PRIOR PRINTER'S NO. 4457 PRINTER'S NO. 4693
No. 2883 Session of 2004
INTRODUCED BY J. TAYLOR, OCTOBER 4, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 10, 2004
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 person entitled to letters of administration AND FOR ADVANCE <--
4 DIRECTIVES FOR HEALTH CARE.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3155(b) and (c) SECTIONS 3155(B) AND (C) <--
8 AND 5402(A) of Title 20 of the Pennsylvania Consolidated
9 Statutes are amended to read:
10 § 3155. Persons entitled.
11 * * *
12 (b) Letters of administration.--Letters of administration
13 shall be granted by the register, in such form as the case shall
14 require, to one or more of those hereinafter mentioned and,
15 except for good cause, in the following order:
16 (1) Those entitled to the residuary estate under the
17 will.
18 (2) The surviving spouse.
1 (3) Those entitled under the intestate law as the
2 register, in his discretion, shall judge will best administer
3 the estate, giving preference, however, according to the
4 sizes of the shares of those in this class.
5 (4) The principal creditors of the decedent at the time
6 of his death.
7 (5) Other fit persons.
8 (6) If anyone of the foregoing shall renounce his right
9 to letters of administration, the register, in his
10 discretion, may appoint a nominee of the person so renouncing
11 in preference to the persons set forth in any succeeding
12 paragraph.
13 (7) A guardianship support agency serving as guardian of
14 an incapacitated person who dies during the guardianship
15 administered pursuant to Subchapter F of Chapter 55 (relating
16 to guardianship support).
17 (8) A nonprofit corporation organized for community
18 development purposes.
19 (c) Time limitation.--Except with the consent of those
20 enumerated in [paragraphs] subsection (b)(1), (2) and (3), no
21 letters shall be issued to [those enumerated in paragraphs (4)
22 and (5) of subsection (b)]:
23 (1) Those enumerated in subsection (b)(4) and (5) until
24 seven days after the decedent's death.
25 (2) Those enumerated in subsection (b)(8) until 30 days
26 after the decedent's death.
27 * * *
28 § 5402. LEGISLATIVE FINDINGS AND INTENT. <--
29 (A) FINDINGS.--THE GENERAL ASSEMBLY FINDS THAT ALL COMPETENT
30 ADULTS HAVE A QUALIFIED RIGHT TO CONTROL DECISIONS RELATING TO
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1 THEIR OWN MEDICAL CARE. THIS RIGHT IS SUBJECT TO CERTAIN
2 INTERESTS OF SOCIETY, SUCH AS THE MAINTENANCE OF ETHICAL
3 STANDARDS IN THE MEDICAL PROFESSION AND THE PRESERVATION AND
4 PROTECTION OF HUMAN LIFE. MODERN MEDICAL TECHNOLOGICAL
5 PROCEDURES MAKE POSSIBLE THE PROLONGATION OF HUMAN LIFE BEYOND
6 NATURAL LIMITS. THE APPLICATION OF SOME PROCEDURES TO AN
7 INDIVIDUAL SUFFERING A DIFFICULT AND UNCOMFORTABLE PROCESS OF
8 DYING MAY CAUSE LOSS OF PATIENT DIGNITY AND SECURE ONLY
9 CONTINUATION OF A PRECARIOUS AND BURDENSOME PROLONGATION OF
10 LIFE. A REGISTRY OF ADVANCE HEALTH CARE DIRECTIVES, ACCESSIBLE
11 BY ALL PHYSICIANS, FURTHERS A COMPETENT ADULT'S RIGHT TO CONTROL
12 MEDICAL DECISIONS.
13 * * *
14 SECTION 2. SECTION 5403 OF TITLE 20 IS AMENDED BY ADDING A
15 DEFINITION TO READ:
16 § 5403. 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 * * *
21 "DEPARTMENT." THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
22 * * *
23 SECTION 3. SECTION 5404 OF TITLE 20 IS AMENDED BY ADDING A
24 SUBSECTION TO READ:
25 § 5404. DECLARATION.
