The following apply:
(1) Subject to paragraph (2), a surrogate decision maker, in order of priority stated when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent as set forth in subparagraph (ii) or evidence of a prohibition, amendment, revocation or denial of a gift of a vascularized composite allograft as set forth in subparagraph (i) or actual notice of opposition by a member of the same or a prior class, may authorize the donation of hands, facial tissue, limbs or other vascularized composite allografts of an individual who is at least 18 years of age and whose death is imminent or who has died in a hospital if:
(i) there is no evidence of a prohibition, amendment, revocation or denial of a gift of hands, facial tissue, limbs and other vascularized composite allografts in a living will, will, advance health care directive, health care power of attorney, power of attorney or other document of the individual; and
(ii) there is no actual notice of contrary indications by the individual regarding such a gift in any form, including through statements made by the individual to health care professionals, to family members or to the surrogate decision maker. If the surrogate decision maker has actual notice of contrary indications on the part of the individual with respect to making a donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts, then it is unlawful for the surrogate decision maker to make such a gift. The hospital, health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and organ procurement organization shall not effectuate a donation if the individual evidenced contrary indications regarding donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts.
(2) A surrogate decision maker may not authorize a gift of hands, facial tissue, limbs or other vascularized composite allografts on the part of an individual under paragraph (1) if any of the following apply:
(i) The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker is a suspect or person of interest in causing the disease, illness, injury, condition or death of the individual.
(ii) The surrogate decision maker is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) or similar order from a court that was issued to the individual.
(iii) The district attorney or a law enforcement officer notifies the organ procurement organization that the surrogate decision maker has been arrested or detained in connection with the disease, illness, injury, condition or death of the individual.
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