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.

23The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

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

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

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

11"Agent." Any of the following:

12(1) An individual authorized to make health care
13decisions on another's behalf under Subchapter C of Chapter
1454 (relating to health care agents and representatives).

15(2) An individual expressly authorized to make an
16anatomical gift on another's behalf by any other record
17signed by the individual giving the authorization.

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

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

24* * *

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

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

5"Donate Life PA Registry." The registry established in
6section 8625 (relating to promotion of organ and tissue
7donation; Donate Life PA Registry established).

8* * *

9"Donor registry." A database which contains records of
10anatomical gifts. The term includes the Donate Life PA Registry.

11"Eye bank." A person that is licensed, accredited or
12regulated under Federal or State law to engage in the recovery,
13screening, testing, processing, storage or distribution of human
14eyes or portions of human eyes.

15* * *

16"Hospital administrator." Any individual appointed by a
17hospital's governing body to act on its behalf in the overall
18management of the hospital. The term includes a designee of the
19individual.

20"Know." To have actual knowledge. When the word "known" is
21used as an adjective to modify a term, the meaning is that there
22is actual knowledge about the modified term.

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

24"Organ procurement organization." An organization [that
25meets the requirements of section 371 of the Public Health
26Service Act (58 Stat. 682, 42 U.S.C. § 273)] designated for the 
27region by the Secretary of Health and Human Services as an organ 
28procurement organization.

29* * *

30"Person authorized or obligated to dispose of a decedent's

1body." Any of the following, without regard to order of
2priority:

3(1) A coroner or medical examiner having jurisdiction
4over the decedent's body.

5(2) A warden or director of a correctional facility
6where the decedent was incarcerated.

7(3) An administrator or authorized official of a social
8service agency having a relationship with the decedent.

9(4) An individual or official of an entity that:

10(i) is authorized to make decisions with respect to
11the disposition, transportation, transfer, burial or
12cremation of a decedent;

13(ii) is under an obligation to make decisions with
14respect to the disposition, transportation, transfer,
15burial or cremation of a decedent; or

16(iii) voluntarily assumes responsibility for
17decisions with respect to the disposition,
18transportation, transfer, burial or cremation of a
19decedent.

20* * *

21"Program coordinator." The Organ and Tissue Donation
22Awareness Program Coordinator established in section 8622
23(relating to The Governor Robert P. Casey Memorial Organ and
24Tissue Donation Awareness Trust Fund).

25"Prospective donor." A person who is dead or whose death is
26imminent and has been determined by an organ procurement
27organization to have a part that could be medically suitable for
28transplantation, therapy, research or education.

29"Reasonably available." Able to be contacted by a
30procurement organization without undue effort and willing and

1able to act in a timely manner consistent with existing medical
2criteria necessary to make an anatomical gift.

3"Recipient." An individual into whose body a decedent's part
4has been or is intended to be transplanted.

5"Record." Information that is inscribed on a tangible medium
6or that is stored in an electronic or other medium and is
7retrievable in perceivable form.

8* * *

9"Tissue bank." A person that is licensed, accredited or
10regulated under Federal or State law to engage in the recovery,
11screening, testing, processing, storage or distribution of
12tissue.

13* * *

14Section 2. Sections 8611(a), (b) and (c) of Title 20 are
15amended and the section is amended by adding a subsection to
16read:

17§ 8611. Persons who may execute anatomical gift.

18(a) General rule.--Any individual of sound mind and 18 years
19of age or more may give all or any part of his body for any
20purpose specified in section 8612 (relating to persons who may
21become donees; purposes for which anatomical gifts may be made),
22the gift to take effect upon death. [Any] An agent [acting under
23a power of attorney which authorizes the agent to make
24anatomical gifts] may effectuate a gift for any purpose
25specified in section 8612. Any individual who is a minor and 16
26years of age or older may effectuate a gift for any purpose
27specified in section 8612, provided parental or guardian consent
28is deemed given. Parental or guardian consent shall be noted on
29the minor's donor card, application for the donor's learner's
30permit or driver's license or other document of gift. A gift of

1the whole body shall be invalid unless made in writing at least
215 days prior to the date of death or consent is obtained from
3the legal next of kin. Where there are adult children of the
4deceased who are not children of the surviving spouse, their
5consent shall also be required for a gift of the whole body for
6anatomical study.

7(b) [Others entitled] Entitled to donate anatomy of
8decedent.--Any of the following persons who are reasonably 
9available, in order of priority stated, when persons in prior
10classes are not reasonably available at the time of death, and
11in the absence of [actual notice of contrary indications] known 
12objections by the decedent or [actual notice of opposition] by a
13member of [the same or] a prior class, may give all or any part
14of the decedent's body for any purpose specified in section
158612:

16[(1) The spouse.

17(2) An adult son or daughter.

18(3) Either parent.

19(4) An adult brother or sister.

20(5) A guardian of the person of the decedent at the time
21of his death.

22(6) Any other person authorized or under obligation to
23dispose of the body.]

24(1) An agent of the decedent at the time of death who
25could have made an anatomical gift under subsection (a).

26(2) The spouse of the decedent.

27(3) An adult child of the decedent.

28(4) A parent of the decedent.

29(5) An adult sibling of the decedent.

30(6) A guardian of the person of the decedent.

1(7) An adult who is related to the decedent by blood,
2marriage or adoption, including a stepparent, stepchild or
3stepsibling.

4(8) A person that exhibited special care and concern for
5the decedent.

6(9) A hospital administrator.

7(10) A person authorized or obligated to dispose of the
8decedent's body.

9(b.1) Required to donate anatomy of decedent.--Unless there
10is a known objection by the decedent, a hospital administrator
11shall give all or part of the decedent's body for any purpose
12specified in section 8612.

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

14(1) The donee may not accept a gift under any of the
15following circumstances:

16(i) The donee [has actual notice of contrary
17indications] knows of an objection by the decedent [or].

18(ii) The donee knows that a gift by a member of a
19class is opposed by a reasonably available member of [the
20same or] a prior class[, the donee shall not accept the
21gift].

22(iii) The donee knows that a gift by a member of a
23class is opposed by at least 50% of the reasonably
24available members of the same class.

25(2) The persons authorized by subsection (b) may make
26the gift after or immediately before death.

27* * *

28Section 2.1. Section 8612 of Title 20 is amended to read:

29§ 8612. Persons who may become donees; purposes for which
30anatomical gifts may be made.

