(a) Donees.--An anatomical gift may be made to any of the following persons named in the document of gift:
(1) If for research or education, any of the following:
(i) A hospital.
(ii) An accredited medical school, dental school, college or university.
(iii) The board.
(iv) An organ procurement organization.
(v) Any other appropriate person as permitted by law.
(2) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.
(3) An eye bank or a tissue bank.
(4) An organ procurement organization.
(b) Directed donation.--If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part shall pass in accordance with subsection (c) if authorized by the person making the anatomical gift.
(c) Organ for transplant or therapy.--An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization.
(d) Default.--If the intended purpose or recipient of an anatomical gift is not known, the following shall apply:
(1) If the part is an eye, the gift shall pass to the appropriate eye bank.
(2) If the part is tissue, the gift shall pass to the appropriate tissue bank.
(3) If the part is an organ, the gift shall pass to the appropriate organ procurement organization.
(4) If the gift is of the decedent's entire body, the gift shall pass to the board.
(e) Multiple purposes.--If there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable and enumerated in the document of gift, and shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may be used for other lawful purposes enumerated in the document of gift.
(f) Unspecified purpose.--If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (d).
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment. Section 11(3) of Act 90 provided that the amendment of section 8612 shall take effect upon publication of the notice under section 8629.
Cross References. Section 8612 is referred to in sections 8611, 8617 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Section 8610 - Scope of subchapter
Section 8611 - Persons who may execute anatomical gift
Section 8612 - Persons who may become donees; purposes for which anatomical gifts may be made
Section 8613 - Manner of executing anatomical gifts
Section 8614 - Delivery of document of gift
Section 8615 - Amendment or revocation of gift
Section 8616 - Rights and duties at death
Section 8617 - Requests for anatomical gifts
Section 8618 - Voluntary contribution system (Repealed)
Section 8619 - Use of driver's license or identification card to indicate organ or tissue donation
Section 8620 - Police and emergency personnel responsibilities
Section 8622 - The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund
Section 8623 - Confidentiality requirement
Section 8624 - Prohibited activities
Section 8625 - Promotion of organ and tissue donation; Donate Life PA Registry established
Section 8626 - Facilitation of anatomical gift from decedent whose death is under investigation
Section 8626.1 - Notification by coroners and medical examiners to district attorneys
Section 8626.2 - Discretionary notification by coroner or medical examiner
Section 8627 - Collaboration among departments and organ procurement organizations
Section 8627.1 - Information relative to organ and tissue donation
Section 8629 - Department of Transportation
Section 8630 - Department of Corrections
Section 8631 - Study of organ procurement organizations
Section 8632 - Relation to Electronic Signatures in Global and National Commerce Act
Section 8641 - ยง 8642 - (Repealed)
Section 8651 - Scope of subchapter
Section 8652 - Intent of General Assembly
Section 8654 - Requirement of explicit, specific and separate authorization
Section 8655 - Agents, next of kin and other surrogate decision makers
Section 8657.1 - Notification by coroners and medical examiners to district attorneys
Section 8658 - Gifts of vascularized composite allografts
Section 8659 - Rights and protections for certain individuals
Section 8660 - Law on autopsies applicable
Section 8662 - Donees and vascularized composite allografts
Section 8663 - Dissemination of information prohibited
Section 8664 - Prohibited conduct