AN ACT

 

1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for the
3membership of the advisory committee of The Governor Robert
4P. Casey Memorial Organ and Tissue Donation Awareness Trust
5Fund.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 8622 of Title 20 of the Pennsylvania
9Consolidated Statutes is amended to read:

10§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
11Donation Awareness Trust Fund.

12(a) Establishment.--All contributions received by the
13Department of Transportation under section 8621 (relating to The
14Governor Robert P. Casey Memorial Organ and Tissue Donation
15Awareness Trust Fund contributions) and the Department of
16Revenue under section 8618 (relating to voluntary contribution
17system) and the Department of Health under section 8617
18(relating to requests for anatomical gifts) shall be deposited
19into a special fund in the State Treasury to be known as The

1Governor Robert P. Casey Memorial Organ and Tissue Donation
2Awareness Trust Fund, which is hereby established.

3(b) Appropriation.--All moneys deposited in the fund and
4interest which accrues from those funds are appropriated on a
5continuing basis subject to the approval of the Governor to
6compensate the Department of Transportation, the Department of
7Health and the Department of Revenue for actual costs related to
8implementation of this chapter, including all costs of the Organ
9Donation Advisory Committee created in subsection (c). Any
10remaining funds are appropriated subject to the approval of the
11Governor for the following purposes:

12(1) 10% of the total fund may be expended annually by
13the Department of Health for reasonable hospital and other
14medical expenses, funeral expenses and incidental expenses
15incurred by the donor or donor's family in connection with
16making a vital organ donation. Such expenditures shall not
17exceed $3,000 per donor and shall only be made directly to
18the funeral home, hospital or other service provider related
19to the donation. No part of the fund shall be transferred
20directly to the donor's family, next of kin or estate. The
21advisory committee shall develop procedures, including the
22development of a pilot program, necessary for effectuating
23the purposes of this paragraph.

24(2) 50% may be expended for grants to certified organ
25procurement organizations for the development and
26implementation of organ donation awareness programs in this
27Commonwealth. The Department of Health shall develop and
28administer this grant program, which is hereby established.

29(3) 15% may be expended by the Department of Health, in
30cooperation with certified organ procurement organizations,

1for the Project-Make-A-Choice program, which shall include
2information pamphlets designed by the Department of Health
3relating to organ donor awareness and the laws regarding
4organ donation, public information and public education about
5contributing to the fund when obtaining or renewing a
6driver's license and when completing a State individual
7income tax return form.

8(4) 25% may be expended by the Department of Education
9for the implementation of organ donation awareness programs
10in the secondary schools in this Commonwealth.

11(c) Advisory committee.--The Organ Donation Advisory
12Committee is hereby established, with membership as follows:

13(1) Two representatives of organ procurement
14organizations.

15(2) Two representatives of tissue procurement providers.

16(3) Six members representative of organ, tissue and eye
17recipients, families of recipients and families of donors.

18(4) Three representatives of acute care hospitals.

19(5) One representative of the Department of Health.

20(6) One representative of eye banks.

21(7) One representative of federally qualified community
22health centers.

23(8) One representative of the Department of
24Transportation.

25All members shall be appointed by the Governor. Appointments
26shall be made in a manner that provides representation of the
27northwest, north central, northeast, southwest, south central
28and southeast regions of this Commonwealth. Members shall serve
29five-year terms. The Governor may reappoint advisory committee
30members for successive terms. Members of the advisory committee

1shall remain in office until a successor is appointed and
2qualified. If vacancies occur prior to completion of a term, the
3Governor shall appoint another member in accordance with this
4subsection to fill the unexpired term. The advisory committee
5shall meet at least biannually to review progress in the area of
6organ and tissue donation in this Commonwealth, recommend
7education and awareness training programs, recommend priorities
8in expenditures from the fund and advise the Secretary of Health
9on matters relating to administration of the fund. The advisory
10committee shall recommend legislation as it deems necessary to
11fulfill the purposes of this chapter. The advisory committee
12shall submit a report concerning its activities and progress to
13the General Assembly within 30 days prior to the expiration of
14each legislative session. The Department of Health shall
15reimburse members of the advisory committee for all necessary
16and reasonable travel and other expenses incurred in the
17performance of their duties under this section.

18(d) Reports.--The Department of Health and the Department of
19Education shall submit an annual report to the General Assembly
20on expenditures of fund moneys and any progress made in reducing
21the number of potential donors who were not identified.

22(e) Definition.--As used in this section, the term "vital 
23organ" means a heart, lung, liver, kidney, pancreas, small 
24bowel, large bowel or stomach for the purpose of 
25transplantation.

26Section 2. This act shall take effect in 60 days.