1[The following persons may become donees of gifts of bodies
2or parts thereof for any of the purposes stated:

3(1) Any hospital, surgeon or physician for medical or
4dental education, research, advancement of medical or dental
5science, therapy or transplantation.

6(2) Any accredited medical or dental school, college or
7university for education, research, advancement of medical or
8dental science or therapy.

9(3) Any bank or storage facility for medical or dental
10education, research, advancement of medical or dental
11science, therapy or transplantation.

12(4) Any specified individual for therapy or
13transplantation needed by him.

14(5) The board.]

15(a) Donees.--An anatomical gift may be made to any of the
16following persons named in the document of gift:

17(1) If for research or education, any of the following:

18(i) A hospital.

19(ii) An accredited medical school, dental school,
20college or university.

21(iii) The board.

22(iv) An organ procurement organization.

23(v) Any other appropriate person as authorized by
24law.

25(2) Subject to subsection (b), an individual designated
26by the person making the anatomical gift if the individual is
27the recipient of the part.

28(3) An eye bank or tissue bank.

29(4) An organ procurement organization.

30(b) Directed donation.--If an anatomical gift to an

1individual under subsection (a)(2) cannot be transplanted into
2the individual, the part shall pass in accordance with
3subsection (c) in the absence of a known objection by the person
4making the anatomical gift.

5(c) Organ for transplant or therapy.--An anatomical gift of
6an organ for transplantation or therapy, other than an
7anatomical gift under subsection (a)(2), shall pass to the organ
8procurement organization.

9(d) Default.--If the intended purpose or recipient of an
10anatomical gift is not known, the following shall apply:

11(1) If the part is an eye, the gift shall pass to the
12appropriate eye bank.

13(2) If the part is tissue, the gift shall pass to the
14appropriate tissue bank.

15(3) If the part is an organ, the gift shall pass to the
16appropriate organ procurement organization.

17(4) If the gift is of the decedent's entire body, the
18gift shall pass to the board.

19(e) Multiple purposes.--If there is more than one purpose of
20an anatomical gift set forth in the document of gift but the
21purposes are not set forth in any priority, the gift shall be
22used for transplantation or therapy, if suitable, and shall pass
23to the appropriate organ procurement organization. If the gift
24cannot be used for transplantation or therapy, the gift may be
25used for research or education.

26(f) Unspecified purpose.--If an anatomical gift is made in a
27document of gift that does not name a person described in
28subsection (a) and does not identify the purpose of the gift,
29the gift may be used only for transplantation or therapy, and
30the gift shall pass in accordance with subsection (d).

1Section 2.2. Section 8613(b), (d) and (e) of Title 20 are
2amended and the section is amended by adding subsections to
3read:

4§ 8613. Manner of executing anatomical gifts.

5* * *

6(b) Gifts by other documents.--[A gift of all or part of the
7body under section 8611(a) may also be made by document other
8than a will.] An anatomical gift may be made by other document, 
9including by authorizing a statement or symbol indicating that 
10the donor has made an anatomical gift, which shall be recorded 
11in a donor registry or on the donor's driver's license or 
12identification card. The gift becomes effective upon the death
13of the donor. The document, which may be a card designed to be
14carried on the person, must be signed by the donor [in the
15presence of two witnesses who must sign the document in his
16presence]. If the donor is mentally competent to signify his
17desire to sign the document but is physically unable to do so,
18the document may be signed for him by another at his direction
19and in his presence in the presence of two witnesses who must
20sign the document in his presence. Delivery of the document of
21gift during the donor's lifetime is not necessary to make the
22gift valid. If an anatomical gift is indicated on a driver's 
23license or an identification card, the anatomical gift is not 
24invalidated by revocation, suspension, expiration or 
25cancellation of:

26(1) the driver's license under 75 Pa.C.S. Ch. 15
27(relating to licensing of drivers); or

28(2) the identification card by the Department of
29Transportation.

30* * *

1[(d) Designation of person to carry out procedures.--
2Notwithstanding section 8616(b) (relating to rights and duties
3at death), the donor may designate in his will, card or other
4document of gift the surgeon or physician to carry out the
5appropriate procedures. In the absence of a designation or if
6the designee is not available, the donee or other person
7authorized to accept the gift may employ or authorize any
8surgeon or physician for the purpose, or, in the case of a gift
9of eyes, he may employ or authorize a person who is a funeral
10director licensed by the State Board of Funeral Directors, an
11eye bank technician or medical student, if the person has
12successfully completed a course in eye enucleation approved by
13the State Board of Medical Education and Licensure, or an eye
14bank technician or medical student trained under a program in
15the sterile technique for eye enucleation approved by the State
16Board of Medical Education and Licensure to enucleate eyes for
17an eye bank for the gift after certification of death by a
18physician. A qualified funeral director, eye bank technician or
19medical student acting in accordance with the terms of this
20subsection shall not have any liability, civil or criminal, for
21the eye enucleation.]

22(d.1) Reliance.--A person may rely on a document of gift or
23amendment thereto as being valid unless that person knows that
24it was not validly executed or was revoked.

25(e) Consent not necessary.--[If a donor card, donor driver's
26license, living will, durable power of attorney or other
27document of gift evidencing a gift of organs or tissue has been
28executed,] A donor's gift of all or any part of the individual's 
29body, including a designation on a driver's license or 
30identification card, donor card, advance health care directive, 

1will or other document of gift, may not be revoked by the next-
2of-kin or other persons identified in section 8611(b). The 
3consent of any person [designated in section 8611(b)] at the
4time of the donor's death or immediately thereafter is not
5necessary to render the gift valid and effective.

6* * *

7(g) Validity.--A document of gift is valid if executed in
8accordance with:

9(1) this chapter;

10(2) the law of the state or country where it was
11executed; or

12(3) the law of the state or country where, at the time
13of execution of the document of gift, the person making the
14anatomical gift:

15(i) is domiciled;

16(ii) has a place of residence; or

17(iii) is a citizen.

18(h) Choice of law.--If a document of gift is valid under
19this section, the law of this Commonwealth governs
20interpretation of the document.

21Section 3. Section 8615 of Title 20 is amended by adding
22subsections to read:

23§ 8615. Amendment or revocation of gift.

24* * *

25(d) Effectiveness of revocation.--A revocation made under
26this chapter shall take effect if, 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, the applicable
29organ procurement organization, transplant hospital or physician
30or technician knows of the revocation.

1(e) Revocation not a refusal.--A revocation made under this
2chapter shall be effective if the applicable organ procurement
3organization, tissue bank, eye bank or transplant hospital knows
4of, and can reasonably communicate, the revocation to the
5involved physicians or technicians before an incision has been
6made to remove a part from the donor's body or before invasive
7procedures have begun to prepare the recipient.

