2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8613 - Manner of executing anatomical gifts

§ 8613. Manner of executing anatomical gifts.
(a) Gifts by will.--
A gift of all or part of the body under section 8611(a) (relating to persons who may execute anatomical gift) may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
(b) Gifts by other documents.--
A gift of all or part of the body under section 8611(a) may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor is mentally competent to signify his desire to sign the document but is physically unable to do so, the document may be signed for him by another at his direction and in his presence in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid.
(b.1) Other means.--
An anatomical gift may be made by a statement or symbol indicating that the donor has made an anatomical gift, which shall be recorded in a donor registry or on the donor's driver's license or identification card. If an anatomical gift is indicated on a driver's license or an identification card, the anatomical gift is not invalidated by revocation, suspension, expiration or cancellation of:
(1) the driver's license under 75 Pa.C.S. Ch. 15 (relating to licensing of drivers); or
(2) the identification card by the Department of Transportation.
(c) Specified and unspecified donees.--
The gift may be made to a specified donee or without specifying a donee. If the latter, the gift may be accepted by the attending physician as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician upon or following death, in the absence of any expressed indication that the donor desired otherwise, may accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
(d) Designation of person to carry out procedures.--
(Deleted by amendment).
(d.1) Reliance.--
Subject to the provisions of section 8616(c) (relating to rights and duties at death), a person may rely on a document of gift or amendment to a document of gift as being valid unless that person knows that the document of gift was not validly executed or was revoked.
(e) Consent not necessary.--
(1) Subject to paragraph (2), a donor's gift of all or any part of the donor's body, including a designation in a registry on a driver's license or identification card, donor card, advance health care directive, will or other document of gift, may not be revoked by the next of kin or other persons identified in section 8611(b). The consent of any person at the time of the donor's death or immediately thereafter is not necessary to render the gift valid and effective. This paragraph shall not be construed to permit the donation of a vascularized composite allograft.
(2) An agent, only if expressly authorized in writing in a power of attorney, advance health care directive, health care power of attorney or other document to override the decedent's instructions on the making of an anatomical gift, may revoke the decedent's gift. This paragraph shall not be construed to permit the donation of a vascularized composite allograft.
(f) Documentation of gifts by others.--
Any gift by a person designated in section 8611(b) shall be made by a document signed by him or made by his telegraphic, recorded telephonic or other recorded message.
(g) Validity.--
A document of gift is valid if executed in accordance with:
(1) this subchapter;
(2) the law of the state or country where it was executed; or
(3) the law of the state or country where, at the time of execution of the document of gift, the person making the anatomical gift:
(i) is domiciled;
(ii) has a place of residence; or
(iii) is a citizen.
(h) Choice of law.--
If a document of gift is valid under this section, the law of this Commonwealth governs interpretation of the document.
(i) Rights and protections for certain individuals.--
(1) An individual who is in need of an anatomical gift shall not be deemed ineligible to receive an anatomical gift solely because of the individual's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician or surgeon following an individualized evaluation of the individual to be medically significant to the provision of the anatomical gift. If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, an individual's inability to independently comply with those requirements shall not be deemed to be medically significant.
(2) As used in this subsection, "disability" shall have the same meaning as in the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 amended subsec. (e), added subsecs. (b.1), (d.1), (g), (h) and (i) and deleted subsec. (d). Section 11(1)(ii) of Act 90 provided that the addition of subsec. (i) shall take effect immediately and section 11(3) of Act 90 provided that the remainder of the section shall take effect upon publication of the notice under section 8629.
Cross References.
Section 8613 is referred to in section 8619 of this title.