28guardian or other person responsible for disposition
29of the body.

30(ii) Notwithstanding any other provision of law, if

1a donation is authorized under this chapter, a designated
2organ procurement organization and a Pennsylvania
3nonprofit eye bank accredited by the Eye Bank Association
4of America may recover donated ocular tissue, including
5the whole eye, cornea and sclera, and associated blood
6specimens at a funeral establishment.

7(3) If a funeral director is notified by a person
8authorized to make donations under this chapter that the
9person wishes to donate body parts from a corpse within the
10funeral director's custody, the funeral director shall
11immediately notify the organ procurement organization
12designated to serve that region.

13Section 5. Title 20 is amended by adding sections to read:

14§ 8625. Promotion of organ and tissue donation; Donate Life PA
15Registry established.

16(a) Promotion.--The Department of Transportation shall
17ensure access by residents of this Commonwealth to an Internet-
18based interface which promotes organ and tissue donation and
19enables residents 18 years of age or older who hold a
20Pennsylvania driver's license or identification card to register
21as donors and have their decisions immediately integrated into
22the current database maintained by the department. The database
23shall include only affirmative donation decisions.

24(b) Paper form.--

25(1) Within one year of the effective date of this
26section, the department shall establish a system which allows
27individuals who have been issued a driver's license or
28identification card to add their donor designation to the
29Donate Life PA Registry by submitting a form to the
30department.

1(2) Registration shall be provided at no cost to the
2registrant.

3(c) Donate Life PA Registry; name.--The database maintained
4by the department for recording donor designations and Internet-
5based interface established in this section shall be known as
6the Donate Life PA Registry.

7(d) Form and content.--The form and content of the Internet-
8based interface shall be maintained in collaboration with the
9designated organ procurement organizations.

10(e) Effect.--

11(1) Donor information entered into the Donate Life PA
12Registry shall supersede prior conflicting information:

13(i) provided to the Donate Life PA Registry;

14(ii) on the individual's physical driver's license
15or identification card;

16(iii) on an advance health care directive;

17(iv) submitted under section 8611 (relating to
18persons who may execute anatomical gift); or

19(v) submitted under any other statutory provision.

20(2) Registration by a donor shall constitute sufficient
21authorization to donate organs and tissues for
22transplantation and therapy. Authorization of another person
23shall not be necessary to effectuate the anatomical gift.

24(f) Technology.--An information technology system adopted by
25the Department of Transportation after the effective date of
26this section shall continue to accommodate the inclusion of
27donor designation information into the database and the ongoing
28operation of the Donate Life PA Registry.

29§ 8626. Effect of anatomical gift on advance health care
30directive.

1(a) Scope.--This section shall apply if a hospital patient
2who is a prospective donor has executed an advance health care
3directive or otherwise specified by record the circumstances
4under which the patient would want life support withheld or
5withdrawn, and the terms of the advance health care directive or
6other record are in conflict with the option of making an
7anatomical gift by precluding the administration of measures
8necessary to ensure the medical suitability of a part for
9transplantation or therapy.

10(b) Requirements.--If the patient is incapable of resolving
11the conflict, any of the following shall act for the patient to
12resolve the conflict:

13(1) The patient's agent.

14(2) If no agent has been designated by the patient or if
15the agent is not reasonably available, a person authorized by
16law other than this chapter to make decisions on behalf of
17the patient with regard to the patient's health care.

18(c) Resolution.--The parties specified in subsection (b)
19shall seek to resolve the conflict as expeditiously as possible.
20Information relevant to the resolution of the conflict shall be
21obtained from the appropriate organ procurement organization and
22any other person authorized to make an anatomical gift for the
23patient under section 8611 (relating to persons who may execute
24anatomical gift). If the parties cannot resolve the conflict,
25the patient's donor designation or an anatomical gift by a
26person authorized under section 8611 shall control the
27administration of measures necessary to ensure the medical
28suitability of a part for transplantation or therapy.

29(d) Measures.--Measures necessary to ensure the medical
30suitability of the part shall not be withheld or withdrawn from

1the patient prior to resolution of the conflict.

2§ 8627. Facilitation of anatomical gift from decedent whose
3death is under investigation.