8Section 4. Sections 8616(b), (c) and (d), 8617, 8619, 8621,
98622, 8623 and 8624 of Title 20 are amended to read:

10§ 8616. Rights and duties at death.

11* * *

12(b) Physicians.--The time of death shall be determined by a
13physician who tends the donor at his death or, if none, the
14physician who certifies the death. [The physician or person who
15certifies death or any of his professional partners or
16associates shall not participate in the procedures for removing
17or transplanting a part.]

18(c) Certain liability limited.--A person who acts in good
19faith in accordance with the terms of this subchapter or with
20the anatomical gift laws of another state or a foreign country
21is not liable for damages in any civil action or subject to
22prosecution in any criminal proceeding for his act. Neither a 
23person making an anatomical gift nor a donor's estate shall be 
24liable for injury or damage which results from the making or use 
25of the anatomical gift. In determining whether an anatomical 
26gift has been made, amended or revoked under this chapter, a 
27person may rely upon representations of an individual listed in 
28section 8611(b) relating to the individual's relationship to the 
29donor or prospective donor unless the person knows that the 
30representation is untrue.

1(d) Law on autopsies applicable.--The provisions of this
2subchapter are subject to the laws of this Commonwealth
3prescribing powers and duties with respect to autopsies.
4Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history 
5record information), an organ procurement organization is 
6authorized to obtain a copy of an autopsy report in a timely 
7fashion upon request and payment of reasonable copying fees.

8§ 8617. Requests for anatomical gifts.

9[(a) Procedure.--On or before the occurrence of each death
10in an acute care general hospital, the hospital shall make
11contact with the regional organ procurement organization in
12order to determine the suitability for organ, tissue and eye
13donation for any purpose specified under this subchapter. This
14contact and the disposition shall be noted on the patient's
15medical record.

16(b) Limitation.--If the hospital administrator or his
17designee has received actual notice of opposition from any of
18the persons named in section 8611(b) (relating to persons who
19may execute anatomical gift) and the decedent was not in
20possession of a validly executed donor card, the gift of all or
21any part of the decedent's body shall not be requested.

22(c) Donor card.--Notwithstanding any provision of law to the
23contrary, the intent of a decedent to participate in an organ
24donor program as evidenced by the possession of a validly
25executed donor card, donor driver's license, living will,
26durable power of attorney or other document of gift shall not be
27revoked by any member of any of the classes specified in section
288611(b).

29(d) Identification of potential donors.--Each acute care
30general hospital shall develop within one year of the date of

1final enactment of this section, with the concurrence of the
2hospital medical staff, a protocol for identifying potential
3organ and tissue donors. It shall require that, at or near the
4time of every individual death, all acute care general hospitals
5contact by telephone their regional organ procurement
6organization to determine suitability for organ, tissue and eye
7donation of the individual in question. The person designated by
8the acute care general hospital to contact the organ procurement
9organization shall have the following information available
10prior to making the contact:

11(1) The patient's identifier number.

12(2) The patient's age.

13(3) The cause of death.

14(4) Any past medical history available.

15The organ procurement organization, in consultation with the
16patient's attending physician or his designee, shall determine
17the suitability for donation. If the organ procurement
18organization in consultation with the patient's attending
19physician or his designee determines that donation is not
20appropriate based on established medical criteria, this shall be
21noted by hospital personnel on the patient's record, and no
22further action is necessary. If the organ procurement
23organization in consultation with the patient's attending
24physician or his designee determines that the patient is a
25suitable candidate for anatomical donation, the acute care
26general hospital shall initiate a request by informing the
27persons and following the procedure designated under section
288611(b) of the option to donate organs, tissues or eyes. The
29person initiating the request shall be an organ procurement
30organization representative or a designated requestor. The organ

1procurement organization representative or designated requestor
2shall ask persons pursuant to section 8611(b) whether the
3deceased was an organ donor. If the person designated under
4section 8611(b) does not know, then this person shall be
5informed of the option to donate organs and tissues. The
6protocol shall encourage discretion and sensitivity to family
7circumstances in all discussions regarding donations of tissue
8or organs. The protocol shall take into account the deceased
9individual's religious beliefs or nonsuitability for organ and
10tissue donation.

11(e) Tissue procurement.--

12(1) The first priority use for all tissue shall be
13transplantation.

14(2) Upon Department of Health approval of guidelines
15pursuant to subsection (f)(1)(ii), all acute care general
16hospitals shall select at least one tissue procurement
17provider. A hospital shall notify the regional organ
18procurement organization of its choice of tissue procurement
19providers. If a hospital chooses more than one tissue
20procurement provider, it may specify a rotation of referrals
21by the organ procurement organization to the designated
22tissue procurement providers.

23(3) Until the Department of Health has approved
24guidelines pursuant to subsection (f)(1)(ii), tissue
25referrals at each hospital shall be rotated in a proportion
26equal to the average rate of donors recovered among the
27tissue procurement providers at that hospital during the two-
28year period ending August 31, 1994.

29(4) The regional organ procurement organization, with
30the assistance of tissue procurement providers, shall submit

1an annual report to the General Assembly on the following:

2(i) The number of tissue donors.

3(ii) The number of tissue procurements for
4transplantation.

5(iii) The number of tissue procurements recovered
6for research by each tissue procurement provider
7operating in this Commonwealth.

8(f) Guidelines.--

9(1) The Department of Health, in consultation with organ
10procurement organizations, tissue procurement providers and
11the Hospital Association of Pennsylvania, donor recipients
12and family appointed pursuant to section 8622(c)(3) (relating
13to The Governor Robert P. Casey Memorial Organ and Tissue
14Donation Awareness Trust Fund) shall, within six months of
15the effective date of this chapter, do all of the following:

16(i) Establish guidelines regarding efficient
17procedures facilitating the delivery of anatomical gift
18donations from receiving hospitals to procurement
19providers.

20(ii) Develop guidelines to assist hospitals in the
21selection and designation of tissue procurement
22providers.

23(2) Each organ procurement organization and each tissue
24procurement provider operating within this Commonwealth
25shall, within six months of the effective date of this
26chapter, file with the Department of Health, for public
27review, its operating protocols.]

