reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 85 - Simultaneous Death › Section 8503 - Joint tenants or tenants by the entirety

§ 8503. Joint tenants or tenants by the entirety.
Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed, one-half as if one had survived, and one-half as if the other had survived. If there are more than two joint tenants, and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 85 - Simultaneous Death › Section 8504 - Insurance policies

§ 8504. Insurance policies.
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 85 - Simultaneous Death › Section 8505 - Chapter does not apply if decedent provides otherwise

§ 8505. Chapter does not apply if decedent provides otherwise.
This chapter shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Extra - Chapter Notes

Enactment.
Chapter 86 was added December 1, 1994, P.L.655, No.102, effective in 90 days.
Prior Provisions.
Former Chapter 86, which related to the same subject matter, was added June 30, 1972,
            P.L.508, No.164, and repealed December 1, 1994, P.L.655, No.102, effective in 90 days.
Cross References.
Subchapter B is referred to in section 8656 of this title.
Enactment.
Subchapter D was added October 23, 2018, P.L.594, No.90, effective immediately.
Cross References.
Subchapter D is referred to in section 8610 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8610 - Scope of subchapter

§ 8610. Scope of subchapter.
Nothing in this subchapter shall be construed to authorize the donation of vascularized composite allografts, including hand, facial tissue and limb transplants, from an individual whose death is imminent or who has died at the hospital. Donation of vascularized composite allografts from an individual whose death is imminent or who has died at the hospital shall be in accordance with Subchapter D (relating to hands, facial tissue, limbs and other vascularized composite allografts).
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 added section 8610. Section 11(3) of Act 90 provided that the addition of section 8610 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8612 - Persons who may become donees; purposes for which anatomical gifts may be made

§ 8612. Persons who may become donees; purposes for which anatomical gifts may be made.
(a) Donees.--
An anatomical gift may be made to any of the following persons named in the document of gift:
(1) If for research or education, any of the following:
(i) A hospital.
(ii) An accredited medical school, dental school, college or university.
(iii) The board.
(iv) An organ procurement organization.
(v) Any other appropriate person as permitted by law.
(2) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.
(3) An eye bank or a tissue bank.
(4) An organ procurement organization.
(b) Directed donation.--
If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part shall pass in accordance with subsection (c) if authorized by the person making the anatomical gift.
(c) Organ for transplant or therapy.--
An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), shall pass to the organ procurement organization.
(d) Default.--
If the intended purpose or recipient of an anatomical gift is not known, the following shall apply:
(1) If the part is an eye, the gift shall pass to the appropriate eye bank.
(2) If the part is tissue, the gift shall pass to the appropriate tissue bank.
(3) If the part is an organ, the gift shall pass to the appropriate organ procurement organization.
(4) If the gift is of the decedent's entire body, the gift shall pass to the board.
(e) Multiple purposes.--
If there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable and enumerated in the document of gift, and shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may be used for other lawful purposes enumerated in the document of gift.
(f) Unspecified purpose.--
If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift shall pass in accordance with subsection (d).
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Section 11(3) of Act 90 provided that the amendment of section 8612 shall take effect upon publication of the notice under section 8629.
Cross References.
Section 8612 is referred to in sections 8611, 8617 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8614 - Delivery of document of gift

§ 8614. Delivery of document of gift.
If the gift is made by the donor to a specified donee, the will, card or other document or an executed copy thereof may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card or other document or an executed copy thereof may be deposited in any hospital, bank or storage facility that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8615 - Amendment or revocation of gift

§ 8615. Amendment or revocation of gift.
(a) Document delivered to donee.--
If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by any of the following:
(1) The execution and delivery to the donee of a signed statement.
(2) An oral statement made in the presence of two persons and communicated to the donee.
(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee.
(4) A signed card or document found on his person or in his effects.
(b) Document not delivered to donee.--
Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) or by destruction, cancellation or mutilation of the document and all executed copies thereof.
(c) Gifts by will.--
Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a).
Cross References.
Section 8615 is referred to in sections 8617, 8654, 8658 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8616 - Rights and duties at death

