2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
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.
        (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.--
     Notwithstanding section 8616(b) (relating to rights and duties
     at death), the donor may designate in his will, card or other
     document of gift the surgeon or physician to carry out the
     appropriate procedures. In the absence of a designation or if
     the designee is not available, the donee or other person
     authorized to accept the gift may employ or authorize any
     surgeon or physician for the purpose, or, in the case of a gift
     of eyes, he may employ or authorize a person who is a funeral
     director licensed by the State Board of Funeral Directors, an
     eye bank technician or medical student, if the person has
     successfully completed a course in eye enucleation approved by
     the State Board of Medical Education and Licensure, or an eye
     bank technician or medical student trained under a program in
     the sterile technique for eye enucleation approved by the State
     Board of Medical Education and Licensure to enucleate eyes for
     an eye bank for the gift after certification of death by a
     physician. A qualified funeral director, eye bank technician or
     medical student acting in accordance with the terms of this
     subsection shall not have any liability, civil or criminal, for
     the eye enucleation.
        (e)  Consent not necessary.--If a donor card, donor driver's
     license, living will, durable power of attorney or other
     document of gift evidencing a gift of organs or tissue has been
     executed, consent of any person designated in section 8611(b) at
     the time of the donor's death or immediately thereafter is not
     necessary to render the gift valid and effective.
        (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.