28(a) Procedure.--

29(1) A hospital located in this Commonwealth shall notify
30the applicable designated organ procurement organization or a

1third party designated by that organization of an individual
2whose death is imminent or who has died in the hospital.
3Notification shall be made in a timely manner to ensure that
4examination, evaluation and ascertainment of donor status as
5set forth in subsection (d) can be completed within a time
6frame compatible with the donation of organs and tissues for
7transplant. The notification shall be made without regard to
8whether the person has executed an advance directive for
9health care.

10(2) The following shall apply to coroners and medical
11examiners:

12(i) Except as set forth in subparagraph (ii), a
13coroner or medical examiner shall notify the applicable
14designated organ procurement organization of a person's
15death in accordance with a mutually agreed-upon protocol.
16Notification shall be made in a timely manner to ensure
17that examination, evaluation and ascertainment of donor
18status as set forth in subsection (d) can be completed
19within a time frame compatible with the recovery of
20tissues for transplant.

21(ii) Notification under this paragraph shall not be
22made if:

23(A) the decedent was admitted to the hospital at
24or around the time of death; or

25(B) the notification to the coroner or medical
26examiner occurred more than 18 hours following the
27estimated time of the decedent's death.

28(b) Referrals.--If an organ procurement organization
29receives a referral of an individual whose death is imminent or
30who has died, the organ procurement organization shall make a

1reasonable search of the records of the Donate Life PA Registry
2or the applicable State donor registry that it knows exists for
3the geographic area in which the individual resided or resides
4in order to ascertain whether the individual has made an
5anatomical gift.

6(c) Document of gift.--

7(1) If the referred patient has a document of gift,
8including registration with the Donate Life PA Registry, the
9procurement organization representative or the designated
10requestor shall attempt to notify a person listed in section
118611(b) (relating to persons who may execute anatomical gift)
12of the gift.

13(2) If no document of gift is known to the procurement
14organization representative or the designated requestor, one
15of these two individuals shall ask the persons listed in
16section 8611(b) whether the decedent had a validly executed
17document of gift. If there is no evidence of an anatomical
18gift by the decedent, the procurement organization
19representative or the designated requestor shall notify a
20person listed in section 8611(b) of the option to donate
21organs and tissues.

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) the name of the person granting or refusing the
28gift and that person's relationship to the decedent.

29(d) Testing.--

30(1) This subsection shall apply if:

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

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

7(2) If the requirements of paragraph (1) are met, the
8following shall apply:

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

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

19(B) as required or permitted by law.

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

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

29(B) has ascertained that the individual
30expressed a known objection.

1(e) Testing after death.--After a donor's death, a person to
2whom an anatomical gift may pass under section 8612 (relating to
3persons who may become donees; purposes for which anatomical
4gifts may be made) may conduct a test or examination which is
5reasonably necessary to evaluate the medical suitability of the
6body or part for its intended purpose.

7(f) Scope.--An examination conducted under this section may
8include copying of records necessary to determine the medical
9suitability of the body or part. This subsection includes
10medical, dental and other health-related records.

11(f.1) Recipients.--

12(1) Subject to the provisions of this chapter, the
13rights of the person to whom a part passes under section 8612
14shall be superior to the rights of all others with respect to
15the part. The person may accept or reject an anatomical gift
16in whole or in part.

17(2) Subject to the terms of the document of gift and
18this chapter, a person that accepts an anatomical gift of an
19entire body may allow embalming, burial or cremation and the
20use of remains in a funeral service. If the gift is of a
21part, the person to whom the part passes under section 8612,
22upon the death of the donor and before embalming, burial or
23cremation, shall cause the part to be removed without
24unnecessary mutilation.

25(f.2) Physicians.--

26(1) Neither the physician who attends the decedent at
27death nor the physician who determines the time of the
28decedent's death may participate in the procedures for
29removing or transplanting a part from the decedent.

30(2) Subject to paragraph (1), a physician or technician

1may remove a donated part from the body of a donor that the
2physician or technician is qualified to remove.

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

4(1) A hospital shall enter into agreements or
5affiliations with organ procurement organizations for
6coordination of procurement and use of anatomical gifts.

7(2) A person, including a coroner or medical examiner,
8that seeks to facilitate the making of an anatomical gift for
9the purposes of transplantation or therapy from a decedent
10who was not a hospital patient at the time of death shall
11notify the applicable designated organ procurement
12organization at or around the time of the person's death in
13order to allow that organization to evaluate the potential
14donation and, if applicable, coordinate the donation process.

15(g) Death record review.--

16(1) The Department of Health shall make annual death
17record reviews at acute care general hospitals to determine
18their compliance with subsection (d).

19(2) To conduct a review of an acute care general
20hospital, the following apply:

21(i) The [Department of Health] department shall
22select to carry out the review the Commonwealth-licensed
23organ procurement organization designated by the [Health
24Care Financing Administration] Centers for Medicare and 
25Medicaid Services for the region within which the acute
26care general hospital is located. For an organ
27procurement organization to be selected under this
28subparagraph, the organization must not operate nor have
29an ownership interest in an entity which provides all of
30the functions of a tissue procurement provider.

1(ii) If there is no valid selection under
2subparagraph (i) or if the organization selected under
3subparagraph (i) is unwilling to carry out the review,
4the department shall select to carry out the review any
5other Commonwealth-licensed organ procurement
6organization. For an organ procurement organization to be
7selected under this subparagraph, the organization must
8not operate nor have an ownership interest in an entity
9which provides all of the functions of a tissue
10procurement provider.

11(iii) If there is no valid selection under
12subparagraph (ii) or if the organization selected under
13subparagraph (ii) is unwilling to carry out the review,
14the department shall carry out the review using trained
15department personnel.

16(3) There shall be no cost assessed against a hospital
17for a review under this subsection.

18(4) If the department finds, on the basis of a review
19under this subsection, that a hospital is not in compliance
20with subsection (d), the department may impose an
21administrative fine of up to $500 for each instance of
22noncompliance. A fine under this paragraph is subject to 2 
23Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
24Commonwealth agencies) and Ch. 7 Subch. A (relating to
25judicial review of Commonwealth agency action). Fines
26collected under this paragraph shall be deposited into the
27fund.

28(5) An organ procurement organization may, upon request
29and payment of associated fees, obtain certified copies of
30death records of a donor from the Division of Vital Records

1of the department.

2(h) Definitions.--As used in this section, the following
3words and phrases shall have the meanings given to them in this
4subsection:

5"Designated requestor." A hospital employee completing a
6course offered by [an] a designated organ procurement
7organization on how to approach potential donor families and
8request organ or tissue donation.

9"Noncompliance." Any failure on the part of a hospital to
10contact an organ procurement organization as required under
11subsection (d).