§ 8616. Rights and duties at death.
(a) Donees and relatives.--
The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he shall, subject to the terms of the gift, authorize embalming and the use of the body in funeral services if the surviving spouse or next of kin as determined in section 8611(b) (relating to persons who may execute anatomical gift) requests embalming and use of the body for funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body.
(b) Physicians.--
The time of death shall be determined by a physician who tends the donor at his death or, if none, the physician who certifies the death.
(c) Certain liability limited.--
The following shall apply:
(1) Subject to paragraph (2), a person who acts in good faith in accordance with the terms of this subchapter or with the anatomical gift laws of another state or a foreign country shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for the person's act.
(2) The immunity from civil liability provided under paragraph (1) shall not extend to acts or omissions resulting from gross negligence, recklessness or intentional misconduct of the person.
(3) Neither a person making an anatomical gift nor a donor's estate shall be liable for injury or damage that results from the making or use of the anatomical gift. In determining whether an anatomical gift has been made, amended or revoked under this subchapter, a person may rely upon representations of an individual listed in section 8611(b) regarding the individual's relationship to the donor or decedent unless the person knows that the representation is untrue.
(d) Law on autopsies applicable.--
Subject to the provisions of section 8626 (relating to facilitation of anatomical gift from decedent whose death is under investigation), the provisions of this subchapter are subject to the laws of this Commonwealth prescribing powers and duties with respect to autopsies. Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), an organ procurement organization is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable copying fees.
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 amended subsecs. (b), (c) and (d). Section 11(3) of Act 90 provided that the amendment of section 8616 shall take effect upon publication of the notice under section 8629.
Cross References.
Section 8616 is referred to in sections 8611, 8613 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8618 - Voluntary contribution system (Repealed)

§ 8618. Voluntary contribution system (Repealed).
1997 Repeal.
Section 8618 was repealed May 7, 1997, P.L.85, No.7, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8620 - Police and emergency personnel responsibilities

§ 8620. Police and emergency personnel responsibilities.
Police and emergency personnel responding to the scene of an accident or trauma shall take reasonable steps to insure that the driver's license or personal identification card, donor card or other document of gift and medical alert bracelet, if any, of the individual involved in the accident or trauma accompanies the individual to the hospital or other health care facility. The hospital or other health care facility shall, within five days, if practicable, return the driver's license or identification card to the Department of Transportation, accompanied by a form prescribed by the Department of Transportation, if the individual involved in the accident is deceased.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8623 - Confidentiality requirement

§ 8623. Confidentiality requirement.
(a) General rule.--
Except as provided in subsection (b), no organ procurement organization, eye bank or tissue bank may divulge any individually identifiable information acquired in the course of performing the organization's or banks' responsibilities under this chapter except for the purposes of facilitating organ, eye or tissue donation and transplantation or as otherwise required under applicable laws.
(b) Donors and recipients.--
An organ procurement organization, eye bank or tissue bank may communicate individually identifiable information of the donor and recipient if expressly authorized by:
(1) the recipient; and
(2) if the donor is alive, the donor, or, if the donor is deceased, the next of kin of the donor.
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Section 11(3) of Act 90 provided that the amendment of section 8623 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8624 - Prohibited activities

