PRIOR PRINTER'S NOS. 3816, 3822 PRINTER'S NO. 4001
No. 2668 Session of 2000
INTRODUCED BY M. COHEN, RYAN, DeWEESE, BARLEY, VEON, FARGO, BELARDI, CORNELL, COY, E. Z. TAYLOR, EVANS, PHILLIPS, LESCOVITZ, O'BRIEN, BLAUM, McNAUGHTON, STABACK, MASLAND, GEIST, MUNDY, ARMSTRONG, McCALL, BAKER, SURRA, KREBS, TIGUE, NAILOR, BROWNE, CAPPABIANCA, PLATTS, ROBINSON, BENNINGHOFF, SOLOBAY, CURRY, BUNT, BEBKO-JONES, L. I. COHEN, BELFANTI, COLAFELLA, DALLY, PETRONE, RUBLEY, LEVDANSKY, SAYLOR, LAUGHLIN, KENNEY, OLIVER, SCHULER, EACHUS, LAWLESS, COSTA, LaGROTTA, DRUCE, BISHOP, BUXTON, ORIE, CALTAGIRONE, FAIRCHILD, CORRIGAN, FICHTER, DALEY, DeLUCA, FLICK, DERMODY, HERSHEY, HANNA, HESS, GEORGE, MANDERINO, FRANKEL, GORDNER, GRUCELA, HALUSKA, HARHAI, HORSEY, READSHAW, TANGRETTI, THOMAS, JAMES, YUDICHAK, JOSEPHS, SCRIMENTI, KAISER, KELLER, LEDERER, TRICH, VAN HORNE, MANN, MARKOSEK, MELIO, RAMOS, RIEGER, SANTONI, MYERS, PISTELLA, PRESTON, ROBERTS, ROONEY, SAINATO, SHANER, STETLER, STURLA, TRAVAGLIO, TRELLO, WALKO, WATERS, WILLIAMS, WOJNAROSKI, YOUNGBLOOD, PETRARCA AND SAMUELSON, JULY 17, 2000
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 2, 2000
AN ACT 1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the 2 Pennsylvania Consolidated Statutes, changing the name of the 3 Organ Donation Awareness Trust Fund to The Governor Robert P. 4 Casey Memorial Organ and Tissue Donation Awareness Trust 5 Fund. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Sections 8601, 8617(f), 8621 and 8622 heading and 9 (a) of Title 20 of the Pennsylvania Consolidated Statutes are 10 amended to read: 11 § 8601. Definitions.
1 The following words and phrases when used in this chapter 2 shall have the meanings given to them in this section unless the 3 context clearly indicates otherwise: 4 "Acute care general hospital." Any hospital which has an 5 emergency room facility. 6 "Advisory committee." The Organ Donation Advisory Committee 7 established under section 8622 (relating to The Governor Robert 8 P. Casey Memorial Organ and Tissue Donation Awareness Trust 9 Fund). 10 "Bank or storage facility." A facility licensed, accredited 11 or approved under the laws of any state for storage of human 12 bodies or parts thereof. 13 "Board." The Humanity Gifts Registry. 14 "Decedent." A deceased individual, including a stillborn 15 infant or fetus. 16 "Donor." An individual who makes a gift of all or part of 17 his body. 18 "Fund." The Governor Robert P. Casey Memorial Organ and 19 Tissue Donation Awareness Trust Fund established under section 20 8622 (relating to The Governor Robert P. Casey Memorial Organ 21 and Tissue Donation Awareness Trust Fund). 22 "Hospital." An institution licensed in this Commonwealth 23 having an organized medical staff established for the purpose of 24 providing to inpatients, by or under the supervision of 25 physicians, diagnostic and therapeutic services for the care of 26 persons who are injured, disabled, pregnant, diseased, sick or 27 mentally ill or rehabilitation services for the rehabilitation 28 of persons who are injured, disabled, pregnant, diseased, sick 29 or mentally ill. The term includes facilities for the diagnosis 30 and treatment of disorders within the scope of specific medical 20000H2668B4001 - 2 -
1 specialties. The term does not include facilities caring 2 exclusively for the mentally ill. 3 "Organ procurement organization." An organization that meets 4 the requirements of section 371 of the Public Health Service Act 5 (58 Stat. 682, 42 U.S.C. § 273). 6 "Part." Organs, tissues, eyes, bones, arteries, blood, other 7 fluids and any other portions of a human body. 8 "Person." An individual, corporation, government or 9 governmental subdivision or agency, business trust, estate, 10 trust, partnership, association or any other legal entity. 11 "Physician" or "surgeon." A physician or surgeon licensed or 12 authorized to practice under the laws of any state. 13 "State." Any state, district, commonwealth, territory, 14 insular possession and any other area subject to the legislative 15 authority of the United States of America. 16 "Unlawful competition." Conduct declared unlawful under 17 section 3 of the act of December 17, 1968 (P.L.1224, No.387), 18 known as the Unfair Trade Practices and Consumer Protection Law. 19 § 8617. Requests for anatomical gifts. 20 * * * 21 (f) Guidelines.-- 22 (1) The Department of Health, in consultation with organ 23 procurement organizations, tissue procurement providers and 24 the Hospital Association of Pennsylvania, donor recipients 25 and family appointed pursuant to section 8622(c)(3) (relating 26 to The Governor Robert P. Casey Memorial Organ and Tissue 27 Donation Awareness Trust Fund) shall, within six months of 28 the effective date of this chapter, do all of the following: 29 (i) Establish guidelines regarding efficient 30 procedures facilitating the delivery of anatomical gift 20000H2668B4001 - 3 -