12§ 8619. Use of driver's license or identification card to
13indicate organ or tissue donation.

14(a) General rule.--Beginning as soon as practicable, but no
15later than January 1, 1995, or one year following the effective
16date of this section, whichever is later, the Department of
17Transportation shall redesign the driver's license and
18identification card application system to process requests for
19information regarding consent of the individual to organ or
20tissue donation. The following question shall be asked:

21Do you wish to have the organ donor designation printed
22on your driver's license?

23Only an affirmative response of an individual shall be noted on
24the front of the driver's license or identification card and
25shall clearly indicate the individual's intent to donate his
26organs or tissue. A notation on an individual's driver's license
27or identification card that he intends to donate his organs or
28tissue is deemed sufficient to satisfy all requirements for
29consent to organ or tissue donation. The department shall record 
30and store all organ donor designations in the Donate Life PA 

1Registry, regardless of whether a driver's license or 
2identification card is issued. The recorded and stored 
3designation is sufficient to satisfy all requirements for 
4consent to organ and tissue donation.

5(b) Electronic access.--The organ procurement organizations
6designated by the Federal Government in the Commonwealth of
7Pennsylvania as part of the nationwide organ procurement network
8[may] shall be given 24-hour-a-day electronic access to
9information necessary to confirm an individual's organ donor
10status through the Department of Transportation's driver
11licensing database. Necessary information shall include the
12individual's name, address, date of birth, driver's license
13number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114
14(relating to limitation on sale, publication and disclosure of
15records), the Department of Transportation is authorized to
16provide the organ procurement organizations, after a written
17agreement between the Department of Transportation and the organ
18procurement organizations is first obtained, with the foregoing
19information. The organ procurement organization shall not use
20such information for any purpose other than to confirm an
21individual's organ donor status at or near or after an
22individual's death. The organ procurement organizations shall
23not be assessed the fee for such information prescribed by 75 
24Pa.C.S. § 1955(a) (relating to information concerning drivers
25and vehicles).

26§ 8621. The Governor Robert P. Casey Memorial Organ and Tissue
27Donation Awareness Trust Fund contributions.

28(a) Driver's license.--Beginning as soon as practicable, but
29no later than [January 1, 1995] July 1, 2013, the Department of
30Transportation shall provide an applicant for an original or

1renewal driver's license or identification card the opportunity
2to make a contribution of [$1] $2 to the fund. The contribution
3shall be added to the regular fee for an original or renewal
4driver's license or identification card. One contribution may be
5made for each issuance or renewal of a license or identification
6card. Contributions shall be used exclusively for the purposes
7set out in section 8622 (relating to The Governor Robert P.
8Casey Memorial Organ and Tissue Donation Awareness Trust Fund).
9The Department of Transportation shall monthly determine the
10total amount designated under this section and shall report that
11amount to the State Treasurer, who shall transfer that amount to
12The Governor Robert P. Casey Memorial Organ and Tissue Donation
13Awareness Trust Fund.

14(b) Vehicle registration.--The Department of Transportation
15shall provide an applicant for a renewal vehicle registration
16the opportunity to make a contribution of [$1] $2 to The
17Governor Robert P. Casey Memorial Organ and Tissue Donation
18Awareness Trust Fund. The contribution shall be added to the
19regular fee for a renewal of a vehicle registration. One
20contribution may be made for each renewal vehicle registration.
21Contributions shall be used exclusively for the purposes
22described in section 8622. The Department of Transportation
23shall monthly determine the total amount designated under this
24section and shall report that amount to the State Treasurer, who
25shall transfer that amount to The Governor Robert P. Casey
26Memorial Organ and Tissue Donation Awareness Trust Fund. The
27Governor Robert P. Casey Memorial Organ and Tissue Donation
28Awareness Trust Fund shall reimburse the department for the
29initial costs incurred in the development and implementation of
30the contribution program under this subsection in an amount of 

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

15(c) Internet website.--Within one year of the effective date
16of this subsection, the official Internet website of the
17department shall provide links through which individuals may
18make voluntary contributions of at least $1 to the fund,
19electronically and by paper. The links shall be provided at
20least in connection with the issuance of driver's licenses,
21personal identification cards and registration of motor
22vehicles.

23§ 8622. The Governor Robert P. Casey Memorial Organ and Tissue
24Donation Awareness Trust Fund.

25(a) Establishment.--All contributions received by the
26Department of Transportation under section 8621 (relating to The
27Governor Robert P. Casey Memorial Organ and Tissue Donation
28Awareness Trust Fund contributions) [and the Department of
29Revenue under section 8618 (relating to voluntary contribution
30system)] and the Department of Health under section 8617

1(relating to requests for anatomical gifts) shall be deposited
2into a special fund in the State Treasury to be known as The
3Governor Robert P. Casey Memorial Organ and Tissue Donation
4Awareness Trust Fund, which is hereby established.

5(b) Appropriation.--All moneys deposited in the fund and
6interest which accrues from those funds are appropriated on a
7continuing basis subject to the approval of the Governor to
8compensate the Department of Transportation, the Department of
9Health and the Department of Revenue for actual costs related to
10implementation of this chapter, including all costs of the Organ
11and Tissue Donation Advisory Committee created in subsection
12(c). Any remaining funds are appropriated subject to the
13approval of the Governor for the following purposes:

14(1) [10%] Ten percent of the total fund may be expended
15annually by the Department of Health for reasonable hospital
16and other medical expenses, funeral expenses and incidental
17expenses incurred by the donor or donor's family in
18connection with making [a vital organ donation] an organ or 
19tissue donation, along with programming, to provide support 
20services to organ and tissue donors and their families, such 
21as bereavement counseling services. Such expenditures shall
22not exceed $3,000 per donor and shall only be made directly
23to the funeral home, hospital or other service provider
24related to the donation. No part of the fund shall be
25transferred directly to the donor's family, next of kin or
26estate. The advisory committee shall develop procedures,
27including the development of a pilot program, necessary for
28effectuating the purposes of this paragraph.

29(2) [50%] Fifty percent may be expended for grants to
30certified organ procurement organizations for the development

1and implementation of organ donation awareness programs in
2this Commonwealth. The Department of Health shall develop and
3administer this grant program, which is hereby established.

4(3) [15%] Fifteen percent may be expended by the
5Department of Health, in cooperation with certified organ
6procurement organizations, for the Project-Make-A-Choice
7program, which shall include information pamphlets designed
8by the Department of Health relating to organ donor awareness
9and the laws regarding organ donation, public information and
10public education about contributing to the fund when
11obtaining or renewing a driver's license and when completing
12a State individual income tax return form.