§ 8624. Prohibited activities.
(a) Affiliates.--
(Deleted by amendment).
(b) Unfair acts.--
(Deleted by amendment).
(c) Organ procurement organizations, eye banks and tissue banks.--
(1) An organ procurement organization, an eye bank or a tissue bank shall not do any of the following:
(i) Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.
(ii) Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue bank.
(iii) Engage in unlawful competition or discrimination.
(2) This subsection is not intended to restrict or preclude an organ procurement organization from marketing or promoting the organ procurement organization's services in the normal course of business.
(d) Funeral establishments.--
(1) Except as set forth in paragraph (2), a funeral director or a funeral establishment shall not:
(i) remove body parts from a corpse;
(ii) permit others to remove body parts from a corpse; or
(iii) use funeral establishment facilities to remove body parts from a corpse.
(2) Paragraph (1) shall not apply as follows:
(i) Removal is permissible if it is:
(A) necessary to perform embalming or other services in preparation for burial or cremation; and
(B) authorized in writing by a family member, guardian or other person responsible for disposition of the body.
(ii) Notwithstanding any other provision of law, if a donation is authorized under this subchapter, a designated organ procurement organization and a Pennsylvania nonprofit eye bank accredited by the Eye Bank Association of America may recover donated ocular tissue, including the whole eye, cornea and sclera, and associated blood specimens at a funeral establishment.
(3) If a funeral director is notified by a person authorized to make donations under this subchapter that the person wishes to donate body parts from a corpse within the funeral director's custody, the funeral director shall immediately notify the organ procurement organization designated to serve that region.
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Section 11(3) of Act 90 provided that the amendment of section 8624 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8626 - Facilitation of anatomical gift from decedent whose death is under investigation

§ 8626. Facilitation of anatomical gift from decedent whose death is under investigation.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8626.1 - Notification by coroners and medical examiners to district attorneys

§ 8626.1. Notification by coroners and medical examiners to district attorneys.
(a) Applicability.--
This section shall apply in all cases when the coroner or medical examiner:
(1) must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect; and
(2) is not the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred.
(b) Procedure.--
The coroner or medical examiner specified in subsection (a)(2) shall notify the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred. After receiving the notification, the coroner or medical examiner shall notify or cause to be notified the district attorney of the county in which the cause precipitating the death of the individual is believed to have occurred.
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment.
Act 90 added section 8626.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8626.2 - Discretionary notification by coroner or medical examiner

§ 8626.2. Discretionary notification by coroner or medical examiner.
(a) Notification.--
Except as set forth in subsection (b), a coroner or medical examiner or designee may notify the applicable designated organ procurement organization of a person's death outside the hospital for the purpose of facilitating recovery of tissues for transplant.
(b) Exception.--
Notification shall not apply if:
(1) the person was admitted to the hospital at or around the time of death; or
(2) the notification to the coroner or medical examiner occurred more than 18 hours following the estimated time of the person's death.
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment.
Act 90 added section 8626.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8627 - Collaboration among departments and organ procurement organizations

§ 8627. Collaboration among departments and organ procurement organizations.
(a) Mandatory.--
(1) For purposes of the ongoing development and implementation of the Donate Life PA Registry, the Department of Transportation shall collaborate with the designated organ procurement organizations in applying for Federal or private grants recommended by the organ procurement organizations.
(2) The Department of Transportation, in consultation with designated organ procurement organizations, shall establish an annual education program for photo license technicians of the Department of Transportation regarding the provisions of this subchapter.
(b) Discretionary.--
Other Commonwealth agencies may collaborate with the designated organ procurement organizations in applying for Federal or private grants recommended by the organ procurement organizations.
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 added section 8627. Section 11(3) of Act 90 provided that the addition of section 8627 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8628 - Requirements for physician and nurse training relative to organ and tissue donation and recovery

§ 8628. Requirements for physician and nurse training relative to organ and tissue donation and recovery.
The State Board of Medicine, the State Board of Osteopathic Medicine and the State Board of Nursing shall promulgate regulations requiring physicians, osteopathic physicians and professional nurses to complete a two-hour course on organ and tissue donation and recovery designed to address the clinical aspects of the donation and recovery process as a condition of license renewal. The course may include information about donation of hands, facial tissue and limbs and other vascularized composite allografts. The course shall be completed within five years of initial licensure or within five years of licensure renewal, whichever occurs first.
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment.
Act 90 added section 8628.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8629 - Department of Transportation

