1Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2Pennsylvania Consolidated Statutes, further providing for
3definitions, for prospective donors, for prospective donees,
4for procedure, for amendment or revocation, for rights and
5duties at death, for requests, for identification and
6authorization, for the Governor Robert P. Casey Memorial
7Organ and Tissue Donation Awareness Trust Fund, for
8confidentiality and for prohibitions; providing for promotion
9of donations through a registry, for effect on advance health
10care directive, for facilitation of gifts during
11investigation, for collaboration, for information, for
12physician and nurse training, for uniformity and for
13electronic signatures; and further providing for corneal
14transplants.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. The definitions of "advisory committee," "bank or
18storage facility," "decedent" and "organ procurement
19organization" in section 8601 of Title 20 of the Pennsylvania
20Consolidated Statutes are amended and the section is amended by
21adding definitions to read:

22§ 8601. Definitions.

1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4* * *

5"Adult." An individual who is at least 18 years of age.

6"Advance health care directive." As defined in section 5422
7(relating to definitions).

8"Advisory committee." The Organ and Tissue Donation Advisory
9Committee established under section 8622 (relating to The
10Governor Robert P. Casey Memorial Organ and Tissue Donation
11Awareness Trust Fund).

12"Agent." Any of the following:

13(1) An individual authorized to make health care
14decisions on another's behalf under Subchapter C of Chapter
1554 (relating to health care agents and representatives).

16(2) An individual expressly authorized to make an
17anatomical gift on another's behalf by any other record
18signed by the individual giving the authorization.

19"Anatomical gift." A donation of all or part of a human body
20to take effect after the donor's death for the purpose of
21transplantation, therapy, research or education.

22["Bank or storage facility." A facility licensed, accredited
23or approved under the laws of any state for storage of human
24bodies or parts thereof.]

25* * *

26"Decedent." [A deceased individual, including a stillborn
27infant or fetus.] A deceased individual whose body or part is or 
28may be the source of an anatomical gift. The term includes a 
29stillborn infant and, subject to restrictions imposed by other 
30laws, a fetus. The term does not include a blastocyst, embryo or
 

1fetus that is the subject of an induced abortion.

2"Document of gift." A donor card or other record used to
3make, amend or revoke an anatomical gift. The term includes a
4statement or symbol on a driver's license or identification card
5or in a donor registry.

6"Donate Life PA Registry." <-The registry established in
7section 8625 (relating to promotion of organ and tissue
8donation; Donate Life PA Registry established). <-That subset of
9persons in the Department of Transportation's driver's license
10and photo identification card database who have elected to
11include the donor designation on their record. This term shall
12not refer to a separate database.

13* * *

14"Donor registry." A database which contains records of
15anatomical gifts. The term includes the Donate Life PA Registry.

16"Eye bank." A person that is licensed, accredited or
17regulated under Federal or State law to engage in the recovery,
18screening, testing, processing, storage or distribution of human
19eyes or portions of human eyes.

20* * *

21"Hospital administrator." Any individual appointed by a
22hospital's governing body to act on its behalf in the overall
23management of the hospital. The term includes a designee of the
24individual.

25"Know." To have actual knowledge. When the word "known" is
26used as an adjective to modify a term, the meaning is that there
27is actual knowledge about the modified term.

28"Minor." An individual who is under 18 years of age.

29"Organ procurement organization." An organization [that
30meets the requirements of section 371 of the Public Health

1Service Act (58 Stat. 682, 42 U.S.C. § 273)] designated for the 
2region by the Secretary of Health and Human Services as an organ 
3procurement organization.

4* * *

5"Person authorized or obligated to dispose of a decedent's
6body." Any of the following, without regard to order of
7priority:

8(1) A coroner or medical examiner having jurisdiction
9over the decedent's body.

10(2) A warden or director of a correctional facility
11where the decedent was incarcerated.

12(3) An administrator or <-authorized official of a social
13service agency having a relationship with the decedent.

14(4) An individual or official of an entity that:

15(i) is authorized to make decisions with respect to
16the disposition, transportation, transfer, burial or
17cremation of a decedent;

18(ii) is under an obligation to make decisions with
19respect to the disposition, transportation, transfer,
20burial or cremation of a decedent; or

21(iii) voluntarily assumes responsibility for
22decisions with respect to the disposition,
23transportation, transfer, burial or cremation of a
24decedent.

25* * *

26"Program coordinator." The Organ and Tissue Donation
27Awareness Program Coordinator established in section 8622
28(relating to The Governor Robert P. Casey Memorial Organ and
29Tissue Donation Awareness Trust Fund).

30"Prospective donor." A person who is dead or whose death is

1imminent and has been determined by an organ procurement
2organization to have a part that could be medically suitable for
3transplantation, therapy, research or education.

4"Reasonably available." Able to be contacted by a
5procurement organization <-without undue with reasonable effort
6and willing and able to act in a timely manner consistent with
7existing medical criteria necessary to make an anatomical gift.

8"Recipient." An individual into whose body a decedent's part
9has been or is intended to be transplanted.

10"Record." Information that is inscribed on a tangible medium
11or that is stored in an electronic or other medium and is
12retrievable in perceivable form.

13* * *

14"Tissue bank." A person that is licensed, accredited or
15regulated under Federal or State law to engage in the recovery,
16screening, testing, processing, storage or distribution of
17tissue.

18* * *

19Section 2. Sections 8611(a), (b) and (c) of Title 20 are
20amended <-and the section is amended by adding a subsection to
21read:

22§ 8611. Persons who may execute anatomical gift.

23(a) General rule.--Any individual of sound mind and 18 years
24of age or more may give all or any part of his body for any
25purpose specified in section 8612 (relating to persons who may
26become donees; purposes for which anatomical gifts may be made),
27the gift to take effect upon death. [Any] An agent [acting under
28a power of attorney which authorizes the agent to make
29anatomical gifts] may effectuate a gift for any purpose
30specified in section 8612. Any individual who is a minor and 16

1years of age or older may effectuate a gift for any purpose
2specified in section 8612, provided parental or guardian consent
3is deemed given. Parental or guardian consent shall be noted on
4the minor's donor card, application for the donor's learner's
5permit or driver's license or other document of gift. A gift of
6the whole body shall be invalid unless made in writing at least
715 days prior to the date of death or consent is obtained from
8the legal next of kin. Where there are adult children of the
9deceased who are not children of the surviving spouse, their
10consent shall also be required for a gift of the whole body for
11anatomical study.

12(b) [Others entitled] Entitled to donate anatomy of
13decedent.--Any of the following persons who are reasonably 
14available, in order of priority stated, when persons in prior
15classes are not reasonably available at the time of death, and
16in the absence of [actual notice of contrary indications] known 
17objections by the decedent or [actual notice of opposition] by a
18member of [the same or] a prior class, may give all or any part
19of the decedent's body for any purpose specified in section
208612:

21[(1) The spouse.

22(2) An adult son or daughter.

23(3) Either parent.

24(4) An adult brother or sister.

25(5) A guardian of the person of the decedent at the time
26of his death.

27(6) Any other person authorized or under obligation to
28dispose of the body.]

29(1) An agent of the decedent at the time of death who
30could have made an anatomical gift under subsection (a).

1(2) The spouse of the decedent.

2(3) An adult child of the decedent.

3(4) A parent of the decedent.

4(5) An adult sibling of the decedent.

5(6) A guardian of the person of the decedent.

6(7) An adult <-who is related to the decedent by blood,
7marriage or adoption, including a stepparent, stepchild or
8stepsibling. <-grandchild of the decedent.

9(8) A grandparent of the decedent.