13(4) [25%] Twenty-five percent may be expended by the
14Department of Education for the implementation of organ
15donation awareness programs in the secondary schools in this
16Commonwealth.

17[(c) Advisory committee.--The Organ Donation Advisory
18Committee is hereby established, with membership as follows:

19(1) Two representatives of organ procurement
20organizations.

21(2) Two representatives of tissue procurement providers.

22(3) Six members representative of organ, tissue and eye
23recipients, families of recipients and families of donors.

24(4) Three representatives of acute care hospitals.

25(5) One representative of the Department of Health.

26(6) One representative of eye banks.

27All members shall be appointed by the Governor. Appointments
28shall be made in a manner that provides representation of the
29northwest, north central, northeast, southwest, south central
30and southeast regions of this Commonwealth. Members shall serve

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

20(c) Advisory committee.--

21(1) The Organ and Tissue Donation Advisory Committee is
22established. Membership shall be as follows:

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

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

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

26(iv) One representative from each designated organ
27procurement organization.

28(v) Two representatives of tissue procurement
29providers.

30(vi) Six members representative of:

1(A) organ, tissue and eye recipients;

2(B) families of recipients;

3(C) donors; and

4(D) families of donors.

5(vii) Two representatives of acute care hospitals
6which are:

7(A) licensed in this Commonwealth; and

8(B) members of the Statewide association
9representing the interests of hospitals throughout
10this Commonwealth.

11(viii) One representative of eye banks.

12(ix) One representative of community health
13organizations.

14(2) A member under paragraph (1)(i), (ii) and (iii)
15shall serve ex officio.

16(3) For a member under paragraph (1)(iv), (v), (vi),
17(vii), (viii) and (ix), the following apply:

18(i) Members shall be appointed in a manner which
19reflects geographic diversity. Input on the selection of
20the representatives under paragraph (1)(vii) shall be
21sought from the Statewide association referred to in
22paragraph (1)(vii)(B).

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

24(iii) The Governor may reappoint an advisory
25committee member for successive terms.

26(iv) A member shall remain in office until a
27successor is appointed and qualified.

28(v) If a vacancy occurs prior to completion of a
29term, the Governor shall appoint a member to fill the
30unexpired term in the same manner as the vacating member

1was appointed.

2(4) The advisory committee shall meet at least
3biannually to do all of the following:

4(i) Review progress in the area of organ and tissue
5donation in this Commonwealth.

6(ii) Recommend education and awareness training
7programs.

8(iii) Recommend priorities in expenditures from the
9fund.

10(iv) Advise the Secretary of Health on matters
11relating to administration of the fund.

12(v) Recommend legislation as necessary to fulfill
13the purposes of this chapter.

14(5) The advisory committee shall submit a report
15concerning its activities and progress to the Secretary of
16the Senate and the Chief Clerk of the House of
17Representatives by October 31 of each even-numbered year.

18(6) The Department of Health shall reimburse members of
19the advisory committee only for necessary and reasonable
20travel and other expenses incurred in the performance of
21their duties under this subsection.

22(d) Reports.--The Department of Health, the Department of 
23Transportation and the Department of Education shall submit an
24annual report to the General Assembly on expenditures of fund
25moneys and any progress made in [reducing the number of
26potential donors who were not identified] increasing the number 
27of donor designations.

28[(e) Definition.--As used in this section, the term "vital 
29organ" means a heart, lung, liver, kidney, pancreas, small
30bowel, large bowel or stomach for the purpose of

1transplantation.]

2(f) Lead Commonwealth agency.--

3(1) The Department of Health shall be the lead
4Commonwealth agency responsible for promoting organ and
5tissue donation in this Commonwealth and shall coordinate
6activities among other collaborating Commonwealth agencies.

7(2) Within the Department of Health there is established
8a full-time position of Organ and Tissue Donation Awareness
9Program Coordinator.

10(i) The Department of Health shall be reimbursed by
11The Governor Robert P. Casey Memorial Organ and Tissue
12Donation Awareness Trust Fund for the actual cost of the
13program coordinator position.

14(ii) The program coordinator has the following
15powers and duties:

16(A) Assist in administration of the fund.

17(B) Serve as a full-time liaison to the advisory
18committee and assist the advisory committee in
19program development, projects, funding proposals and
20priorities.

21(C) Serve as liaison with other Commonwealth
22agencies. This clause shall include working with the
23Department of Transportation to ensure that driver's
24license centers promote organ and tissue donation and
25comply with agreed-upon arrangements to display
26information and materials.

27(D) Assist designated organ procurement
28organizations in their collaborations with other
29Commonwealth agencies.

30§ 8623. Confidentiality requirement.

1The identity of the donor and of the recipient may not be
2communicated unless expressly authorized by [the recipient and
3next of kin of the decedent.]:

4(1) the recipient; and

5(2) if the donor is alive, the donor, or if the donor is
6deceased, the next of kin of the donor.

7§ 8624. Prohibited activities.

8[(a) Affiliates.--No organ procurement organization selected
9by the Department of Health under section 8617(g) (relating to
10requests for anatomical gifts) to conduct annual death reviews
11may use that review authority or any powers or privileges
12granted thereby to coerce or attempt to coerce a hospital to
13select the organization or any tissue procurement provider
14contractually affiliated with the organization as a designated
15tissue procurement provider under section 8617(e).

16(b) Unfair acts.--No organ procurement organization or
17tissue procurement provider may disparage the services or
18business of other procurement providers by false or misleading
19representations of fact, engage in any other fraudulent conduct
20to influence the selection by a hospital of a qualified tissue
21procurement provider nor engage in unlawful competition or
22discrimination. This subsection is not intended to restrict or
23preclude any organ procurement organization or tissue
24procurement provider from marketing or promoting its services in
25the normal course of business.]

26(a) Procurement organizations.--

27(1) A procurement organization shall not do any of the
28following:

29(i) Disparage the services or business of another
30procurement organization by false or misleading

1representations of fact.

2(ii) Engage in fraudulent conduct to influence the
3selection by a hospital of a tissue bank or eye bank.

4(iii) Engage in unlawful competition or
5discrimination.

6(2) This subsection is not intended to restrict or
7preclude an organ procurement organization from marketing or
8promoting its services in the normal course of business.