§ 8629. Department of Transportation.
The following shall apply:
(1) The Secretary of Transportation shall publish notice in the Pennsylvania Bulletin of the completion of the Department of Transportation's:
(i) Internet website established under section 8621(c)(2) (relating to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions);
(ii) establishment of the Donate Life PA registry; and
(iii) establishment of the hyperlinks to enable donation of money under section 8621.
(2) Until the notice under paragraph (1) is published, the Secretary of Transportation shall issue a statement every 60 days to the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives regarding the actions taken by the department to complete the requirements under paragraph (1).
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment.
Act 90 added section 8629. The notice referred to in par. (1) was published in the Pennsylvania Bulletin on October 26, 2019, at 49 Pa.B. 6491.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8630 - Department of Corrections

§ 8630. Department of Corrections.
The Department of Corrections shall, in consultation with an organ procurement organization, provide information to or make information available about anatomical donation to inmates in State correctional institutions. The information may also include information about donation of hands, facial tissue or limbs and other vascularized composite allografts. The information shall be provided or made available annually and shall include topics under section 8621(c)(2) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions).
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 added section 8630. Section 11(3) of Act 90 provided that the addition of section 8630 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8631 - Study of organ procurement organizations

§ 8631. Study of organ procurement organizations.
(a) Study.--
The Legislative Budget and Finance Committee shall conduct a study and performance evaluation of expenditures which utilize grants from the Department of Health under section 8622(b) (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).
(b) Date.--
The study under subsection (a) shall be completed no later than two years after the effective date of this section. Copies shall be submitted to the following:
(1) The Health and Human Services Committee of the Senate.
(2) The Judiciary Committee of the Senate.
(3) The Health Committee of the House of Representatives.
(4) The Judiciary Committee of the House of Representatives.
(Oct. 23, 2018, P.L.594, No.90, eff. imd.)
2018 Amendment.
Act 90 added section 8631.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8632 - Relation to Electronic Signatures in Global and National Commerce Act

§ 8632. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.). This chapter shall not modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act.
(Oct. 23, 2018, P.L.594, No.90)
2018 Amendment.
Act 90 added section 8632. Section 11(3) of Act 90 provided that the addition of section 8632 shall take effect upon publication of the notice under section 8629.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8641 - § 8642 - (Repealed)

§ 8641. Removal of corneal tissue permitted under certain circumstances.
(a) General rule.--
On a request from an authorized official of an eye bank for corneal tissue, a coroner or medical examiner may permit the removal of corneal tissue if all of the following apply:
(1) The decedent from whom the tissue is to be removed died under circumstances requiring an inquest.
(2) The coroner or medical examiner has made a reasonable effort to contact persons listed in section 8611 (relating to persons who may execute anatomical gift).
(3) No objection by a person listed in section 8611 is known by the coroner or medical examiner.
(4) The removal of the corneal tissue will not interfere with the subsequent course of an investigation or autopsy or alter the decedent's postmortem facial appearance.
(b) Definition.--
As used in this section, the term "eye bank" means a nonprofit corporation chartered under the laws of this Commonwealth to obtain, store and distribute donor eyes to be used by physicians or surgeons for corneal transplants, research or other medical purposes and the medical activities of which are directed by a physician or surgeon in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8651 - Scope of subchapter

§ 8651. Scope of subchapter.
This subchapter applies exclusively to hands, facial tissue, limbs and other vascularized composite allografts donated by an individual whose death is imminent or who has died in the hospital.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8652 - Intent of General Assembly

§ 8652. Intent of General Assembly.
It is the intent of the General Assembly to provide guidance to organ procurement organizations, hospitals, health care professionals and the public about the donation of hands, facial tissue, limbs and other vascularized composite allografts when donated by an individual whose death is imminent or who has died in the hospital. The General Assembly recognizes that a donation of a vascularized composite allograft from an individual whose death is imminent or who has died in the hospital, sometimes referred to as authorization for a vascularized composite allograft from a deceased donor, is a gift which must be given freely. In order to be given freely, explicit and specific consent must be obtained from donors or the donors' families. Obtaining explicit and specific consent is the only way to ensure transparency in the donation process and to preserve the public trust. It is the intention of the General Assembly to design policies and procedures to ensure that the donation of hands, facial tissue, limbs and other vascularized composite allografts from an individual whose death is imminent or who has died in the hospital is only made with explicit and specific consent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8653 - Definitions