<-10(8) (9) A person that exhibited special care and concern
11for the decedent.

<-12(9) (10) A hospital administrator.

<-13(10) (11) A person authorized or obligated to dispose of
14the decedent's body.

<-15(b.1) Required to donate anatomy of decedent.--Unless there
16is a known objection by the decedent, a hospital administrator
17shall give all or part of the decedent's body for any purpose
18specified in section 8612.

19(c) Donee not to accept in certain cases.--[If the]

20(1) The donee may not accept a gift under any of the
21following circumstances:

22(i) The donee [has actual notice of contrary
23indications] knows of an objection by the decedent [or].

24(ii) The donee knows that a gift by a member of a
25class is opposed by a reasonably available member of [the
26same or] a prior class[, the donee shall not accept the
27gift].

28(iii) The donee knows that a gift by a member of a
29class is opposed by at least 50% of the reasonably
30available members of the same class.

1(2) The persons authorized by subsection (b) may make
2the gift after or immediately before death.

3* * *

4Section 2.1. Section 8612 of Title 20 is amended to read:

5§ 8612. Persons who may become donees; purposes for which
6anatomical gifts may be made.

7[The following persons may become donees of gifts of bodies
8or parts thereof for any of the purposes stated:

9(1) Any hospital, surgeon or physician for medical or
10dental education, research, advancement of medical or dental
11science, therapy or transplantation.

12(2) Any accredited medical or dental school, college or
13university for education, research, advancement of medical or
14dental science or therapy.

15(3) Any bank or storage facility for medical or dental
16education, research, advancement of medical or dental
17science, therapy or transplantation.

18(4) Any specified individual for therapy or
19transplantation needed by him.

20(5) The board.]

21(a) Donees.--An anatomical gift may be made to any of the
22following persons named in the document of gift:

23(1) If for research or education, any of the following:

24(i) A hospital.

25(ii) An accredited medical school, dental school,
26college or university.

27(iii) The board.

28(iv) An organ procurement organization.

29(v) Any other appropriate person as <-authorized
<-30permitted by law.

1(2) Subject to subsection (b), an individual designated
2by the person making the anatomical gift if the individual is
3the recipient of the part.

4(3) An eye bank or tissue bank.

5(4) An organ procurement organization.

6(b) Directed donation.--If an anatomical gift to an
7individual under subsection (a)(2) cannot be transplanted into
8the individual, the part shall pass in accordance with
9subsection (c) in the absence of a known objection by the person
10making the anatomical gift.

11(c) Organ for transplant or therapy.--An anatomical gift of
12an organ for transplantation or therapy, other than an
13anatomical gift under subsection (a)(2), shall pass to the organ
14procurement organization.

15(d) Default.--If the intended purpose or recipient of an
16anatomical gift is not known, the following shall apply:

17(1) If the part is an eye, the gift shall pass to the
18appropriate eye bank.

19(2) If the part is tissue, the gift shall pass to the
20appropriate tissue bank.

21(3) If the part is an organ, the gift shall pass to the
22appropriate organ procurement organization.

23(4) If the gift is of the decedent's entire body, the
24gift shall pass to the board.

25(e) Multiple purposes.--If there is more than one purpose of
26an anatomical gift set forth in the document of gift but the
27purposes are not set forth in any priority, the gift shall be
28used for transplantation or therapy, if suitable <-and enumerated
29in the document of gift, and shall pass to the appropriate organ
30procurement organization. If the gift cannot be used for

1transplantation or therapy, the gift may be used for <-research or
2education <-other lawful purposes enumerated in the document of
3gift.

4(f) Unspecified purpose.--If an anatomical gift is made in a
5document of gift that does not name a person described in
6subsection (a) and does not identify the purpose of the gift,
7the gift may be used only for transplantation or therapy, and
8the gift shall pass in accordance with subsection (d).

<-9(g) Effect of gift.--An anatomical gift of a part is neither
10a refusal to give another part nor a limitation on the making of
11an anatomical gift of another part or making an anatomical gift
12for another purpose at a later time by the donor or another
13person.

14Section 2.2. Section 8613(b), (d) and (e) of Title 20 are
15amended and the section is amended by adding subsections to
16read:

17§ 8613. Manner of executing anatomical gifts.

18* * *

19(b) Gifts by other documents.--[A gift of all or part of the
20body under section 8611(a) may also be made by document other
21than a will.] An anatomical gift may be made by other document, 
22including by authorizing a statement or symbol indicating that 
23the donor has made an anatomical gift, which shall be recorded 
24in a donor registry or on the donor's driver's license or 
25identification card. The gift becomes effective upon the death
26of the donor. The document, which may be a card designed to be
27carried on the person, must be signed by the donor [in the
28presence of two witnesses who must sign the document in his
29presence]. If the donor is mentally competent to signify his
30desire to sign the document but is physically unable to do so,

1the document may be signed for him by another at his direction
2and in his presence in the presence of two witnesses who must
3sign the document in his presence. Delivery of the document of
4gift during the donor's lifetime is not necessary to make the
5gift valid. If an anatomical gift is indicated on a driver's 
6license or an identification card, the anatomical gift is not 
7invalidated by revocation, suspension, expiration or 
8cancellation of:

9(1) the driver's license under 75 Pa.C.S. Ch. 15
10(relating to licensing of drivers); or

11(2) the identification card by the Department of
12Transportation.

13* * *

14[(d) Designation of person to carry out procedures.--
15Notwithstanding section 8616(b) (relating to rights and duties
16at death), the donor may designate in his will, card or other
17document of gift the surgeon or physician to carry out the
18appropriate procedures. In the absence of a designation or if
19the designee is not available, the donee or other person
20authorized to accept the gift may employ or authorize any
21surgeon or physician for the purpose, or, in the case of a gift
22of eyes, he may employ or authorize a person who is a funeral
23director licensed by the State Board of Funeral Directors, an
24eye bank technician or medical student, if the person has
25successfully completed a course in eye enucleation approved by
26the State Board of Medical Education and Licensure, or an eye
27bank technician or medical student trained under a program in
28the sterile technique for eye enucleation approved by the State
29Board of Medical Education and Licensure to enucleate eyes for
30an eye bank for the gift after certification of death by a

1physician. A qualified funeral director, eye bank technician or
2medical student acting in accordance with the terms of this
3subsection shall not have any liability, civil or criminal, for
4the eye enucleation.]

5(d.1) Reliance.--A person may rely on a document of gift or
6amendment thereto as being valid unless that person knows that
7it was not validly executed or was revoked.

8(e) Consent not necessary.--[If a donor card, donor driver's
9license, living will, durable power of attorney or other
10document of gift evidencing a gift of organs or tissue has been
11executed,] A donor's gift of all or any part of the individual's 
12body, including a designation <-in a registry on a driver's 
13license or identification card, donor card, advance health care 
14directive, will or other document of gift, may not be revoked by 
15the next-of-kin or other persons identified in section 8611(b). 
16The consent of any person [designated in section 8611(b)] at the
17time of the donor's death or immediately thereafter is not
18necessary to render the gift valid and effective.

19* * *

20(g) Validity.--A document of gift is valid if executed in
21accordance with:

22(1) this chapter;

23(2) the law of the state or country where it was
24executed; or

25(3) the law of the state or country where, at the time
26of execution of the document of gift, the person making the
27anatomical gift:

28(i) is domiciled;

29(ii) has a place of residence; or

30(iii) is a citizen.

1(h) Choice of law.--If a document of gift is valid under
2this section, the law of this Commonwealth governs
3interpretation of the document.