9(b) Funeral establishments.--

10(1) Except as set forth in paragraph (2), a funeral
11director or a funeral establishment shall not:

12(i) remove body parts from a corpse;

13(ii) permit others to remove body parts from a
14corpse; or

15(iii) use funeral establishment facilities to remove
16body parts from a corpse.

17(2) Paragraph (1) shall not apply as follows:

18(i) Removal is permissible if it is:

19(A) necessary to perform embalming or other
20services in preparation for burial or cremation; and

21(B) authorized in writing by a family member,
22guardian or other person responsible for disposition
23of the body.

24(ii) Notwithstanding any other provision of law, if
25a donation is authorized under this chapter, a designated
26organ procurement organization and a Pennsylvania
27nonprofit eye bank accredited by the Eye Bank Association
28of America may recover donated ocular tissue, including
29the whole eye, cornea and sclera, and associated blood
30specimens at a funeral establishment.

1(3) If a funeral director is notified by a person
2authorized to make donations under this chapter that the
3person wishes to donate body parts from a corpse within the
4funeral director's custody, the funeral director shall
5immediately notify the organ procurement organization
6designated to serve that region.

7Section 5. Title 20 is amended by adding sections to read:

8§ 8625. Promotion of organ and tissue donation; Donate Life PA
9Registry established.

10(a) Promotion.--The Department of Transportation shall
11ensure access by residents of this Commonwealth to an Internet-
12based interface which promotes organ and tissue donation and
13enables residents 18 years of age or older who hold a
14Pennsylvania driver's license or identification card to register
15as donors and have their decisions immediately integrated into
16the current database maintained by the department. The database
17shall include only affirmative donation decisions.

18(b) Paper form.--

19(1) Within one year of the effective date of this
20section, the department shall establish a system which allows
21individuals who have been issued a driver's license or
22identification card to add their donor designation to the
23Donate Life PA Registry by submitting a form to the
24department.

25(2) Registration shall be provided at no cost to the
26registrant.

27(c) Donate Life PA Registry; name.--The database maintained
28by the department for recording donor designations and Internet-
29based interface established in this section shall be known as
30the Donate Life PA Registry.

1(d) Form and content.--The form and content of the Internet-
2based interface shall be maintained in collaboration with the
3designated organ procurement organizations.

4(e) Effect.--

5(1) Donor information entered into the Donate Life PA
6Registry shall supersede prior conflicting information:

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

8(ii) on the individual's physical driver's license
9or identification card;

10(iii) on an advance health care directive;

11(iv) submitted under section 8611 (relating to
12persons who may execute anatomical gift); or

13(v) submitted under any other statutory provision.

14(2) Registration by a donor shall constitute sufficient
15authorization to donate organs and tissues for
16transplantation and therapy. Authorization of another person
17shall not be necessary to effectuate the anatomical gift.

18(f) Technology.--An information technology system adopted by
19the Department of Transportation after the effective date of
20this section shall continue to accommodate the inclusion of
21donor designation information into the database and the ongoing
22operation of the Donate Life PA Registry.

23§ 8626. Effect of anatomical gift on advance health care
24directive.

25(a) Scope.--This section shall apply if a hospital patient
26who is a prospective donor has executed an advance health care
27directive or otherwise specified by record the circumstances
28under which the patient would want life support withheld or
29withdrawn, and the terms of the advance health care directive or
30other record are in conflict with the option of making an

1anatomical gift by precluding the administration of measures
2necessary to ensure the medical suitability of a part for
3transplantation or therapy.

4(b) Requirements.--If the patient is incapable of resolving
5the conflict, any of the following shall act for the patient to
6resolve the conflict:

7(1) The patient's agent.

8(2) If no agent has been designated by the patient or if
9the agent is not reasonably available, a person authorized by
10law other than this chapter to make decisions on behalf of
11the patient with regard to the patient's health care.

12(c) Resolution.--The parties specified in subsection (b)
13shall seek to resolve the conflict as expeditiously as possible.
14Information relevant to the resolution of the conflict shall be
15obtained from the appropriate organ procurement organization and
16any other person authorized to make an anatomical gift for the
17patient under section 8611 (relating to persons who may execute
18anatomical gift). If the parties cannot resolve the conflict,
19the patient's donor designation or an anatomical gift by a
20person authorized under section 8611 shall control the
21administration of measures necessary to ensure the medical
22suitability of a part for transplantation or therapy.

23(d) Measures.--Measures necessary to ensure the medical
24suitability of the part shall not be withheld or withdrawn from
25the patient prior to resolution of the conflict.

26§ 8627. Facilitation of anatomical gift from decedent whose
27death is under investigation.

28(a) Request by procurement organization.--Organ procurement
29organizations shall in all cases collaborate with the coroner or
30medical examiner to ensure the preservation of forensic evidence

1and collection of photographs and specimens. Notwithstanding the
2provisions set forth in 18 Pa.C.S. Ch. 91 (relating to criminal
3history record information), a coroner or medical examiner
4shall, upon request, release to the organ procurement
5organization the name, contact information and available medical
6and social history of a decedent whose death is under
7investigation. The coroner or medical examiner may permit the
8removal of an anatomical gift authorized under section 8611
9(relating to persons who may execute anatomical gift) from a
10decedent who died under circumstances requiring an
11investigation.

12(b) Collaboration.--If a coroner or medical examiner is
13considering withholding one or more organs of a potential donor
14for any reason, the coroner or medical examiner or his or her
15designee shall, upon request of the organ procurement
16organization, be present during the procedure to remove the
17organs. The coroner or medical examiner or his or her designee
18may request a biopsy of those organs or deny removal of the
19organs if necessary. If the coroner or medical examiner or his
20or her designee denies removal of the organs, the coroner or
21medical examiner shall explain in writing the reasons for
22determining that those organs may be involved in the cause of
23death and the basis for denying recovery of the organ.

24(c) Report.--If requested by the coroner or medical
25examiner, the physician or technician recovering a part under
26this section shall provide a report detailing the condition of
27the part. If appropriate, the report shall include a biopsy,
28photographs or medically approved sample from the part. The
29designated organ procurement organization shall reimburse the
30coroner or medical examiner for the reasonable costs for the

1professional services of the coroner or medical examiner or his
2or her designee associated with attending the recovery.

3§ 8628. Collaboration among departments and organ procurement
4organizations.

5(a) Mandatory.--

6(1) For purposes of the ongoing development and
7implementation of the Donate Life PA Registry, the Department
8of Transportation shall collaborate with the designated organ
9procurement organizations in applying for Federal or private
10grants recommended by the organ procurement organizations.