26 * * *
27 (E) ADVANCE HEALTH CARE DIRECTIVE REGISTRY.--
28 (1) THE DEPARTMENT SHALL ESTABLISH AN ADVANCE HEALTH
29 CARE DIRECTIVE REGISTRY CONTAINING THE INFORMATION IN ANY
30 DECLARATION SUBMITTED PURSUANT TO PARAGRAPH (2).
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1 (2) A DECLARANT MAY PROVIDE A DECLARATION TO THE
2 DEPARTMENT FOR INCLUSION IN THE ADVANCE HEALTH CARE DIRECTIVE
3 REGISTRY.
4 (3) INFORMATION IN THE REGISTRY SHALL BE MADE AVAILABLE
5 TO ATTENDING PHYSICIANS ON A 24-HOUR BASIS, INCLUDING ACCESS
6 BY ELECTRONIC MEANS.
7 (4) INFORMATION IN THE REGISTRY SHALL BE PROTECTED FROM
8 PUBLIC ACCESS, SHALL ONLY BE ACCESSIBLE TO PHYSICIANS AND
9 SHALL NOT BE SUBJECT TO ACCESS UNDER THE ACT OF JUNE 21, 1957
10 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
11 SECTION 4. SECTIONS 5405 AND 5406(B) OF TITLE 20 ARE AMENDED
12 TO READ:
13 § 5405. WHEN DECLARATION BECOMES OPERATIVE.
14 (A) GENERAL RULE.--A DECLARATION BECOMES OPERATIVE WHEN:
15 (1) A COPY IS:
16 (I) PROVIDED TO THE ATTENDING PHYSICIAN; OR
17 (II) OBTAINED FROM THE REGISTRY ESTABLISHED IN
18 SECTION 5404(E) (RELATING TO DECLARATION); AND
19 (2) THE DECLARANT IS DETERMINED BY THE ATTENDING
20 PHYSICIAN TO BE INCOMPETENT AND IN A TERMINAL CONDITION OR IN
21 A STATE OF PERMANENT UNCONSCIOUSNESS.
22 WHEN THE DECLARATION BECOMES OPERATIVE, THE ATTENDING PHYSICIAN
23 AND OTHER HEALTH CARE PROVIDERS SHALL ACT IN ACCORDANCE WITH ITS
24 PROVISIONS OR COMPLY WITH THE TRANSFER PROVISIONS OF SECTION
25 5409 (RELATING TO UNWILLINGNESS TO COMPLY; TRANSFER OF
26 DECLARANT).
27 (B) DUTY OF ATTENDING PHYSICIAN.--AN ATTENDING PHYSICIAN
28 SHALL MAKE A REASONABLE EFFORT TO DETERMINE IF A PATIENT HAS
29 EXECUTED A DECLARATION. AN ATTENDING PHYSICIAN SHALL BE PRESUMED
30 TO HAVE MADE A REASONABLE EFFORT IF HE HAS CONTACTED THE
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1 REGISTRY ESTABLISHED IN SECTION 5404(E).
2 § 5406. REVOCATION.
3 * * *
4 (B) MEDICAL RECORD.--THE ATTENDING PHYSICIAN OR OTHER HEALTH
5 CARE PROVIDER SHALL MAKE THE REVOCATION A PART OF THE
6 DECLARANT'S MEDICAL RECORD[.] AND SHALL NOTIFY THE DEPARTMENT.
7 UPON NOTIFICATION OF A REVOCATION UNDER THIS SECTION, THE
8 DEPARTMENT SHALL RECORD THE REVOCATION AND REMOVE THE
9 DECLARATION FROM THE REGISTRY ESTABLISHED IN SECTION 5404(E)
10 (RELATING TO DECLARATION).
11 Section 2 5. This act shall take effect in 60 days. <--
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