4(i) Refusals.--An individual may refuse to make an<-
5anatomical gift of the individual's body or part by a writing or
6record signed in the same manner as a document of gift or any
7other writing or record used to identify the individual as
8refusing to make an anatomical gift. An individual's unrevoked
9refusal to make an anatomical gift of the individual's body or
10part bars all other persons from making an anatomical gift of
11the individual's body or part.

12Section 3. Section 8615 of Title 20 is amended by adding
13subsections to read:

14§ 8615. Amendment or revocation of gift.

15* * *

16(d) Effectiveness of revocation.--A revocation made under
17this chapter shall take effect if, before an incision has been
18made to remove a part from the donor's body or before invasive
19procedures have begun to prepare the recipient, the applicable
20organ procurement organization, transplant hospital or physician
21or technician knows of the revocation.

22(e) Revocation not a refusal.--A revocation made under this
23chapter shall <-be effective if the applicable organ procurement
24organization, tissue bank, eye bank or transplant hospital knows
25of, and can reasonably communicate, the revocation to the
26involved physicians or technicians before an incision has been
27made to remove a part from the donor's body or before invasive
28procedures have begun to prepare the recipient. <-not be
29considered a known objection or refusal to make a gift of one's
30body or a part of one's body nor a prohibition against a person

1described in section 8611(b) (relating to persons who may
2execute anatomical gift) making such gift.

3Section 4. Sections 8616(b), (c) and (d), 8617, 8619, 8621,
48622, 8623 and 8624 of Title 20 are amended to read:

5§ 8616. Rights and duties at death.

6* * *

7(b) Physicians.--The time of death shall be determined by a
8physician who tends the donor at his death or, if none, the
9physician who certifies the death. [The physician or person who
10certifies death or any of his professional partners or
11associates shall not participate in the procedures for removing
12or transplanting a part.]

13(c) Certain liability limited.--A person who acts in good
14faith in accordance with the terms of this subchapter or with
15the anatomical gift laws of another state or a foreign country
16is not liable for damages in any civil action or subject to
17prosecution in any criminal proceeding for his act. Neither a 
18person making an anatomical gift nor a donor's estate shall be 
19liable for injury or damage which results from the making or use 
20of the anatomical gift. In determining whether an anatomical 
21gift has been made, amended or revoked under this chapter, a 
22person may rely upon representations of an individual listed in 
23section 8611(b) relating to the individual's relationship to the 
24donor or prospective donor unless the person knows that the 
25representation is untrue.

26(d) Law on autopsies applicable.--The provisions of this
27subchapter are subject to the laws of this Commonwealth
28prescribing powers and duties with respect to autopsies.
29Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history 
30record information), an organ procurement organization is
 

1authorized to obtain a copy of an autopsy report in a timely 
2fashion upon request and payment of reasonable copying fees.

3§ 8617. Requests for anatomical gifts.

4[(a) Procedure.--On or before the occurrence of each death
5in an acute care general hospital, the hospital shall make
6contact with the regional organ procurement organization in
7order to determine the suitability for organ, tissue and eye
8donation for any purpose specified under this subchapter. This
9contact and the disposition shall be noted on the patient's
10medical record.

11(b) Limitation.--If the hospital administrator or his
12designee has received actual notice of opposition from any of
13the persons named in section 8611(b) (relating to persons who
14may execute anatomical gift) and the decedent was not in
15possession of a validly executed donor card, the gift of all or
16any part of the decedent's body shall not be requested.

17(c) Donor card.--Notwithstanding any provision of law to the
18contrary, the intent of a decedent to participate in an organ
19donor program as evidenced by the possession of a validly
20executed donor card, donor driver's license, living will,
21durable power of attorney or other document of gift shall not be
22revoked by any member of any of the classes specified in section
238611(b).

24(d) Identification of potential donors.--Each acute care
25general hospital shall develop within one year of the date of
26final enactment of this section, with the concurrence of the
27hospital medical staff, a protocol for identifying potential
28organ and tissue donors. It shall require that, at or near the
29time of every individual death, all acute care general hospitals
30contact by telephone their regional organ procurement

1organization to determine suitability for organ, tissue and eye
2donation of the individual in question. The person designated by
3the acute care general hospital to contact the organ procurement
4organization shall have the following information available
5prior to making the contact:

6(1) The patient's identifier number.

7(2) The patient's age.

8(3) The cause of death.

9(4) Any past medical history available.

10The organ procurement organization, in consultation with the
11patient's attending physician or his designee, shall determine
12the suitability for donation. If the organ procurement
13organization in consultation with the patient's attending
14physician or his designee determines that donation is not
15appropriate based on established medical criteria, this shall be
16noted by hospital personnel on the patient's record, and no
17further action is necessary. If the organ procurement
18organization in consultation with the patient's attending
19physician or his designee determines that the patient is a
20suitable candidate for anatomical donation, the acute care
21general hospital shall initiate a request by informing the
22persons and following the procedure designated under section
238611(b) of the option to donate organs, tissues or eyes. The
24person initiating the request shall be an organ procurement
25organization representative or a designated requestor. The organ
26procurement organization representative or designated requestor
27shall ask persons pursuant to section 8611(b) whether the
28deceased was an organ donor. If the person designated under
29section 8611(b) does not know, then this person shall be
30informed of the option to donate organs and tissues. The

1protocol shall encourage discretion and sensitivity to family
2circumstances in all discussions regarding donations of tissue
3or organs. The protocol shall take into account the deceased
4individual's religious beliefs or nonsuitability for organ and
5tissue donation.

6(e) Tissue procurement.--

7(1) The first priority use for all tissue shall be
8transplantation.

9(2) Upon Department of Health approval of guidelines
10pursuant to subsection (f)(1)(ii), all acute care general
11hospitals shall select at least one tissue procurement
12provider. A hospital shall notify the regional organ
13procurement organization of its choice of tissue procurement
14providers. If a hospital chooses more than one tissue
15procurement provider, it may specify a rotation of referrals
16by the organ procurement organization to the designated
17tissue procurement providers.

18(3) Until the Department of Health has approved
19guidelines pursuant to subsection (f)(1)(ii), tissue
20referrals at each hospital shall be rotated in a proportion
21equal to the average rate of donors recovered among the
22tissue procurement providers at that hospital during the two-
23year period ending August 31, 1994.

24(4) The regional organ procurement organization, with
25the assistance of tissue procurement providers, shall submit
26an annual report to the General Assembly on the following:

27(i) The number of tissue donors.

28(ii) The number of tissue procurements for
29transplantation.

30(iii) The number of tissue procurements recovered

1for research by each tissue procurement provider
2operating in this Commonwealth.

3(f) Guidelines.--

4(1) The Department of Health, in consultation with organ
5procurement organizations, tissue procurement providers and
6the Hospital Association of Pennsylvania, donor recipients
7and family appointed pursuant to section 8622(c)(3) (relating
8to The Governor Robert P. Casey Memorial Organ and Tissue
9Donation Awareness Trust Fund) shall, within six months of
10the effective date of this chapter, do all of the following:

11(i) Establish guidelines regarding efficient
12procedures facilitating the delivery of anatomical gift
13donations from receiving hospitals to procurement
14providers.

15(ii) Develop guidelines to assist hospitals in the
16selection and designation of tissue procurement
17providers.

18(2) Each organ procurement organization and each tissue
19procurement provider operating within this Commonwealth
20shall, within six months of the effective date of this
21chapter, file with the Department of Health, for public
22review, its operating protocols.]

