THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, MYERS, MANN, V. BROWN, CALTAGIRONE, D. COSTA, FABRIZIO, GODSHALL, JOSEPHS, KIRKLAND, KORTZ, LONGIETTI, MURT, M. O'BRIEN, PETRARCA, ROEBUCK AND VULAKOVICH, MAY 25, 2011

REFERRED TO COMMITTEE ON HUMAN SERVICES, MAY 25, 2011  

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, further providing for the

membership of the advisory committee of The Governor Robert

P. Casey Memorial Organ and Tissue Donation Awareness Trust

Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8622 of Title 20 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 8622.  The Governor Robert P. Casey Memorial Organ and Tissue

Donation Awareness Trust Fund.

(a)  Establishment.--All contributions received by the

Department of Transportation under section 8621 (relating to The

Governor Robert P. Casey Memorial Organ and Tissue Donation

Awareness Trust Fund contributions) and the Department of

Revenue under section 8618 (relating to voluntary contribution

system) and the Department of Health under section 8617

(relating to requests for anatomical gifts) shall be deposited

into a special fund in the State Treasury to be known as The

Governor Robert P. Casey Memorial Organ and Tissue Donation

Awareness Trust Fund, which is hereby established.

(b)  Appropriation.--All moneys deposited in the fund and

interest which accrues from those funds are appropriated on a

continuing basis subject to the approval of the Governor to

compensate the Department of Transportation, the Department of

Health and the Department of Revenue for actual costs related to

implementation of this chapter, including all costs of the Organ

Donation Advisory Committee created in subsection (c). Any

remaining funds are appropriated subject to the approval of the

Governor for the following purposes:

(1)  10% of the total fund may be expended annually by

the Department of Health for reasonable hospital and other

medical expenses, funeral expenses and incidental expenses

incurred by the donor or donor's family in connection with

making a vital organ donation. Such expenditures shall not

exceed $3,000 per donor and shall only be made directly to

the funeral home, hospital or other service provider related

to the donation. No part of the fund shall be transferred

directly to the donor's family, next of kin or estate. The

advisory committee shall develop procedures, including the

development of a pilot program, necessary for effectuating

the purposes of this paragraph.

(2)  50% may be expended for grants to certified organ

procurement organizations for the development and

implementation of organ donation awareness programs in this

Commonwealth. The Department of Health shall develop and

administer this grant program, which is hereby established.

(3)  15% may be expended by the Department of Health, in

cooperation with certified organ procurement organizations,

for the Project-Make-A-Choice program, which shall include

information pamphlets designed by the Department of Health

relating to organ donor awareness and the laws regarding

organ donation, public information and public education about

contributing to the fund when obtaining or renewing a

driver's license and when completing a State individual

income tax return form.

(4)  25% may be expended by the Department of Education

for the implementation of organ donation awareness programs

in the secondary schools in this Commonwealth.

(c)  Advisory committee.--The Organ Donation Advisory

Committee is hereby established, with membership as follows:

(1)  Two representatives of organ procurement

organizations.

(2)  Two representatives of tissue procurement providers.

(3)  Six members representative of organ, tissue and eye

recipients, families of recipients and families of donors.

(4)  Three representatives of acute care hospitals.

(5)  One representative of the Department of Health.

(6)  One representative of eye banks.

(7)  One representative of federally qualified community

health centers.

(8)  One representative of the Department of

Transportation.

All members shall be appointed by the Governor. Appointments

shall be made in a manner that provides representation of the

northwest, north central, northeast, southwest, south central

and southeast regions of this Commonwealth. Members shall serve

five-year terms. The Governor may reappoint advisory committee

members for successive terms. Members of the advisory committee

shall remain in office until a successor is appointed and

qualified. If vacancies occur prior to completion of a term, the

Governor shall appoint another member in accordance with this

subsection to fill the unexpired term. The advisory committee

shall meet at least biannually to review progress in the area of

organ and tissue donation in this Commonwealth, recommend

education and awareness training programs, recommend priorities

in expenditures from the fund and advise the Secretary of Health

on matters relating to administration of the fund. The advisory

committee shall recommend legislation as it deems necessary to

fulfill the purposes of this chapter. The advisory committee

shall submit a report concerning its activities and progress to

the General Assembly within 30 days prior to the expiration of

each legislative session. The Department of Health shall

reimburse members of the advisory committee for all necessary

and reasonable travel and other expenses incurred in the

performance of their duties under this section.

(d)  Reports.--The Department of Health and the Department of

Education shall submit an annual report to the General Assembly

on expenditures of fund moneys and any progress made in reducing

the number of potential donors who were not identified.

(e)  Definition.--As used in this section, the term "vital

organ" means a heart, lung, liver, kidney, pancreas, small

bowel, large bowel or stomach for the purpose of

transplantation.

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