S0180B1532A06856 MSP:NLG 04/17/18 #90 A06856
AMENDMENTS TO SENATE BILL NO. 180 (As amended by A06502)
Sponsor: REPRESENTATIVE PETRARCA
Printer's No. 1532
Amend Bill, page 3, lines 2 through 14 (A06502), by striking
out all of said lines and inserting
Amend Bill, page 115, lines 22 through 30; page 116, lines 1
through 29; by striking out all of said lines on said pages and
inserting
§ 8626. Facilitation of anatomical gift from decedent whose
death is under investigation.
(a) Applicability of section.--This section shall apply in
all cases when the coroner or medical examiner must determine
the cause of death and whether the death may have resulted from
criminal acts or criminal neglect.
(b) Protocol.--
(1) Coordination shall be as follows:
(i) Upon identification of a prospective donor, the
designated organ procurement organization shall, within a
reasonable time, notify the coroner or medical examiner
of the county in which the prospective donor is located.
(ii) Upon notification under subparagraph (i), a
coroner or medical examiner intending to investigate the
death of a prospective donor shall, to the extent
applicable and reasonable under the circumstances:
(A) Notify the coroner or medical examiner of
the county in which the cause precipitating the death
of the prospective donor is believed to have
occurred, and the coroner or medical examiner shall
notify the district attorney of the county in
accordance with internal county protocols.
(B) Notify the applicable organ procurement
organization of any change in jurisdiction.
(iii) An organ procurement organization shall in all
cases cooperate with the coroner or medical examiner in
order to facilitate the preservation and collection of
forensic evidence. An organ procurement organization
shall not move or cause to be moved a prospective donor
without authorization of the coroner or medical examiner
having jurisdiction. Upon request, an organ procurement
organization shall provide or assist the coroner or
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medical examiner in obtaining:
(A) Medical records.
(B) Photographs.
(C) Specimens, including blood and tissue.
(D) Laboratory and diagnostic test results.
(E) Any other available information.
(iv) If applicable, the coroner or medical examiner
shall timely notify the organ procurement organization of
any additional requests from the coroner, medical
examiner or district attorney of the county where the
cause of death is believed to have occurred, including
scheduling the recovery procedure to permit attendance of
the organ procurement organization where the scheduling
can be done in a time frame consistent with facilitating
anatomical donation.
(v) Notwithstanding the provisions of 18 Pa.C.S. Ch.
91 (relating to criminal history record information), a
coroner or medical examiner shall, upon request, release
to the organ procurement organization the name, contact
information and available medical and social history of a
decedent whose death is under investigation. The
information provided under this subparagraph shall be
exempt from the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(2) If a coroner or medical examiner has jurisdiction in
the case of a prospective organ donor, the coroner or medical
examiner shall have the final authority to disallow an
anatomical gift and the following shall apply:
(i) Where a prospective donor or their next of kin
has authorized a donation via a will, advanced medical
directive, driver's license designation or other legal
means, if the coroner or medical examiner is considering
denying recovery of one or more organs intended for
transplant or therapy, the coroner or medical examiner
shall notify the applicable organ procurement
organization.
(ii) The coroner or medical examiner and the
applicable organ procurement organization shall seek to
agree to limitations to the donation that address the
investigative needs of the coroner or medical examiner.
(iii) If the coroner or medical examiner is
considering a complete denial of all organs intended for
transplant or therapy, the following shall apply:
(A) The coroner, medical examiner or a qualified
designee, such as a forensic pathologist, shall
attend a meeting at the hospital coordinated by the
organ procurement organization with the appropriate
clinical team members made available by the organ
procurement organization to review the case and
available testing and diagnostic information.
(B) The organ procurement organization shall use
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the organization's best efforts to schedule the
meeting under clause (A) at the time reasonably
requested by the coroner or medical examiner.
(C) If after reviewing the case, the coroner or
medical examiner or a designee of the coroner or
medical examiner in attendance still intends to make
a complete denial of recovery, the coroner or medical
examiner or the designee of the coroner or medical
examiner shall attend the recovery procedure to
visualize the organs before withholding organs
intended for transplant or therapy.
(D) The coroner, medical examiner or the
designee of the coroner or medical examiner in
attendance may deny removal of an organ only based on
accepted forensic standards related to the
determination of the cause, manner and mechanism of
death of the donor and the impact of organ removal on
the donor.
(E) If the coroner, medical examiner or the
designee of the coroner or medical examiner denies
removal of an organ, the coroner or medical examiner
shall provide the designated organ procurement
organization a written explanation of the reason for
determining that the removal of the organ may
interfere with or impede the investigation of the
cause, manner and mechanism of death. Information
provided under this clause shall be exempt from the
Right-to-Know Law.
(F) Removal of an organ may not occur if the
coroner or medical examiner or the designee of the
coroner or medical examiner has denied removal of
that organ in accordance with this section.
(G) The applicable organ procurement
organization shall reimburse the coroner or medical
examiner for the reasonable costs of attendance at
the recovery procedure.
(3) If requested by the coroner, medical examiner or
district attorney, the physician recovering an organ under
this section shall provide a report and, if necessary, be
available to provide testimony in any proceeding, detailing
the condition of the organ and the recovery procedure.
Reasonable costs associated with a physician or technician
providing testimony under this section shall be paid by the
designated organ procurement organization. A report prepared
under this subsection shall be exempt from the Right-to-Know
Law.
(4) The requirements of this section shall be performed
in a manner and time frame consistent with anatomical
donation.
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