23(a) Procedure.--

24(1) A hospital located in this Commonwealth shall notify
25the applicable designated organ procurement organization or a
26third party designated by that organization of an individual
27whose death is imminent or who has died in the hospital.
28Notification shall be made in a timely manner to ensure that
29examination, evaluation and ascertainment of donor status as
30set forth in subsection (d) can be completed within a time

1frame compatible with the donation of organs and tissues for
2transplant. The notification shall be made without regard to
3whether the person has executed an advance directive for
4health care.

5(2) The following shall apply to coroners and medical
6examiners:

7(i) Except as set forth in subparagraph (ii), a
8coroner or medical examiner shall notify the applicable
9designated organ procurement organization of a person's
10death in accordance with a mutually agreed-upon protocol.
11Notification shall be made in a timely manner to ensure
12that examination, evaluation and ascertainment of donor
13status as set forth in subsection (d) can be completed
14within a time frame compatible with the recovery of
15tissues for transplant.

16(ii) Notification under this paragraph shall not be
17made if:

18(A) the decedent was admitted to the hospital at
19or around the time of death; or

20(B) the notification to the coroner or medical
21examiner occurred more than 18 hours following the
22estimated time of the decedent's death.

23(b) Referrals.--If an organ procurement organization
24receives a referral of an individual whose death is imminent or
25who has died, the organ procurement organization shall make a
26reasonable search of the records of the Donate Life PA Registry
27or the applicable State donor registry that it knows exists for
28the geographic area in which the individual resided or resides
29in order to ascertain whether the individual has made an
30anatomical gift.

1(c) Document of gift.--

2(1) If the referred patient has a document of gift,
3including registration with the Donate Life PA Registry, the
4procurement organization representative or the designated
5requestor shall attempt to notify a person listed in section
68611(b) (relating to persons who may execute anatomical gift)
7of the gift.

8(2) If no document of gift is known to the procurement
9organization representative or the designated requestor, one
10of these two individuals shall ask the persons listed in
11section 8611(b) whether the decedent had a validly executed
12document of gift. If there is no evidence of an anatomical
13gift by the decedent, the procurement organization
14representative or the designated requestor shall notify a
15person listed in section 8611(b) of the option to donate
16organs and tissues. <-The notification shall be performed in 
17accordance with a protocol that encourages discretion and 
18sensitivity to family circumstances in all discussions 
19regarding donations of tissue or organs. The protocol shall 
20take into account the deceased's religious beliefs or 
21nonsuitability for organ and tissue donation.

22(3) The hospital administrator or that person's
23designated representative shall indicate in the medical
24record of the decedent:

25(i) whether or not a document of gift is known to
26exist or whether a gift was made; and

27(ii) <-if a gift was made, the name of the person
28granting <-or refusing the gift and that person's
29relationship to the decedent.

30(d) Testing.--

1(1) This subsection shall apply if:

2(i) a hospital refers an individual who is dead or
3whose death is imminent to an organ procurement
4organization; and

5(ii) the organ procurement organization determines,
6based upon a medical record review, that the individual
7may be a prospective donor.

8(2) If the requirements of paragraph (1) are met, the
9following shall apply:

10(i) The organ procurement organization may conduct a
11blood or tissue test or minimally invasive examination
12which is reasonably necessary to evaluate the medical
13suitability of a part that is or may be the subject of an
14anatomical gift. Specific consent to testing or
15examination under this subparagraph shall not be
16required. The results of tests and examinations under
17this subparagraph shall be used or disclosed only:

18(A) to evaluate medical suitability for donation
19and to facilitate the donation process; and

20(B) as required or permitted by law.

21(ii) The hospital may not withdraw or withhold any
22measures which are necessary to maintain the medical
23suitability of the part until the organ procurement
24organization has:

25(A) had the opportunity to advise the applicable
26persons as set forth in section 8611(b) of the option
27to make an anatomical gift and has received or been
28denied authorization to proceed with recovery of the
29part; or

30(B) has ascertained that the individual

<-1expressed a known objection made a gift or expressed
2a known objection to making a gift.

3(e) Testing after death.--After a donor's death, a person to
4whom an anatomical gift may pass under section 8612 (relating to
5persons who may become donees; purposes for which anatomical
6gifts may be made) may conduct a test or examination which is
7reasonably necessary to evaluate the medical suitability of the
8body or part for its intended purpose.

9(f) Scope.--An examination conducted under this section may
10include copying of records necessary to determine the medical
11suitability of the body or part. This subsection includes
12medical, dental and other health-related records.

13(f.1) Recipients.--

14(1) Subject to the provisions of this chapter, the
15rights of the person to whom a part passes under section 8612
16shall be superior to the rights of all others with respect to
17the part. The person may accept or reject an anatomical gift
18in whole or in part.

19(2) Subject to the terms of the document of gift and
20this chapter, a person that accepts an anatomical gift of an
21entire body may allow embalming, burial or cremation and the
22use of remains in a funeral service. If the gift is of a
23part, the person to whom the part passes under section 8612,
24upon the death of the donor and before embalming, burial or
25cremation, shall cause the part to be removed without
26unnecessary mutilation.

27(f.2) Physicians.--

28(1) Neither the physician who attends the decedent at
29death nor the physician who determines the time of the
30decedent's death may participate in the procedures for

1removing or transplanting a part from the decedent.

2(2) Subject to paragraph (1), a physician or technician
3may remove a donated part from the body of a donor that the
4physician or technician is qualified to remove.

5(f.3) Coordination of procurement and use.--

6(1) A hospital shall enter into agreements or
7affiliations with organ procurement organizations for
8coordination of procurement and use of anatomical gifts.

9(2) A person, including a coroner or medical examiner,
10that seeks to facilitate the making of an anatomical gift for
11the purposes of transplantation or therapy from a decedent
12who was not a hospital patient at the time of death shall
13notify the applicable designated organ procurement
14organization at or around the time of the person's death in
15order to allow that organization to evaluate the potential
16donation and, if applicable, coordinate the donation process.

17(g) Death record review.--

18(1) The Department of Health shall make annual death
19record reviews at acute care general hospitals to determine
20their compliance with subsection (d).

21(2) To conduct a review of an acute care general
22hospital, the following apply:

23(i) The [Department of Health] department shall
24select to carry out the review the Commonwealth-licensed
25organ procurement organization designated by the [Health
26Care Financing Administration] Centers for Medicare and 
27Medicaid Services for the region within which the acute
28care general hospital is located. For an organ
29procurement organization to be selected under this
30subparagraph, the organization must not operate nor have

1an ownership interest in an entity which provides all of
2the functions of a tissue procurement provider.

3(ii) If there is no valid selection under
4subparagraph (i) or if the organization selected under
5subparagraph (i) is unwilling to carry out the review,
6the department shall select to carry out the review any
7other Commonwealth-licensed organ procurement
8organization. For an organ procurement organization to be
9selected under this subparagraph, the organization must
10not operate nor have an ownership interest in an entity
11which provides all of the functions of a tissue
12procurement provider.

13(iii) If there is no valid selection under
14subparagraph (ii) or if the organization selected under
15subparagraph (ii) is unwilling to carry out the review,
16the department shall carry out the review using trained
17department personnel.

18(3) There shall be no cost assessed against a hospital
19for a review under this subsection.

20(4) If the department finds, on the basis of a review
21under this subsection, that a hospital is not in compliance
22with subsection (d), the department may impose an
23administrative fine of up to $500 for each instance of
24noncompliance. A fine under this paragraph is subject to 2 
25Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
26Commonwealth agencies) and Ch. 7 Subch. A (relating to
27judicial review of Commonwealth agency action). Fines
28collected under this paragraph shall be deposited into the
29fund.

