PRINTER'S NO. 1297
No. 1137 Session of 1989
INTRODUCED BY MILLER, BOYES, KOSINSKI, FARGO, TRELLO, TIGUE,
MORRIS, PRESTON, FOX, VROON, SCHULER, VEON, CORNELL, CAWLEY,
E. Z. TAYLOR AND NOYE, APRIL 11, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 11, 1989
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 anatomical gifts.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 8603, 8604(b) and (c) and 8608(c) of
7 Title 20 of the Pennsylvania Consolidated Statutes are amended
8 to read:
9 § 8603. Persons who may become donees; purposes for which
10 anatomical gifts may be made.
11 The following persons may become donees of gifts of bodies or
12 parts thereof for the purposes stated:
13 (1) any hospital[, surgeon, or physician,] for medical
14 or dental education, research, advancement of medical or
15 dental science, therapy, or transplantation; or
16 (2) any accredited medical or dental school, college or
17 university for education, research, advancement of medical or
18 dental science, or therapy; or
1 (3) any bank or storage facility, for medical or dental
2 education, research, advancement of medical or dental
3 science, therapy, or transplantation; or
4 (4) any specified individual for therapy or
5 transplantation needed by him; or
6 (5) the board[.]; or
7 (6) an organ procurement agency or tissue bank.
8 § 8604. Manner of executing anatomical gifts.
9 * * *
10 (b) Gifts by other documents.--A gift of all or part of the
11 body under section 8602(a) may also be made by document other
12 than a will. The gift becomes effective upon the death of the
13 donor. The document, which may be a card designed to be carried
14 on the person, must be signed by the donor [in the presence of
15 two witnesses who must sign the document in his presence]. If
16 the donor is mentally competent to signify his desire to sign
17 the document but is physically unable to do so, the document may
18 be signed for him by another at his direction and in his
19 presence [in the presence of two witnesses who must sign the
20 document in his presence]. Delivery of the document of gift
21 during the donor's lifetime is not necessary to make the gift
22 valid.
23 (c) Specified and unspecified donees.--The gift may be made
24 to a specified donee or without specifying a donee. If the
25 latter, the gift may be accepted by [the attending physician] a
26 hospital as donee upon or following death. If the gift is made
27 to a specified donee who is not available at the time and place
28 of death, [the attending physician] a hospital, upon or
29 following death, in the absence of any expressed indication that
30 the donor desired otherwise, may accept the gift as donee. [The
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1 physician who becomes a donee under this subsection shall not
2 participate in the procedures for removing or transplanting a
3 part.]
4 * * *
5 § 8608. Requests for anatomical gifts.
6 * * *
7 (c) Donor card.--Notwithstanding any provision of law to the
8 contrary, the intent of a decedent to participate in an organ
9 donor program as evidenced by the possession of a validly
10 executed donor card shall not be revoked by any member of any of
11 the classes specified in section 8602(b) or by any other person.
12 * * *
13 Section 2. Title 20 is amended by adding sections to read:
14 § 8609. Sales and purchases prohibited.
15 It is unlawful for any person to sell, offer for sale or
16 purchase any anatomical part.
17 § 8610. Coordination programs.
18 All hospitals shall establish and participate in local and
19 regional programs which coordinate the procurement and
20 utilization of anatomical parts.
21 § 8611. Accreditation of personnel.
22 The Department of Health shall, in cooperation with organ
23 procurement agencies and tissue banks, assist in the
24 establishment of a Statewide program for the education and
25 accreditation of personnel involved in the recovery of tissue
26 for transplant.
27 Section 3. This act shall take effect in 60 days.
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