§ 8653. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Minor."
An individual under 18 years of age.
"Surrogate decision maker."
An individual under section 8611(b)(1), (2), (3), (4), (5), (6), (7) or (8) (relating to persons who may execute anatomical gift).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8655 - Agents, next of kin and other surrogate decision makers

§ 8655. Agents, next of kin and other surrogate decision makers.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8657 - Gift of vascularized composite allograft from decedent whose death is under investigation

§ 8657. Gift of vascularized composite allograft from decedent whose death is under investigation.
(a) Applicability.--
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) Denial of recovery of vascularized composite allograft.--
If a coroner or medical examiner is considering denying recovery of the vascularized composite allograft of an individual, 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 individual'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 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 individual 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 the vascularized composite allograft, 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 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 the vascularized composite allograft as set forth in subsection (b). The coroner or medical examiner shall complete the form when denying recovery of the vascularized composite allograft as set forth in subsection (b).
Cross References.
Section 8657 is referred to in section 8660 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8657.1 - Notification by coroners and medical examiners to district attorneys

§ 8657.1. Notification by coroners and medical examiners to district attorneys.
(a) Applicability.--
This section shall apply in all cases when the coroner or medical examiner:
(1) must determine the cause of death and whether the death may have resulted from criminal acts or criminal neglect; and
(2) the coroner or medical examiner is not the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred.
(b) Procedure.--
The coroner or medical examiner specified in subsection (a)(2) shall notify the coroner or medical examiner of the county in which the cause precipitating the death of the individual is believed to have occurred. After receiving the notification, the coroner or medical examiner shall notify or cause to be notified the district attorney of the county in which the cause precipitating the death of the individual is believed to have occurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8659 - Rights and protections for certain individuals

§ 8659. Rights and protections for certain individuals.
(a) General rule.--
An individual who is in need of a vascularized composite allograft shall not be deemed ineligible to receive a vascularized composite allograft 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 vascularized composite allograft. 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.
(b) Definition.--
As used in this section, the term "disability" shall have the same meaning as in the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8660 - Law on autopsies applicable

§ 8660. Law on autopsies applicable.
(a) General rule.--
Subject to the provisions of section 8657 (relating to gift of vascularized composite allograft from decedent whose death is under investigation), the provisions of this subchapter are subject to the laws of this Commonwealth prescribing powers and duties with respect to autopsies.
(b) Copies of autopsy reports.--
Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), an organ procurement organization is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable fees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8661 - Vital records

§ 8661. Vital records.
An organ procurement organization may, upon request and payment of associated fees, obtain certified copies of death records of a donor from the Division of Vital Records of the Department of Health.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8662 - Donees and vascularized composite allografts

§ 8662. Donees and vascularized composite allografts.
The following persons may become donees of gifts of vascularized composite allografts for any of the purposes stated:
(1) Any hospital, surgeon or physician for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
(2) Any accredited medical or dental school, college or university for education, research, advancement of medical or dental science or therapy.
(3) Any bank or storage facility for medical or dental education, research, advancement of medical or dental science, therapy or transplantation.
(4) Any specified individual for therapy or transplantation needed by the individual.
(5) The board.
Cross References.
Section 8662 is referred to in sections 8654, 8655, 8656, 8658 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8663 - Dissemination of information prohibited

§ 8663. Dissemination of information prohibited.
(a) General rule.--
Except as provided in subsection (b), no organ procurement organization, eye bank or tissue bank may divulge any individually identifiable information acquired in the course of performing the organization's or bank's responsibilities under this chapter except for the purposes of facilitating transplantation of vascularized composite allografts.
(b) Donors and recipients.--
An organ procurement organization, eye bank or tissue bank may communicate individually identifiable information of the donor and recipient if expressly authorized by:
(1) the recipient; and
(2) if the donor is alive, the donor, or, if the donor is deceased, the next of kin of the donor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8664 - Prohibited conduct