1 donations from receiving hospitals to procurement 2 providers. 3 (ii) Develop guidelines to assist hospitals in the 4 selection and designation of tissue procurement 5 providers. 6 (2) Each organ procurement organization and each tissue 7 procurement provider operating within this Commonwealth 8 shall, within six months of the effective date of this 9 chapter, file with the Department of Health, for public 10 review, its operating protocols. 11 * * * 12 § 8621. The Governor Robert P. Casey Memorial Organ and Tissue 13 Donation Awareness Trust Fund contributions. 14 (a) Driver's license.--Beginning as soon as practicable, but 15 no later than January 1, 1995, the Department of Transportation 16 shall provide an applicant for an original or renewal driver's 17 license or identification card the opportunity to make a 18 contribution of $1 to the fund. The contribution shall be added 19 to the regular fee for an original or renewal driver's license 20 or identification card. One contribution may be made for each 21 issuance or renewal of a license or identification card. 22 Contributions shall be used exclusively for the purposes set out 23 in section 8622 (relating to The Governor Robert P. Casey 24 Memorial Organ and Tissue Donation Awareness Trust Fund). The 25 Department of Transportation shall monthly determine the total 26 amount designated under this section and shall report that 27 amount to the State Treasurer, who shall transfer that amount to 28 [the] The Governor Robert P. Casey Memorial Organ and Tissue 29 Donation Awareness Trust Fund. 30 (b) Vehicle registration.--The Department of Transportation 20000H2668B4001 - 4 -
1 shall provide an applicant for a renewal vehicle registration 2 the opportunity to make a contribution of $1 to [the] The 3 Governor Robert P. Casey Memorial Organ and Tissue Donation 4 Awareness Trust Fund. The contribution shall be added to the 5 regular fee for a renewal of a vehicle registration. One 6 contribution may be made for each renewal vehicle registration. 7 Contributions shall be used exclusively for the purposes 8 described in section 8622. The Department of Transportation 9 shall monthly determine the total amount designated under this 10 section and shall report that amount to the State Treasurer, who 11 shall transfer that amount to [the] The Governor Robert P. Casey 12 Memorial Organ and Tissue Donation Awareness Trust Fund. The 13 Governor Robert P. Casey Memorial Organ and Tissue Donation 14 Awareness Trust Fund shall reimburse the department for the 15 initial costs incurred in the development and implementation of 16 the contribution program under this subsection. The General Fund 17 shall reimburse the Department of Transportation for the actual 18 annual operating costs of the program for vehicle registrations 19 as described in this subsection subject to the following limits: 20 For the first fiscal year during which this subsection is 21 effective, the General Fund shall reimburse the Department of 22 Transportation for the actual operating costs of the program in 23 this subsection up to a maximum of $100,000. For each fiscal 24 year thereafter, the General Fund shall reimburse the Department 25 of Transportation for the actual operating costs of the program 26 in this subsection in an amount not to exceed the prior year's 27 actual operating costs on a full fiscal year basis plus 3%. The 28 amounts approved by the Governor as necessary are hereby 29 appropriated from the General Fund for this purpose. 30 § 8622. The Governor Robert P. Casey Memorial Organ and Tissue 20000H2668B4001 - 5 -
1 Donation Awareness Trust Fund. 2 (a) Establishment.--All contributions received by the 3 Department of Transportation under section 8621 (relating to The 4 Governor Robert P. Casey Memorial Organ and Tissue Donation 5 Awareness Trust Fund contributions) and the Department of 6 Revenue under section 8618 (relating to voluntary contribution 7 system) and the Department of Health under section 8617 8 (relating to requests for anatomical gifts) shall be deposited 9 into a special fund in the State Treasury to be known as [the] 10 The Governor Robert P. Casey Memorial Organ and Tissue Donation 11 Awareness Trust Fund, which is hereby established. 12 * * * 13 Section 2. This act shall take effect in 60 days. <-- 14 SECTION 2. A REFERENCE TO THE ORGAN DONATION AWARENESS TRUST <-- 15 FUND IN ANY OTHER LAW SHALL BE DEEMED A REFERENCE TO THE 16 GOVERNOR ROBERT P. CASEY MEMORIAL ORGAN AND TISSUE DONATION 17 AWARENESS TRUST FUND AS IF THE REFERENCE TO THE GOVERNOR ROBERT 18 P. CASEY MEMORIAL ORGAN AND TISSUE DONATION AWARENESS TRUST FUND 19 WERE SPECIFICALLY SET FORTH THEREIN. 20 SECTION 3. THE DEPARTMENT OF REVENUE SHALL CONTINUE TO USE 21 OR RECYCLE ALL FORMS WHICH CONTAIN REFERENCES TO THE ORGAN 22 DONATION AWARENESS TRUST FUND FOR PURPOSES OF TAXABLE YEARS 23 ENDING ON OR BEFORE DECEMBER 31, 2000. FOR TAXABLE YEARS 24 BEGINNING ON OR AFTER JANUARY 1, 2001, THE DEPARTMENT OF REVENUE 25 SHALL USE FORMS WHICH CONTAIN REFERENCES TO THE GOVERNOR ROBERT 26 P. CASEY MEMORIAL ORGAN AND TISSUE DONATION AWARENESS TRUST 27 FUND. 28 SECTION 4. THE DEPARTMENT OF TRANSPORTATION SHALL CONTINUE 29 TO USE OR RECYCLE ALL FORMS WHICH CONTAIN REFERENCES TO THE 30 ORGAN DONATION AWARENESS TRUST FUND UNTIL THE EXISTING FORMS ARE 20000H2668B4001 - 6 -
1 DEPLETED. 2 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. F28L20JLW/20000H2668B4001 - 7 -