PRIOR PRINTER'S NO. 653
PRINTER'S NO. 3369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
585
Session of
2015
INTRODUCED BY SABATINA, BARRAR, BISHOP, V. BROWN, BROWNLEE,
CALTAGIRONE, COHEN, D. COSTA, P. COSTA, CRUZ, DeLUCA, FARRY,
FRANKEL, GALLOWAY, GIBBONS, GINGRICH, GODSHALL, GOODMAN,
J. HARRIS, KAVULICH, W. KELLER, KINSEY, KORTZ, MAHONEY,
MATZIE, McCARTER, McNEILL, D. MILLER, MURT, O'BRIEN,
READSHAW, ROZZI, THOMAS, TOOHIL, YOUNGBLOOD, EVERETT,
CARROLL, HARPER, TAYLOR, BRIGGS, DiGIROLAMO, HARHAI, DAVIS,
HARKINS, BOBACK, SIMS, SAMUELSON, BENNINGHOFF, DUSH, ROEBUCK,
LONGIETTI, DRISCOLL AND PHILLIPS-HILL, FEBRUARY 23, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 17, 2016
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, IN ANATOMICAL GIFTS,
further providing for manner of executing anatomical gifts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8613 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 8613. Manner of executing anatomical gifts.
* * *
(g) Rights and protections for certain individuals.--
(1) An individual who is a candidate to receive IN NEED
OF an anatomical gift shall not be deemed ineligible to
receive an anatomical gift solely because of the individual's
physical or mental disability, except to the extent that the
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physical or mental disability has been found by a physician
or surgeon following an individualized evaluation of the
potential recipient INDIVIDUAL to be medically significant to
the provision of the anatomical gift. If an individual has
the necessary support system to assist the individual in
complying with posttransplant medical requirements, an
individual's inability to independently comply with those
requirements shall not be deemed to be medically significant.
The provisions of this subsection shall apply to each part of
the organ transplant process.
(2) The court shall accord priority on its calendar and
expeditiously proceed with an action brought to seek any
remedy authorized by law for purposes of enforcing compliance
with the provisions of this section.
(3) The provisions of this section shall not be deemed
to require referrals or recommendations for, or the
performance of, medically inappropriate organ transplants.
(4) (2) As used in this section, "disability" shall have
the same meaning as in the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
Section 2. This act shall take effect immediately.
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