2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
8611 - Persons who may execute anatomical gift.


                               SUBCHAPTER B
                         EXPRESS ANATOMICAL GIFTS

     Sec.
     8611.  Persons who may execute anatomical gift.
     8612.  Persons who may become donees; purposes for which
            anatomical gifts may be made.
     8613.  Manner of executing anatomical gifts.
     8614.  Delivery of document of gift.
     8615.  Amendment or revocation of gift.
     8616.  Rights and duties at death.
     8617.  Requests for anatomical gifts.
     8618.  Voluntary contribution system (Repealed).
     8619.  Use of driver's license or identification card to
            indicate organ or tissue donation.
     8620.  Police and emergency personnel responsibilities.
     8621.  The Governor Robert P. Casey Memorial Organ and Tissue
            Donation Awareness Trust Fund contributions.
     8622.  The Governor Robert P. Casey Memorial Organ and Tissue
            Donation Awareness Trust Fund.
     8623.  Confidentiality requirement.
     8624.  Prohibited activities.
     § 8611.  Persons who may execute anatomical gift.
        (a)  General rule.--Any individual of sound mind and 18 years
     of age or more may give all or any part of his body for any
     purpose specified in section 8612 (relating to persons who may
     become donees; purposes for which anatomical gifts may be made),
     the gift to take effect upon death. Any agent acting under a
     power of attorney which authorizes the agent to make anatomical
     gifts may effectuate a gift for any purpose specified in section
     8612. Any individual who is a minor and 16 years of age or older
     may effectuate a gift for any purpose specified in section 8612,
     provided parental or guardian consent is deemed given. Parental
     or guardian consent shall be noted on the minor's donor card,
     application for the donor's learner's permit or driver's license
     or other document of gift. A gift of the whole body shall be
     invalid unless made in writing at least 15 days prior to the
     date of death or consent is obtained from the legal next of kin.
     Where there are adult children of the deceased who are not
     children of the surviving spouse, their consent shall also be
     required for a gift of the whole body for anatomical study.
        (b)  Others entitled to donate anatomy of decedent.--Any of
     the following persons, 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 or actual notice of opposition by a member of the same
     or a prior class, may give all or any part of the decedent's
     body for any purpose specified in section 8612:
            (1)  The spouse.
            (2)  An adult son or daughter.
            (3)  Either parent.
            (4)  An adult brother or sister.
            (5)  A guardian of the person of the decedent at the time
        of his death.
            (6)  Any other person authorized or under obligation to
        dispose of the body.
        (c)  Donee not to accept in certain cases.--If the donee has
     actual notice of contrary indications by the decedent or that a
     gift by a member of a class is opposed by a member of the same
     or a prior class, the donee shall not accept the gift. The
     persons authorized by subsection (b) may make the gift after or
     immediately before death.
        (d)  Examinations.--A gift of all or part of a body
     authorizes any examination necessary to assure medical
     acceptability of the gift for the purposes intended.
        (e)  Rights of donee paramount.--The rights of the donee
     created by the gift are paramount to the rights of others except
     as provided by section 8616(d) (relating to rights and duties at
     death).
     (June 18, 1998, P.L.529, No.74, eff. imd.; Oct. 12, 1999,
     P.L.422, No.39, eff. 60 days)

        1999 Amendment.  Act 39 amended subsec. (a). See section
     13(7) of Act 39 in the appendix to this title for special
     provisions relating to applicability.
        Cross References.  Section 8611 is referred to in sections
     305, 8613, 8616, 8617, 8641 of this title.

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