(a) Applicability of section.--This section shall apply in all cases when the coroner or medical examiner must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect.
(b) Full denial of recovery of organs.--If a coroner or medical examiner is considering denying recovery of all of the organs of a decedent, the coroner or medical examiner shall comply with the procedure set forth in this subsection. The following apply:
(1) The coroner or medical examiner or a designee shall meet with a medical advisory group composed of the decedent's attending physician or a designee, the transplant surgeon or a designee and the applicable designated organ procurement organization at the hospital, during a reasonable time consistent with organ donation and preservation of forensic evidence. In addition, the forensic pathologist may participate as part of the medical advisory group by appearing in person at the hospital, by telephone or through electronic means.
(2) The medical advisory group shall provide the coroner or medical examiner or a designee with the clinical findings of testing and medical procedures performed on the decedent while at the hospital.
(3) If, after the review of the testing and medical procedures set forth in paragraph (2), the coroner or medical examiner or a designee intends to deny recovery of all of the decedent's organs, the coroner or medical examiner or a designee must provide a written statement explaining the reason for the denial. The statement shall be provided to the designated organ procurement organization upon request. The coroner or medical examiner or a designee shall ensure that the written statement is made part of the coroner's or medical examiner's file. The written statement shall be exempt from the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(c) Forms.--The coroner or medical examiner shall develop a form for the purpose of stating that the coroner or medical examiner has denied the recovery of all organs as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of all of a decedent's organs as set forth in subsection (b).
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment. Act 90 added section 8626.
Cross References. Section 8626 is referred to in section 8616 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