The following apply:
(1) An individual of sound mind who is 18 years of age or older may authorize recovery of hands, facial tissue, limbs and other vascularized composite allografts. The authorization may be in a will, living will, health care power of attorney, power of attorney or other document. In order to be valid, the authorization must be in writing, witnessed by two other individuals and explicitly and specifically state that the individual authorizes the recovery of the individual's hands, facial tissue, limbs or other vascularized composite allografts. The authorization must be provided separately from an anatomical donation. If the individual explicitly, specifically and separately authorizes such a gift and requests reconstructive surgery, then the surgery shall be provided at no cost to the individual or the individual's family or representative. Any limitations on the provision of the gift authorized by the individual shall be honored by the hospital, a donee under section 8662 (relating to donees and vascularized composite allografts), health care professionals involved in the recovery and transplantation process, the organ procurement organizations and any other person involved with the donation and recovery of a vascularized composite allograft. If the individual authorizes a gift of hands, facial tissue, limbs or other vascularized composite allografts, then authorization of a surrogate decision maker shall not be necessary.
(2) It is unlawful for a minor to authorize the donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts. In the case of a minor whose death is imminent or who has died in a hospital, a parent or guardian may authorize donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts if the parent or guardian does not have actual notice of contrary indications on the part of the minor with respect to making a donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts and there is no actual notice of opposition by the other parent. If the parent or guardian has actual notice of contrary indications or there is actual notice of opposition by the other parent, then the parent or guardian is not authorized to make such a gift. The hospital, health care professionals, organ procurement organization and a donee under section 8662 shall not effectuate a donation if the minor evidenced contrary indications regarding donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts or there is actual notice of opposition by the other parent.
(3) A gift of a vascularized composite allograft under this section may be revoked or amended at any time and in the manner specified in section 8615 (relating to amendment or revocation of gift).
Cross References. Section 8654 is referred to in section 305 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