4(a) Request by procurement organization.--Organ procurement
5organizations shall in all cases collaborate with the coroner or
6medical examiner to ensure the preservation of forensic evidence
7and collection of photographs and specimens. Notwithstanding the
8provisions set forth in 18 Pa.C.S. Ch. 91 (relating to criminal
9history record information), a coroner or medical examiner
10shall, upon request, release to the organ procurement
11organization the name, contact information and available medical
12and social history of a decedent whose death is under
13investigation. The coroner or medical examiner may permit the
14removal of an anatomical gift authorized under section 8611
15(relating to persons who may execute anatomical gift) from a
16decedent who died under circumstances requiring an
17investigation.

18(b) Collaboration.--If a coroner or medical examiner is
19considering withholding one or more organs of a potential donor
20for any reason, the coroner or medical examiner or his or her
21designee shall, upon request of the organ procurement
22organization, be present during the procedure to remove the
23organs. The coroner or medical examiner or his or her designee
24may request a biopsy of those organs or deny removal of the
25organs if necessary. If the coroner or medical examiner or his
26or her designee denies removal of the organs, the coroner or
27medical examiner shall explain in writing the reasons for
28determining that those organs may be involved in the cause of
29death and the basis for denying recovery of the organ.

30(c) Report.--If requested by the coroner or medical

1examiner, the physician or technician recovering a part under
2this section shall provide a report detailing the condition of
3the part. If appropriate, the report shall include a biopsy,
4photographs or medically approved sample from the part. The
5designated organ procurement organization shall reimburse the
6coroner or medical examiner for the reasonable costs for the
7professional services of the coroner or medical examiner or his
8or her designee associated with attending the recovery.

9§ 8628. Collaboration among departments and organ procurement
10organizations.

11(a) Mandatory.--

12(1) For purposes of the ongoing development and
13implementation of the Donate Life PA Registry, the Department
14of Transportation shall collaborate with the designated organ
15procurement organizations in applying for Federal or private
16grants recommended by the organ procurement organizations.

17(2) The Department of Transportation, in consultation
18with designated organ procurement organizations, shall
19establish an annual education program for employees of the
20Department of Transportation. The program shall focus on:

21(i) benefits associated with organ and tissue
22donations;

23(ii) the scope and operation of the Commonwealth's
24donor program; and

25(iii) how employees can:

26(A) effectively inform the public about the
27donor program; and

28(B) best assist those wishing to participate in
29the donor program, including use of the Donate Life
30PA Registry.

1(b) Discretionary.--Other Commonwealth agencies may
2collaborate with the designated organ procurement organizations
3in applying for Federal or private grants recommended by the
4organ procurement organizations.

5§ 8629. Information relative to organ and tissue donation.

6(a) Curriculum.--The Department of Education, in
7consultation with the designated organ procurement
8organizations, shall review the Commonwealth's educational
9curriculum framework to ensure that information about organ
10donation is included in the standards for students in grades
11nine through 12 beginning with the 2013-2014 school year.

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

13(1) Emphasize the benefits of organ and tissue donation
14to the health and well-being of society generally and to
15individuals whose lives are saved by organ and tissue
16donations so that students will be motivated to make an
17affirmative decision to register as a donor when they become
18adults.

19(2) Fully address myths and misunderstandings regarding
20organ and tissue donation.

21(3) Explain the options available to minors and adults,
22including the option of designating oneself as an organ and
23tissue donor.

24(c) Materials.--The Department of Education shall make
25related instructional materials available to public and
26nonpublic schools educating students in grades nine through 12.
27The General Assembly shall encourage nonpublic schools to use
28the instructional materials. Nothing in this subsection shall be
29construed to require nonpublic schools to use the instructional
30materials.

1(d) Institutions of higher education.--

2(1) Beginning with the 2013-2014 school year, each
3public institution of higher education in this Commonwealth
4shall provide, in collaboration with the designated organ
5procurement organizations, information to its students,
6either through student health services or as part of the
7curriculum, which:

8(i) emphasizes the benefits to the health and well-
9being of society and the lives that are saved through
10organ and tissue donations; and

11(ii) instills knowledge which will enable
12individuals to make informed decisions about registering
13to become an organ and tissue donor.

