| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| 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 |
| |
1 | Amending Title 20 (Decedents, Estates and Fiduciaries) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | persons who may execute anatomical gifts, for manner of |
4 | executing anatomical gifts and for use of driver's license or |
5 | identification card to indicate anatomical donation. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 8611 of Title 20 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding a subsection to read: |
10 | § 8611. Persons who may execute anatomical gift. |
11 | * * * |
12 | (f) Predonation and postdonation verification.-- |
13 | (1) A donor may at any time: |
14 | (i) Obtain verification from the Department of |
15 | Transportation of the donor's anatomical donation status |
16 | or type of donation selected and maintained in the |
17 | Department of Transportation's driver licensing database. |
18 | (ii) Change the type of donation selected and |
|
1 | maintained in the Department of Transportation's driver |
2 | licensing database. |
3 | (2) Any person entitled to donate the anatomy of a |
4 | decedent may, after the death of the decedent, verify from |
5 | the Department of Transportation the decedent's anatomical |
6 | donation status or type. After the donation, the person has |
7 | the right to receive from the organ procurement organization |
8 | verification of which portions of the body were accepted or |
9 | whether the whole body was accepted. |
10 | Section 2. Sections 8613(f) and 8619 of Title 20 are amended |
11 | to read: |
12 | § 8613. Manner of executing anatomical gifts. |
13 | * * * |
14 | (f) Documentation of gifts by others.-- |
15 | (1) Any gift by a person designated in section 8611(b) |
16 | shall be made by a document signed by [him or made by his |
17 | telegraphic, recorded telephonic or other recorded message.] |
18 | the person. |
19 | (2) For purposes of this subsection, a facsimile |
20 | signature shall be acceptable. |
21 | § 8619. Use of driver's license or identification card to |
22 | indicate [organ or tissue] anatomical donation. |
23 | (a) General rule.--Beginning as soon as practicable, [but no |
24 | later than January 1, 1995, or one year following the effective |
25 | date of this section, whichever is later,] the Department of |
26 | Transportation shall redesign the driver's license and |
27 | identification card application system to process requests for |
28 | information regarding consent of the individual to [organ or |
29 | tissue] whole-body donation or any combination of the following |
30 | types: organ, tissue or eye donation. The following question |
|
1 | shall be asked: |
2 | Do you wish to have the [organ] anatomical donor designation |
3 | printed on your driver's license? |
4 | Only an affirmative response of an individual shall be noted on |
5 | the front of the driver's license or identification card and |
6 | shall clearly indicate the individual's intent to [donate his |
7 | organs or tissue.] make an anatomical donation. A notation on an |
8 | individual's driver's license or identification card that he |
9 | intends to [donate his organs or tissue] make an anatomical |
10 | donation is deemed sufficient to satisfy all requirements for |
11 | consent to [organ or tissue donation.] whole-body donation or |
12 | any combination of the following types: organ, tissue or eye, as |
13 | applicable. |
14 | (b) Electronic access.--The organ procurement organizations |
15 | designated by the Federal Government in the Commonwealth of |
16 | Pennsylvania as part of the nationwide organ procurement network |
17 | may be given 24-hour-a-day electronic access to information |
18 | necessary to confirm an individual's [organ] anatomical donor |
19 | status through the Department of Transportation's driver |
20 | licensing database. Necessary information shall include the |
21 | individual's name, address, date of birth, driver's license |
22 | number and [organ] anatomical donor status[.], specifying |
23 | whether the individual intends to make one of the following |
24 | donations: whole-body or any combination of the following types: |
25 | organ, tissue or eye. Notwithstanding 75 Pa.C.S. § 6114 |
26 | (relating to limitation on sale, publication and disclosure of |
27 | records, the Department of Transportation is authorized to |
28 | provide the organ procurement organizations, after a written |
29 | agreement between the Department of Transportation and the organ |
30 | procurement organizations is first obtained, with the foregoing |
|
1 | information. The organ procurement organization shall not use |
2 | such information for any purpose other than to confirm an |
3 | individual's [organ] anatomical donor status at or near or after |
4 | an individual's death. The organ procurement organizations shall |
5 | not be assessed the fee for such information prescribed by 75 |
6 | Pa.C.S. § 1955(a) (relating to information concerning drivers |
7 | and vehicles). |
8 | (c) Definitions.--As used in this section, the following |
9 | words and phrases shall have the meanings given to them in this |
10 | subsection: |
11 | "Organ." A heart, lung, liver, kidney, pancreas, small |
12 | bowel, large bowel or stomach for the purpose of |
13 | transplantation. |
14 | "Tissue." A portion of the human body other than an organ or |
15 | an eye, including, but not limited to, bone and bone marrow. |
16 | Section 3. The amendment of 20 Pa.C.S. § 8619 shall apply to |
17 | driver's licenses and identification cards issued or renewed by |
18 | the Department of Transportation 12 months after the effective |
19 | date of this section. |
20 | Section 4. This act shall take effect in 60 days. |
|