30(5) An organ procurement organization may, upon request

1and payment of associated fees, obtain certified copies of
2death records of a donor from the Division of Vital Records
3of the department.

4(h) Definitions.--As used in this section, the following
5words and phrases shall have the meanings given to them in this
6subsection:

7"Designated requestor." A hospital employee completing a
8course offered by [an] a designated organ procurement
9organization on how to approach potential donor families and
10request organ or tissue donation.

11"Noncompliance." Any failure on the part of a hospital to
12contact an organ procurement organization as required under
13subsection (d).

14§ 8619. Use of driver's license or identification card to
15indicate organ or tissue donation.

16(a) General rule.--Beginning as soon as practicable, but no
17later than January 1, 1995, or one year following the effective
18date of this section, whichever is later, the Department of
19Transportation shall redesign the driver's license and
20identification card application system to process requests for
21information regarding consent of the individual to organ or
22tissue donation. The following question shall be asked:

23Do you wish to have the organ donor designation printed
24on your driver's license?

25Only an affirmative response of an individual shall be noted on
26the front of the driver's license or identification card and
27shall clearly indicate the individual's intent to donate his
28organs or tissue. A notation on an individual's driver's license
29or identification card that he intends to donate his organs or
30tissue is deemed sufficient to satisfy all requirements for

1consent to organ or tissue donation. The department shall record 
2and store all <-organ donor designations in the Donate Life PA 
3Registry<-, regardless of whether a driver's license or 
4identification card is issued. The recorded and stored 
5designation is sufficient to satisfy all requirements for 
6consent to organ and tissue donation.

7(b) Electronic access.--The organ procurement organizations
8designated by the Federal Government in the Commonwealth of
9Pennsylvania as part of the nationwide organ procurement network
10[may] shall be given 24-hour-a-day electronic access to
11information necessary to confirm an individual's organ donor
12status through the Department of Transportation's driver
13licensing database. Necessary information shall include the
14individual's name, address, date of birth, driver's license
15number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114
16(relating to limitation on sale, publication and disclosure of
17records), the Department of Transportation is authorized to
18provide the organ procurement organizations, after a written
19agreement between the Department of Transportation and the organ
20procurement organizations is first obtained, with the foregoing
21information. The organ procurement organization shall not use
22such information for any purpose other than to confirm an
23individual's organ donor status at or near or after an
24individual's death. The organ procurement organizations shall
25not be assessed the fee for such information prescribed by 75 
26Pa.C.S. § 1955(a) (relating to information concerning drivers
27and vehicles).

28§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
29Donation Awareness Trust Fund contributions.

30(a) Driver's license.--Beginning as soon as practicable, but

1no later than [January 1, 1995] July 1, <-2013 2014, the
2Department of Transportation shall provide an applicant for an
3original or renewal driver's license or identification card the
4opportunity to make a contribution of [$1] <-$2 $3 to the fund.
5The contribution shall be added to the regular fee for an
6original or renewal driver's license or identification card. One
7contribution may be made for each issuance or renewal of a
8license or identification card. Contributions shall be used
9exclusively for the purposes set out in section 8622 (relating
10to The Governor Robert P. Casey Memorial Organ and Tissue
11Donation Awareness Trust Fund). The Department of Transportation
12shall monthly determine the total amount designated under this
13section and shall report that amount to the State Treasurer, who
14shall transfer that amount to The Governor Robert P. Casey
15Memorial Organ and Tissue Donation Awareness Trust Fund.

16(b) Vehicle registration.--The Department of Transportation
17shall provide an applicant for a renewal vehicle registration
18the opportunity to make a contribution of [$1] <-$2 $3 to The
19Governor Robert P. Casey Memorial Organ and Tissue Donation
20Awareness Trust Fund. The contribution shall be added to the
21regular fee for a renewal of a vehicle registration. One
22contribution may be made for each renewal vehicle registration.
23Contributions shall be used exclusively for the purposes
24described in section 8622. The Department of Transportation
25shall monthly determine the total amount designated under this
26section and shall report that amount to the State Treasurer, who
27shall transfer that amount to The Governor Robert P. Casey
28Memorial Organ and Tissue Donation Awareness Trust Fund. The
29Governor Robert P. Casey Memorial Organ and Tissue Donation
30Awareness Trust Fund shall reimburse the department for the

1initial costs incurred in the development and implementation of
2the contribution program [under this subsection] <-in an amount of 
3not more than $375,000 <-according to an implementation schedule 
4established by the department and the Organ Donation Advisory 
5Committee. The General Fund shall reimburse the Department of
6Transportation for the actual annual operating costs of the
7program for vehicle registrations as described in this
8subsection [subject to the following limits: For the first
9fiscal year during which this subsection is effective, the
10General Fund shall reimburse the Department of Transportation
11for the actual operating costs of the program in this subsection
12up to a maximum of $100,000]. For each fiscal year thereafter,
13the General Fund shall reimburse the Department of
14Transportation for the actual operating costs of the program in
15this subsection in an amount not to exceed the prior year's
16actual operating costs on a full fiscal year basis plus 3%. The
17amounts approved by the Governor as necessary are hereby
18appropriated from the General Fund for this purpose.

19(c) Internet website.--Within one year of the effective date
20of this subsection, the official Internet website of the
21department shall provide links through which individuals may
22make voluntary contributions of at least $1 to the fund,
23electronically <-and by paper. The links shall be provided at
24least in connection with the issuance of driver's licenses,
25personal identification cards and registration of motor
26vehicles.

27§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
28Donation Awareness Trust Fund.

29(a) Establishment.--All contributions received by the
30Department of Transportation under section 8621 (relating to The

1Governor Robert P. Casey Memorial Organ and Tissue Donation
2Awareness Trust Fund contributions) [and the Department of
3Revenue under section 8618 (relating to voluntary contribution
4system)] and the Department of Health under section 8617
5(relating to requests for anatomical gifts) shall be deposited
6into a special fund in the State Treasury to be known as The
7Governor Robert P. Casey Memorial Organ and Tissue Donation
8Awareness Trust Fund, which is hereby established.

9(b) Appropriation.--All moneys deposited in the fund and
10interest which accrues from those funds are appropriated on a
11continuing basis subject to the approval of the Governor to
12compensate the Department of Transportation, the Department of
13Health and the Department of Revenue for actual costs related to
14implementation of this chapter, including all costs of the Organ
15and Tissue Donation Advisory Committee created in subsection
16(c). Any remaining funds are appropriated subject to the
17approval of the Governor for the following purposes:

18(1) [10%] Ten percent of the total fund may be expended
19annually by the Department of Health for reasonable hospital
20and other medical expenses, funeral expenses and incidental
21expenses incurred by the donor or donor's family in
22connection with making [a vital organ donation] an organ or 
23tissue donation, along with programming, to provide support 
24services to organ and tissue donors and their families, such 
25as bereavement counseling services. Such expenditures shall
26not exceed $3,000 per donor and shall only be made directly
27to the funeral home, hospital or other service provider
28related to the donation. No part of the fund shall be
29transferred directly to the donor's family, next of kin or
30estate. The advisory committee shall develop procedures,

1including the development of a pilot program, necessary for
2effectuating the purposes of this paragraph.

3(2) [50%] Fifty percent may be expended for grants to
4certified organ procurement organizations for the development
5and implementation of organ donation awareness programs in
6this Commonwealth. The Department of Health shall develop and
7administer this grant program, which is hereby established.