14(2) Beginning with the 2013-2014 school year, each
15private institution of higher education in this Commonwealth
16is encouraged to provide, in collaboration with the
17designated organ procurement organizations, information to
18its students, either through student health services or as
19part of the curriculum, which:

20(i) emphasizes the benefits to the health and well-
21being of society and the lives that are saved through
22organ and tissue donations; and

23(ii) instills knowledge which will enable
24individuals to make informed decisions about registering
25to become an organ and tissue donor.

26§ 8630. Requirements for physician and nurse training relative
27to organ and tissue donation and recovery.

28(a) Regulations.--The State Board of Medicine, the State
29Board of Osteopathic Medicine and the State Board of Nursing
30shall, in collaboration with the designated organ procurement

1organizations, promulgate regulations stating the following
2requirements for physician and professional nurse training:

3(1) The curriculum in each college of medicine or
4osteopathy or educational program of professional nursing in
5this Commonwealth shall include two hours of instruction in
6organ and tissue donation and recovery designed to address
7clinical aspects of the donation and recovery process.

8(2) Successful completion of organ and tissue donation
9and recovery instruction under paragraph (1) shall be
10required as a condition of receiving the degree of doctor of
11medicine or doctor of osteopathy or a degree in professional
12nursing, in this Commonwealth.

13(3) A college of medicine or osteopathy or nursing
14program which includes instruction in organ and tissue
15donation and recovery under paragraph (1) in its curricula
16shall offer this training for continuing education credit.

17(b) Statement of policy.--The State Board of Medicine, the
18State Board of Osteopathic Medicine and the State Board of
19Nursing shall issue a statement of policy encouraging physicians
20and nurses who, prior to the effective date of this section,
21were not required to receive and did not receive instruction in
22organ and tissue donation and recovery as part of a medical,
23osteopathic or nursing school curriculum to complete the
24training within three years after the effective date of this
25section. The training may be completed through an online,
26credit-based course developed by or for the designated organ
27procurement organizations, in collaboration with representative
28professional medical, osteopathic and nursing organizations in
29this Commonwealth.

30§ 8631. Uniformity of application and construction.

1In applying and construing the provisions of this chapter,
2consideration shall be given to the need to promote uniformity
3of the law with respect to its subject matter among those states
4which enact a uniform act.

5§ 8632. Relation to Electronic Signatures in Global and
6National Commerce Act.

7This chapter modifies, limits and supersedes the Electronic
8Signatures in Global and National Commerce Act (Public Law 106-
9229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify,
10limit or supersede section 101(c) of the Electronic Signatures
11in Global and National Commerce Act or authorize electronic
12delivery of any of the notices described in section 103(b) of
13the Electronic Signatures in Global and National Commerce Act.

14Section 6. Subchapter C of Chapter 86 of Title 20 is
15repealed:

16[SUBCHAPTER C

17CORNEAL TRANSPLANTS

18Sec.

198641. Removal of corneal tissue permitted under certain
20circumstances.

218642. Limitation of liability.

22§ 8641. Removal of corneal tissue permitted under certain
23circumstances.

24(a) General rule.--On a request from an authorized official
25of an eye bank for corneal tissue, a coroner or medical examiner
26may permit the removal of corneal tissue if all of the following
27apply:

28(1) The decedent from whom the tissue is to be removed
29died under circumstances requiring an inquest.

30(2) The coroner or medical examiner has made a

1reasonable effort to contact persons listed in section 8611
2(relating to persons who may execute anatomical gift).

3(3) No objection by a person listed in section 8611 is
4known by the coroner or medical examiner.

5(4) The removal of the corneal tissue will not interfere
6with the subsequent course of an investigation or autopsy or
7alter the decedent's postmortem facial appearance.

8(b) Definition.--As used in this section, the term "eye 
9bank" means a nonprofit corporation chartered under the laws of
10this Commonwealth to obtain, store and distribute donor eyes to
11be used by physicians or surgeons for corneal transplants,
12research or other medical purposes and the medical activities of
13which are directed by a physician or surgeon in this
14Commonwealth.

15§ 8642. Limitation of liability.

16A person who acts in good faith in accordance with the
17provisions of this subchapter shall not be subject to criminal
18or civil liability arising from any action taken under this
19subchapter. The immunity provided by this section shall not
20extend to persons if damages result from the gross negligence,
21recklessness or intentional misconduct of the person.]

22Section 7. This act shall take effect in 60 days.