11(2) The Department of Transportation, in consultation
12with designated organ procurement organizations, shall
13establish an annual education program for employees of the
14Department of Transportation. The program shall focus on:

15(i) benefits associated with organ and tissue
16donations;

17(ii) the scope and operation of the Commonwealth's
18donor program; and

19(iii) how employees can:

20(A) effectively inform the public about the
21donor program; and

22(B) best assist those wishing to participate in
23the donor program, including use of the Donate Life
24PA Registry.

25(b) Discretionary.--Other Commonwealth agencies may
26collaborate with the designated organ procurement organizations
27in applying for Federal or private grants recommended by the
28organ procurement organizations.

29§ 8629. Information relative to organ and tissue donation.

30(a) Curriculum.--The Department of Education, in

1consultation with the designated organ procurement
2organizations, shall review the Commonwealth's educational
3curriculum framework to ensure that information about organ
4donation is included in the standards for students in grades
5nine through 12 beginning with the 2013-2014 school year.

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

7(1) Emphasize the benefits of organ and tissue donation
8to the health and well-being of society generally and to
9individuals whose lives are saved by organ and tissue
10donations so that students will be motivated to make an
11affirmative decision to register as a donor when they become
12adults.

13(2) Fully address myths and misunderstandings regarding
14organ and tissue donation.

15(3) Explain the options available to minors and adults,
16including the option of designating oneself as an organ and
17tissue donor.

18(c) Materials.--The Department of Education shall make
19related instructional materials available to public and
20nonpublic schools educating students in grades nine through 12.
21The General Assembly shall encourage nonpublic schools to use
22the instructional materials. Nothing in this subsection shall be
23construed to require nonpublic schools to use the instructional
24materials.

25(d) Institutions of higher education.--

26(1) Beginning with the 2013-2014 school year, each
27public institution of higher education in this Commonwealth
28shall provide, in collaboration with the designated organ
29procurement organizations, information to its students,
30either through student health services or as part of the

1curriculum, which:

2(i) emphasizes the benefits to the health and well-
3being of society and the lives that are saved through
4organ and tissue donations; and

5(ii) instills knowledge which will enable
6individuals to make informed decisions about registering
7to become an organ and tissue donor.

8(2) Beginning with the 2013-2014 school year, each
9private institution of higher education in this Commonwealth
10is encouraged to provide, in collaboration with the
11designated organ procurement organizations, information to
12its students, either through student health services or as
13part of the curriculum, which:

14(i) emphasizes the benefits to the health and well-
15being of society and the lives that are saved through
16organ and tissue donations; and

17(ii) instills knowledge which will enable
18individuals to make informed decisions about registering
19to become an organ and tissue donor.

20§ 8630. Requirements for physician and nurse training relative
21to organ and tissue donation and recovery.

22(a) Regulations.--The State Board of Medicine, the State
23Board of Osteopathic Medicine and the State Board of Nursing
24shall, in collaboration with the designated organ procurement
25organizations, promulgate regulations stating the following
26requirements for physician and professional nurse training:

27(1) The curriculum in each college of medicine or
28osteopathy or educational program of professional nursing in
29this Commonwealth shall include two hours of instruction in
30organ and tissue donation and recovery designed to address

1clinical aspects of the donation and recovery process.

2(2) Successful completion of organ and tissue donation
3and recovery instruction under paragraph (1) shall be
4required as a condition of receiving the degree of doctor of
5medicine or doctor of osteopathy or a degree in professional
6nursing, in this Commonwealth.

7(3) A college of medicine or osteopathy or nursing
8program which includes instruction in organ and tissue
9donation and recovery under paragraph (1) in its curricula
10shall offer this training for continuing education credit.

11(b) Statement of policy.--The State Board of Medicine, the
12State Board of Osteopathic Medicine and the State Board of
13Nursing shall issue a statement of policy encouraging physicians
14and nurses who, prior to the effective date of this section,
15were not required to receive and did not receive instruction in
16organ and tissue donation and recovery as part of a medical,
17osteopathic or nursing school curriculum to complete the
18training within three years after the effective date of this
19section. The training may be completed through an online,
20credit-based course developed by or for the designated organ
21procurement organizations, in collaboration with representative
22professional medical, osteopathic and nursing organizations in
23this Commonwealth.

24§ 8631. Uniformity of application and construction.

25In applying and construing the provisions of this chapter,
26consideration shall be given to the need to promote uniformity
27of the law with respect to its subject matter among those states
28which enact a uniform act.

29§ 8632. Relation to Electronic Signatures in Global and
30National Commerce Act.

1This chapter modifies, limits and supersedes the Electronic
2Signatures in Global and National Commerce Act (Public Law 106-
3229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify,
4limit or supersede section 101(c) of the Electronic Signatures
5in Global and National Commerce Act or authorize electronic
6delivery of any of the notices described in section 103(b) of
7the Electronic Signatures in Global and National Commerce Act.

8Section 6. Subchapter C of Chapter 86 of Title 20 is
9repealed:

10[SUBCHAPTER C

11CORNEAL TRANSPLANTS

12Sec.

138641. Removal of corneal tissue permitted under certain
14circumstances.

158642. Limitation of liability.

16§ 8641. Removal of corneal tissue permitted under certain
17circumstances.

18(a) General rule.--On a request from an authorized official
19of an eye bank for corneal tissue, a coroner or medical examiner
20may permit the removal of corneal tissue if all of the following
21apply:

22(1) The decedent from whom the tissue is to be removed
23died under circumstances requiring an inquest.

24(2) The coroner or medical examiner has made a
25reasonable effort to contact persons listed in section 8611
26(relating to persons who may execute anatomical gift).

27(3) No objection by a person listed in section 8611 is
28known by the coroner or medical examiner.

29(4) The removal of the corneal tissue will not interfere
30with the subsequent course of an investigation or autopsy or

1alter the decedent's postmortem facial appearance.

2(b) Definition.--As used in this section, the term "eye 
3bank" means a nonprofit corporation chartered under the laws of
4this Commonwealth to obtain, store and distribute donor eyes to
5be used by physicians or surgeons for corneal transplants,
6research or other medical purposes and the medical activities of
7which are directed by a physician or surgeon in this
8Commonwealth.

9§ 8642. Limitation of liability.

10A person who acts in good faith in accordance with the
11provisions of this subchapter shall not be subject to criminal
12or civil liability arising from any action taken under this
13subchapter. The immunity provided by this section shall not
14extend to persons if damages result from the gross negligence,
15recklessness or intentional misconduct of the person.]

16Section 7. This act shall take effect in 60 days.