8(3) [15%] Fifteen percent may be expended by the
9Department of Health, in cooperation with certified organ
10procurement organizations, for the Project-Make-A-Choice
11program, which shall include information pamphlets designed
12by the Department of Health relating to organ donor awareness
13and the laws regarding organ donation, public information and
14public education about contributing to the fund when
15obtaining or renewing a driver's license and when completing
16a State individual income tax return form.

17(4) [25%] Twenty-five percent may be expended by the
18Department of Education for the implementation of organ
19donation awareness programs in the secondary schools in this
20Commonwealth.

21[(c) Advisory committee.--The Organ Donation Advisory
22Committee is hereby established, with membership as follows:

23(1) Two representatives of organ procurement
24organizations.

25(2) Two representatives of tissue procurement providers.

26(3) Six members representative of organ, tissue and eye
27recipients, families of recipients and families of donors.

28(4) Three representatives of acute care hospitals.

29(5) One representative of the Department of Health.

30(6) One representative of eye banks.

1All members shall be appointed by the Governor. Appointments
2shall be made in a manner that provides representation of the
3northwest, north central, northeast, southwest, south central
4and southeast regions of this Commonwealth. Members shall serve
5five-year terms. The Governor may reappoint advisory committee
6members for successive terms. Members of the advisory committee
7shall remain in office until a successor is appointed and
8qualified. If vacancies occur prior to completion of a term, the
9Governor shall appoint another member in accordance with this
10subsection to fill the unexpired term. The advisory committee
11shall meet at least biannually to review progress in the area of
12organ and tissue donation in this Commonwealth, recommend
13education and awareness training programs, recommend priorities
14in expenditures from the fund and advise the Secretary of Health
15on matters relating to administration of the fund. The advisory
16committee shall recommend legislation as it deems necessary to
17fulfill the purposes of this chapter. The advisory committee
18shall submit a report concerning its activities and progress to
19the General Assembly within 30 days prior to the expiration of
20each legislative session. The Department of Health shall
21reimburse members of the advisory committee for all necessary
22and reasonable travel and other expenses incurred in the
23performance of their duties under this section.]

24(c) Advisory committee.--

25(1) The Organ and Tissue Donation Advisory Committee is
26established. Membership shall be as follows:

27(i) The Secretary of Education or a designee.

28(ii) The Secretary of Health or a designee.

29(iii) The Secretary of Transportation or a designee.

30(iv) One representative from each designated organ

1procurement organization.

2(v) Two representatives of tissue procurement
3providers.

4(vi) Six members representative of:

5(A) organ, tissue and eye recipients;

6(B) families of recipients;

7(C) donors; and

8(D) families of donors.

9(vii) Two representatives of acute care hospitals
10which are:

11(A) licensed in this Commonwealth; and

12(B) members of the Statewide association
13representing the interests of hospitals throughout
14this Commonwealth.

15(viii) One representative of eye banks.

16(ix) One representative of community health
17organizations.

18(2) A member under paragraph (1)(i), (ii) and (iii)
19shall serve ex officio.

20(3) For a member under paragraph (1)(iv), (v), (vi),
21(vii), (viii) and (ix), the following apply:

22(i) Members shall be appointed in a manner which
23reflects geographic diversity. Input on the selection of
24the representatives under paragraph (1)(vii) shall be
25sought from the Statewide association referred to in
26paragraph (1)(vii)(B).

27(ii) The members shall serve five-year terms.

28(iii) The Governor may reappoint an advisory
29committee member for successive terms.

30(iv) A member shall remain in office until a

1successor is appointed and qualified.

2(v) If a vacancy occurs prior to completion of a
3term, the Governor shall appoint a member to fill the
4unexpired term in the same manner as the vacating member
5was appointed.

6(4) The advisory committee shall meet at least
7biannually to do all of the following:

8(i) Review progress in the area of organ and tissue
9donation in this Commonwealth.

10(ii) Recommend education and awareness training
11programs.

12(iii) Recommend priorities in expenditures from the
13fund.

14(iv) Advise the Secretary of Health on matters
15relating to administration of the fund.

16(v) Recommend legislation as necessary to fulfill
17the purposes of this chapter.

18(5) The advisory committee shall submit a report
19concerning its activities and progress to the Secretary of
20the Senate and the Chief Clerk of the House of
21Representatives by October 31 of each even-numbered year.

22(6) The Department of Health shall reimburse members of
23the advisory committee only for necessary and reasonable
24travel and other expenses incurred in the performance of
25their duties under this subsection.

26(d) Reports.--The Department of Health, the Department of 
27Transportation and the Department of Education shall submit an
28annual report to the General Assembly on expenditures of fund
29moneys and any progress made in [reducing the number of
30potential donors who were not identified] increasing the number
 

1of donor designations.

2[(e) Definition.--As used in this section, the term "vital 
3organ" means a heart, lung, liver, kidney, pancreas, small
4bowel, large bowel or stomach for the purpose of
5transplantation.]

6(f) Lead Commonwealth agency.--

7(1) The Department of Health shall be the lead
8Commonwealth agency responsible for promoting organ and
9tissue donation in this Commonwealth and shall coordinate
10activities among other collaborating Commonwealth agencies.

11(2) Within the Department of Health there is established
12a full-time position of Organ and Tissue Donation Awareness
13Program Coordinator.

14(i) The Department of Health shall be reimbursed by
15The Governor Robert P. Casey Memorial Organ and Tissue
16Donation Awareness Trust Fund for the actual cost of the
17program coordinator position.

18(ii) The program coordinator has the following
19powers and duties:

20(A) Assist in administration of the fund.

21(B) Serve as a full-time liaison to the advisory
22committee and assist the advisory committee in
23program development, projects, funding proposals and
24priorities.

25(C) Serve as liaison with other Commonwealth
26agencies. This clause shall include working with the
27Department of Transportation to ensure that driver's
28license centers promote organ and tissue donation and
29comply with agreed-upon arrangements to display
30information and materials.

1(D) Assist designated organ procurement 
2organizations in their collaborations with other 
3Commonwealth agencies.

<-4(E) Provide input to designated organ procurement
5organizations regarding training of individuals
6performing notifications under section 8617(c). Such
7training shall encourage discretion and sensitivity
8to family circumstances and the circumstances of the
9potential donor's death in all discussions regarding
10donations of tissue or organs and take into account
11the potential donor's religious beliefs or
12nonsuitability for organ and tissue donation.

13(F) Assist in resolving issues that arise in
14hospitals in this Commonwealth regarding donation.

15§ 8623. Confidentiality requirement.

16The identity of the donor and of the recipient may not be
17communicated unless expressly authorized by [the recipient and
18next of kin of the decedent.]:

19(1) the recipient; and

20(2) if the donor is alive, the donor, or if the donor is
21deceased, the next of kin of the donor.

22§ 8624. Prohibited activities.

23[(a) Affiliates.--No organ procurement organization selected
24by the Department of Health under section 8617(g) (relating to
25requests for anatomical gifts) to conduct annual death reviews
26may use that review authority or any powers or privileges
27granted thereby to coerce or attempt to coerce a hospital to
28select the organization or any tissue procurement provider
29contractually affiliated with the organization as a designated
30tissue procurement provider under section 8617(e).

1(b) Unfair acts.--No organ procurement organization or
2tissue procurement provider may disparage the services or
3business of other procurement providers by false or misleading
4representations of fact, engage in any other fraudulent conduct
5to influence the selection by a hospital of a qualified tissue
6procurement provider nor engage in unlawful competition or
7discrimination. This subsection is not intended to restrict or
8preclude any organ procurement organization or tissue
9procurement provider from marketing or promoting its services in
10the normal course of business.]

11(a) Procurement organizations.--

12(1) A procurement organization shall not do any of the
13following:

14(i) Disparage the services or business of another
15procurement organization by false or misleading
16representations of fact.

