Bill Text: PA HB1477 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for persons who may execute anatomical gifts, for manner of executing anatomical gifts and for use of driver's license or identification card to indicate anatomical donation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-12 - Referred to TRANSPORTATION [HB1477 Detail]

Download: Pennsylvania-2009-HB1477-Introduced.html

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PRINTER'S NO. 1839
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1477 Session of2009
INTRODUCED BY CASORIO, BRENNAN, CALTAGIRONE, CLYMER, CREIGHTON, CUTLER, DEASY, GODSHALL, GRUCELA, HELM, JOSEPHS, KOTIK, McGEEHAN, MILLER, MILNE, MOUL, MURT, PALLONE, QUINN, READSHAW, REICHLEY, SIPTROTH, VULAKOVICH AND YOUNGBLOOD, MAY 12, 2009
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 12, 2009
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, further providing for
persons who may execute anatomical gifts, for manner of
executing anatomical gifts and for use of driver's license or
identification card to indicate anatomical donation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8611 of Title 20 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 8611. Persons who may execute anatomical gift.
* * *
(f) Predonation and postdonation verification.--
(1) A donor may at any time:
(i) Obtain verification from the Department of
Transportation of the donor's anatomical donation status
or type of donation selected and maintained in the
Department of Transportation's driver licensing database.
(ii) Change the type of donation selected and
maintained in the Department of Transportation's driver
licensing database.
(2) Any person entitled to donate the anatomy of a
decedent may, after the death of the decedent, verify from
the Department of Transportation the decedent's anatomical
donation status or type. After the donation, the person has
the right to receive from the organ procurement organization
verification of which portions of the body were accepted or
whether the whole body was accepted.
Section 2. Sections 8613(f) and 8619 of Title 20 are amended
to read:
§ 8613. Manner of executing anatomical gifts.
* * *
(f) Documentation of gifts by others.--
(1) Any gift by a person designated in section 8611(b)
shall be made by a document signed by [him or made by his
telegraphic, recorded telephonic or other recorded message.]
the person.
(2) For purposes of this subsection, a facsimile
signature shall be acceptable.
§ 8619. Use of driver's license or identification card to
indicate [organ or tissue] anatomical donation.
(a) General rule.--Beginning as soon as practicable, [but no
later than January 1, 1995, or one year following the effective
date of this section, whichever is later,] the Department of
Transportation shall redesign the driver's license and
identification card application system to process requests for
information regarding consent of the individual to [organ or
tissue] whole-body donation or any combination of the following
types: organ, tissue or eye donation. The following question
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shall be asked:
Do you wish to have the [organ] anatomical donor designation
printed on your driver's license?
Only an affirmative response of an individual shall be noted on
the front of the driver's license or identification card and
shall clearly indicate the individual's intent to [donate his
organs or tissue.] make an anatomical donation. A notation on an
individual's driver's license or identification card that he
intends to [donate his organs or tissue] make an anatomical
donation is deemed sufficient to satisfy all requirements for
consent to [organ or tissue donation.] whole-body donation or
any combination of the following types: organ, tissue or eye, as
applicable.
(b) Electronic access.--The organ procurement organizations
designated by the Federal Government in the Commonwealth of
Pennsylvania as part of the nationwide organ procurement network
may be given 24-hour-a-day electronic access to information
necessary to confirm an individual's [organ] anatomical donor
status through the Department of Transportation's driver
licensing database. Necessary information shall include the
individual's name, address, date of birth, driver's license
number and [organ] anatomical donor status[.], specifying
whether the individual intends to make one of the following
donations: whole-body or any combination of the following types:
organ, tissue or eye. Notwithstanding 75 Pa.C.S. § 6114
(relating to limitation on sale, publication and disclosure of
records, the Department of Transportation is authorized to
provide the organ procurement organizations, after a written
agreement between the Department of Transportation and the organ
procurement organizations is first obtained, with the foregoing
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information. The organ procurement organization shall not use
such information for any purpose other than to confirm an
individual's [organ] anatomical donor status at or near or after
an individual's death. The organ procurement organizations shall
not be assessed the fee for such information prescribed by 75
Pa.C.S. § 1955(a) (relating to information concerning drivers
and vehicles).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Organ." A heart, lung, liver, kidney, pancreas, small
bowel, large bowel or stomach for the purpose of
transplantation.
"Tissue." A portion of the human body other than an organ or
an eye, including, but not limited to, bone and bone marrow.
Section 3. The amendment of 20 Pa.C.S. § 8619 shall apply to
driver's licenses and identification cards issued or renewed by
the Department of Transportation 12 months after the effective
date of this section.
Section 4. This act shall take effect in 60 days.
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