The following applies to organ procurement organizations, health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and other persons who request a gift of hands, facial tissue, limbs and other vascularized composite allografts from a surrogate decision maker:
(1) The request for a donation must be made separately from a request for donation under Subchapter B (relating to express anatomical gifts). The request must explicitly and specifically identify donations of hands, facial tissue, limbs and other vascularized composite allografts as distinct from traditional organs such as heart, liver, or lung or tissues under Subchapter B. The discussion must educate the surrogate decision maker about the process of recovery of vascularized composite allografts and must clearly define and explain all of the following:
(i) What a vascularized composite allograft is, the benefit to the recipient and precisely what will be recovered.
(ii) That any prior generalized authorization for an anatomical gift under Subchapter B does not include a gift of a hand, facial tissue, limb or other vascularized composite allograft.
(iii) That permission for a gift of a hand, facial tissue, limb or other vascularized composite allograft must be given separately from the permission for a gift under Subchapter B.
(iv) That the appearance of the individual whose death is imminent or who has died in a hospital will be significantly altered after the recovery of the gift and that upon request the recovery team will perform reconstructive surgery on the individual at no cost to the individual, the individual's family or surrogate decision maker. In addition, the discussion must explain that the recovery of vascularized composite allografts may impact burial arrangements and that an open casket may not be possible.
(v) That the identity of the individual whose death is imminent or who has died in a hospital may not be able to be protected due to fingerprints or birthmarks.
(2) A deceased donor authorization form shall be used which specifically identifies the option of authorizing a gift of hands, facial tissue, limbs and other vascularized composite allografts. The form must include a provision which states that the surrogate decision maker and family of the individual whose death is imminent or who has died in a hospital understands the relevant anatomical details of the donation, the alteration of the appearance of the individual, including the impact of the recovery of vascularized composite allografts upon funeral arrangements, and that, despite the best efforts of the organ procurement organization, the anonymity of the individual may not be protected. Further, the form must provide information about the nature of the discussion required under paragraph (1), including:
(i) the date and time of the discussion;
(ii) for individuals who hold a professional or occupational license, the names, addresses, telephone numbers and professional or occupational license numbers of the individuals who made the request for the donation and provided the information under paragraph (1); and
(iii) a summary of the topics discussed and which surrogate decision maker authorized the gift of a vascularized composite allograft.
Cross References. Section 8656 is referred to in section 8658 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