17(ii) Engage in fraudulent conduct to influence the
18selection by a hospital of a tissue bank or eye bank.

19(iii) Engage in unlawful competition or
20discrimination.

21(2) This subsection is not intended to restrict or
22preclude an organ procurement organization from marketing or
23promoting its services in the normal course of business.

24(b) Funeral establishments.--

25(1) Except as set forth in paragraph (2), a funeral
26director or a funeral establishment shall not:

27(i) remove body parts from a corpse;

28(ii) permit others to remove body parts from a
29corpse; or

30(iii) use funeral establishment facilities to remove

1body parts from a corpse.

2(2) Paragraph (1) shall not apply as follows:

3(i) Removal is permissible if it is:

4(A) necessary to perform embalming or other
5services in preparation for burial or cremation; and

6(B) authorized in writing by a family member,
7guardian or other person responsible for disposition
8of the body.

9(ii) Notwithstanding any other provision of law, if
10a donation is authorized under this chapter, a designated
11organ procurement organization and a Pennsylvania
12nonprofit eye bank accredited by the Eye Bank Association
13of America may recover donated ocular tissue, including
14the whole eye, cornea and sclera, and associated blood
15specimens at a funeral establishment.

16(3) If a funeral director is notified by a person
17authorized to make donations under this chapter that the
18person wishes to donate body parts from a corpse within the
19funeral director's custody, the funeral director shall
20immediately notify the organ procurement organization
21designated to serve that region.

22Section 5. Title 20 is amended by adding sections to read:

23§ 8625. Promotion of organ and tissue donation; Donate Life PA
24Registry established.

25(a) Promotion.--The Department of Transportation shall
26ensure access by residents of this Commonwealth to an Internet-
27based interface which promotes organ and tissue donation and
28enables residents 18 years of age or older who hold a
29Pennsylvania driver's license or identification card to register
30as donors and have their decisions immediately integrated into

1the current database maintained by the department. The database
2shall include only affirmative donation decisions.

3(b) Paper form.--

4(1) Within one year of the effective date of this
5section, the department shall establish a system which allows
6individuals who have been issued a driver's license or
7identification card to add their donor designation to the
8Donate Life PA Registry by submitting a form to the
9department.

10(2) Registration shall be provided at no cost to the
11registrant.

12(c) Donate Life PA Registry; name.--<-The That portion of the
13database maintained by the department for recording donor
14designations and Internet-based interface established in this
15section shall be known as the Donate Life PA Registry.

16(d) Form and content.--The form and content of the Internet-
17based interface shall be maintained in collaboration with the
18designated organ procurement organizations.

19(e) Effect.--

20(1) Donor information entered into the Donate Life PA
21Registry shall supersede prior conflicting information:

22(i) provided to the Donate Life PA Registry;

23(ii) on the individual's physical driver's license
24or identification card;

25(iii) on an advance health care directive;

26(iv) submitted under section 8611 (relating to
27persons who may execute anatomical gift); or

28(v) submitted under any other statutory provision.

29(2) Registration by a donor shall constitute sufficient
30authorization to donate organs and tissues for

1transplantation and therapy. Authorization of another person
2shall not be necessary to effectuate the anatomical gift.

3(f) Technology.--An information technology system adopted by
4the Department of Transportation after the effective date of
5this section shall continue to accommodate the inclusion of
6donor designation information into the database and the ongoing
7operation of the Donate Life PA Registry.

<-8§ 8626. Effect of anatomical gift on advance health care
9directive.

10(a) Scope.--This section shall apply if a hospital patient
11who is a prospective donor has executed an advance health care
12directive or otherwise specified by record the circumstances
13under which the patient would want life support withheld or
14withdrawn, and the terms of the advance health care directive or
15other record are in conflict with the option of making an
16anatomical gift by precluding the administration of measures
17necessary to ensure the medical suitability of a part for
18transplantation or therapy.

19(b) Requirements.--If the patient is incapable of resolving
20the conflict, any of the following shall act for the patient to
21resolve the conflict:

22(1) The patient's agent.

23(2) If no agent has been designated by the patient or if
24the agent is not reasonably available, a person authorized by
25law other than this chapter to make decisions on behalf of
26the patient with regard to the patient's health care.

27(c) Resolution.--The parties specified in subsection (b)
28shall seek to resolve the conflict as expeditiously as possible.
29Information relevant to the resolution of the conflict shall be
30obtained from the appropriate organ procurement organization and

1any other person authorized to make an anatomical gift for the
2patient under section 8611 (relating to persons who may execute
3anatomical gift). If the parties cannot resolve the conflict,
4the patient's donor designation or an anatomical gift by a
5person authorized under section 8611 shall control the
6administration of measures necessary to ensure the medical
7suitability of a part for transplantation or therapy.

8(d) Measures.--Measures necessary to ensure the medical
9suitability of the part shall not be withheld or withdrawn from
10the patient prior to resolution of the conflict.

11§ <-8627 8626. Facilitation of anatomical gift from decedent
12whose death is under investigation.

<-13(a) Request by procurement organization.--Organ procurement

<-14(a) Collaboration by procurement organization.--

15(1) A coroner or medical examiner having jurisdiction
16may permit the removal of an anatomical gift authorized under
17this chapter from a decedent whose death is under
18investigation.

19(2) Organ procurement organizations shall in all cases
20collaborate with the coroner or medical examiner to ensure
21the preservation of forensic <-evidence and collection of
22photographs and specimens. Notwithstanding the <-evidence.

23(3) Upon request, an organ procurement organization
24shall provide or assist the coroner or medical examiner in
25obtaining:

26(i)  Medical records.

27(ii)  Photographs.

28(iii)  Specimens, including blood and tissue.

29(iv)  Laboratory and diagnostic test results.

30(v)  Any other available information.

1(4) Notwithstanding the provisions set forth in 18 Pa.C.S.
2Ch. 91 (relating to criminal history record information), a
3coroner or medical examiner shall, upon request, release to the
4organ procurement organization the name, contact information and
5available medical and social history of a decedent whose death
6is under investigation. <-The coroner or medical examiner may
7permit the removal of an anatomical gift authorized under
8section 8611 (relating to persons who may execute anatomical
9gift) from a decedent who died under circumstances requiring an
10investigation.

11(b) Collaboration.--If a coroner or medical examiner is
12considering withholding one or more organs of a potential donor
13for any reason, the coroner or medical examiner or his or her
14designee shall, upon request of the organ procurement
15organization, be present during the procedure to remove the
16organs. The coroner or medical examiner or his or her designee
17may request a biopsy of those organs or deny removal of the
18organs if necessary. If the coroner or medical examiner or his
19or her designee denies removal of the organs, the coroner or
20medical examiner shall explain in writing the reasons for
21determining that those organs may be involved in the cause of
22death and the basis for denying recovery of the organ.

<-23(b) Attendance at recovery.--

24(1) If a coroner or medical examiner is considering
25denying recovery of one or more organs intended for
26transplant or therapy for any reason, the coroner or medical
27examiner or his or her designee shall, upon request of the
28organ procurement organization, be present during the
29procedure to remove the organs.

30(2) The coroner or medical examiner or his or her

1designee in attendance may deny removal of the organs if in
2his or her judgment those organs may be involved in the cause
3of death.

4(3) If the coroner or medical examiner or his or her
5designee denies removal of the organs, the coroner or medical
6examiner shall explain in writing the reasons for determining
7that those organs may be involved in the cause of death and
8the basis for denying recovery of the organ.