§ 8664. Prohibited conduct.
(a) General rule.--
An organ procurement organization, an eye bank or a tissue bank shall not do any of the following with respect to recovery and transplantation of vascularized composite allografts:
(1) Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.
(2) Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue bank.
(3) Engage in unlawful competition or discrimination.
(b) Construction.--
This subsection is not intended to restrict or preclude an organ procurement organization from marketing or promoting the organ procurement organization's services regarding recovery of vascularized composite allografts in the normal course of business.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8665 - Funeral establishments

§ 8665. Funeral establishments.
(a) General rule.--
Except as set forth in subsection (b), a funeral director or a funeral establishment shall not:
(1) remove vascularized composite allografts from a corpse;
(2) permit others to remove vascularized composite allografts from a corpse; or
(3) use funeral establishment facilities to remove vascularized composite allografts from a corpse.
(b) Exception.--
Subsection (a) shall not apply and removal is permissible if the removal is:
(1) necessary to perform embalming or other services in preparation for burial or cremation; and
(2) authorized in writing by a family member or guardian.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 86 - Anatomical Gifts › Section 8666 - Limitation on liability

§ 8666. Limitation on liability.
A person who acts in good faith in accordance with the provisions of this subchapter shall not be subject to criminal or civil liability arising from any action taken under this subchapter. The civil immunity provided by this section shall not extend to persons if damages result from the gross negligence, recklessness or intentional misconduct of the person. The criminal immunity provided by this section shall not extend to intentional, knowing or reckless conduct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 87 - Employee Benefits › Section 8701 - Existing trusts may continue for term necessary to accomplish purpose

§ 8701. Existing trusts may continue for term necessary to accomplish purpose.
Any trust created prior to January 1, 1948, primarily for the benefit of employees, their families or appointees, under any stock, bonus, pension, disability, death benefit, profit sharing or other employee-benefit plan, to which contributions are made by the employer or employees or both for the purpose of distributing to or for the benefit of the employees, their families, or appointees, the earnings or the principal, or both earnings and principal of the fund held in trust, may continue in perpetuity, or for such time as may be necessary to accomplish the purpose for which it was created, and shall not be invalid as violating any statute or rule of law against perpetuities, or against accumulations or concerning the suspension of the power of alienation of the title to property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 87 - Employee Benefits › Section 8702 - Combining trusts

§ 8702. Combining trusts.
Whenever two or more trusts heretofore have been or hereafter shall be created primarily for the benefit of the employees of the same employer or their families or appointees under any stock, bonus, pension, disability, death benefit, profit sharing or other employee-benefit plan or plans and the court of common pleas having jurisdiction over any one of such trusts, upon the application of the employer who established such trusts, any trustee thereof or any other party in interest, shall find that such trusts can be more effectively administered if they are combined, the court, in its discretion, after such notice to parties in interest as the court shall direct, may order that they be combined into one trust, which may be one of such existing trusts, in the manner and to the extent that the court shall approve, but not so as to violate any express provision to the contrary in any conveyance creating any of the trusts so combined.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES › Chapter 87 - Employee Benefits › Section 8703 - Transfer of assets to corporate trustee; investments; common trust funds

§ 8703. Transfer of assets to corporate trustee; investments; common trust funds.
The trustee or trustees of any employee-benefit plan, such as a pension, welfare, profit sharing, share, purchase, or other plan, may transfer any part of the property and assets of the plan, in trust, to a corporate trustee which shall be a bank and trust company or trust company, incorporated under the laws of Pennsylvania, or a national banking association, having fiduciary powers and having its principal office in Pennsylvania, and may authorize such corporate trustee to invest and reinvest such property and assets subject to the same powers, restrictions and obligations with respect to investment and reinvestment of such property and assets as are applicable to the trustee or trustees making such transfer, and to contribute such property and assets to any common trust fund which the transferee may be otherwise authorized to maintain and to pay over the net income therefrom at such intervals as may be agreed: Provided, however, That such transfer in trust may be at any time revoked by action of the trustee or trustees so making transfer.