PRINTER'S NO. 1201
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
902
Session of
2015
INTRODUCED BY SABATINA, WOZNIAK, TARTAGLIONE, McGARRIGLE,
EICHELBERGER, RAFFERTY, WILLIAMS, FONTANA, VULAKOVICH, COSTA,
DINNIMAN, YUDICHAK, WILEY, BLAKE AND HUGHES, AUGUST 13, 2015
REFERRED TO JUDICIARY, AUGUST 13, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, in anatomical gifts,
further providing for manner of executing anatomical gifts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8613 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 8613. Manner of executing anatomical gifts.
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(g) Rights and protections for certain individuals.--
(1) An individual who is a candidate to receive an
anatomical gift shall not be deemed ineligible to receive an
anatomical gift solely because of the individual's physical
or mental disability, except to the extent that the physical
or mental disability has been found by a physician or surgeon
following an individualized evaluation of the potential
recipient to be medically significant to the provision of the
anatomical gift. If an individual has the necessary support
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system to assist the individual in complying with
posttransplant medical requirements, an individual's
inability to independently comply with those requirements
shall not be deemed to be medically significant. The
provisions of this subsection shall apply to each part of the
organ transplant process.
(2) The court shall accord priority on its calendar and
expeditiously proceed with an action brought to seek any
remedy authorized by law for purposes of enforcing compliance
with the provisions of this section.
(3) The provisions of this section shall not be deemed
to require referrals or recommendations for, or the
performance of, medically inappropriate organ transplants.
(4) As used in this subsection, "disability" shall have
the same meaning as in the Americans with Disabilities Act of
1990 (Public Law 101-336, 104 Stat. 327).
Section 2. This act shall take effect immediately.
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