9(4) The designated organ procurement organization shall
10reimburse the coroner or medical examiner for the reasonable
11costs for the professional services of the coroner or medical
12examiner or his or her designee associated with attending the
13recovery.

14(c) Report.--If requested by the coroner or medical
15examiner, the physician or technician recovering a part under
16this section shall provide a report detailing the condition of
17the part. If appropriate, the report shall include a biopsy,
18photographs or medically approved sample from the part.<- The
19designated organ procurement organization shall reimburse the
20coroner or medical examiner for the reasonable costs for the
21professional services of the coroner or medical examiner or his
22or her designee associated with attending the recovery.

23§ <-8628 8627. Collaboration among departments and organ
24procurement organizations.

25(a) Mandatory.--

26(1) For purposes of the ongoing development and
27implementation of the Donate Life PA Registry, the Department
28of Transportation shall collaborate with the designated organ
29procurement organizations in applying for Federal or private
30grants recommended by the organ procurement organizations.

1(2) The Department of Transportation, in consultation
2with designated organ procurement organizations, shall
3establish an annual education program for <-employees photo
4license technicians of the Department of Transportation.<- The
5program shall focus on:

6(i) benefits associated with organ and tissue
7donations;

8(ii) the scope and operation of the Commonwealth's
9donor program; and

10(iii) how employees can:

11(A) effectively inform the public about the
12donor program; and

13(B) best assist those wishing to participate in
14the donor program, including use of the Donate Life
15PA Registry.

16(b) Discretionary.--Other Commonwealth agencies may
17collaborate with the designated organ procurement organizations
18in applying for Federal or private grants recommended by the
19organ procurement organizations.

20§ <-8629 8628. Information relative to organ and tissue donation.

21(a) Curriculum.--The Department of Education, in
22consultation with the designated organ procurement
23organizations, shall review the Commonwealth's educational
24curriculum framework to ensure that information about organ
25donation is included in the standards for students in grades
26nine through 12 beginning with the 2013-2014 school year.

27(b) Goals.--The goals of the standards shall be to:

28(1) Emphasize the benefits of organ and tissue donation
29to the health and well-being of society generally and to
30individuals whose lives are saved by organ and tissue

1donations so that students will be motivated to make an
2affirmative decision to register as a donor when they become
3adults.

4(2) Fully address myths and misunderstandings regarding
5organ and tissue donation.

6(3) Explain the options available to minors and adults,
7including the option of designating oneself as an organ and
8tissue donor.

9(c) Materials.--The Department of Education shall make
10related instructional materials available to public and
11nonpublic schools educating students in grades nine through 12.
12The General Assembly shall encourage nonpublic schools to use
13the instructional materials. Nothing in this subsection shall be
14construed to require nonpublic schools to use the instructional
15materials.

16(d) Institutions of higher education.--

17(1) Beginning with the 2013-2014 school year, each
18public institution of higher education in this Commonwealth
19shall provide, in collaboration with the designated organ
20procurement organizations, information to its students,
21either through student health services or as part of the
22curriculum, which:

23(i) emphasizes the benefits to the health and well-
24being of society and the lives that are saved through
25organ and tissue donations; and

26(ii) instills knowledge which will enable
27individuals to make informed decisions about registering
28to become an organ and tissue donor.

29(2) Beginning with the 2013-2014 school year, each
30private institution of higher education in this Commonwealth

1is encouraged to provide, in collaboration with the
2designated organ procurement organizations, information to
3its students, either through student health services or as
4part of the curriculum, which:

5(i) emphasizes the benefits to the health and well-
6being of society and the lives that are saved through
7organ and tissue donations; and

8(ii) instills knowledge which will enable
9individuals to make informed decisions about registering
10to become an organ and tissue donor.

11§ <-8630 8629. Requirements for physician and nurse training
12relative to organ and tissue donation and recovery.

13(a) Regulations.--The State Board of Medicine, the State
14Board of Osteopathic Medicine and the State Board of Nursing
15shall, in collaboration with the designated organ procurement
16organizations, promulgate regulations stating the following
17requirements for physician and professional nurse training:

18(1) The curriculum in each college of medicine or
19osteopathy or educational program of professional nursing in
20this Commonwealth shall include two hours of instruction in
21organ and tissue donation and recovery designed to address
22clinical aspects of the donation and recovery process.

23(2) Successful completion of organ and tissue donation
24and recovery instruction under paragraph (1) shall be
25required as a condition of receiving the degree of doctor of
26medicine or doctor of osteopathy or a degree in professional
27nursing, in this Commonwealth.

28(3) A college of medicine or osteopathy or nursing
29program which includes instruction in organ and tissue
30donation and recovery under paragraph (1) in its curricula

1shall offer this training for continuing education credit.

2(b) Statement of policy.--The State Board of Medicine, the
3State Board of Osteopathic Medicine and the State Board of
4Nursing shall issue a statement of policy encouraging physicians
5and nurses who, prior to the effective date of this section,
6were not required to receive and did not receive instruction in
7organ and tissue donation and recovery as part of a medical,
8osteopathic or nursing school curriculum to complete the
9training within three years after the effective date of this
10section. The training may be completed through an online,
11credit-based course developed by or for the designated organ
12procurement organizations, in collaboration with representative
13professional medical, osteopathic and nursing organizations in
14this Commonwealth.

15§ <-8631 8630. Uniformity of application and construction.

16In applying and construing the provisions of this chapter,
17consideration shall be given to the need to promote uniformity
18of the law with respect to its subject matter among those states
19which enact a uniform act.

20§ <-8632 8631. Relation to Electronic Signatures in Global and
21National Commerce Act.

22This chapter modifies, limits and supersedes the Electronic
23Signatures in Global and National Commerce Act (Public Law 106-
24229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify,
25limit or supersede section 101(c) of the Electronic Signatures
26in Global and National Commerce Act or authorize electronic
27delivery of any of the notices described in section 103(b) of
28the Electronic Signatures in Global and National Commerce Act.

29Section 6. Subchapter C of Chapter 86 of Title 20 is
30repealed:

1[SUBCHAPTER C

2CORNEAL TRANSPLANTS

3Sec.

48641. Removal of corneal tissue permitted under certain
5circumstances.

68642. Limitation of liability.

7§ 8641. Removal of corneal tissue permitted under certain
8circumstances.

9(a) General rule.--On a request from an authorized official
10of an eye bank for corneal tissue, a coroner or medical examiner
11may permit the removal of corneal tissue if all of the following
12apply:

13(1) The decedent from whom the tissue is to be removed
14died under circumstances requiring an inquest.

15(2) The coroner or medical examiner has made a
16reasonable effort to contact persons listed in section 8611
17(relating to persons who may execute anatomical gift).

18(3) No objection by a person listed in section 8611 is
19known by the coroner or medical examiner.

20(4) The removal of the corneal tissue will not interfere
21with the subsequent course of an investigation or autopsy or
22alter the decedent's postmortem facial appearance.

23(b) Definition.--As used in this section, the term "eye 
24bank" means a nonprofit corporation chartered under the laws of
25this Commonwealth to obtain, store and distribute donor eyes to
26be used by physicians or surgeons for corneal transplants,
27research or other medical purposes and the medical activities of
28which are directed by a physician or surgeon in this
29Commonwealth.

30§ 8642. Limitation of liability.

1A person who acts in good faith in accordance with the
2provisions of this subchapter shall not be subject to criminal
3or civil liability arising from any action taken under this
4subchapter. The immunity provided by this section shall not
5extend to persons if damages result from the gross negligence,
6recklessness or intentional misconduct of the person.]

7Section 7. This act shall take effect in 60 days.