2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
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. The physician or person who
     certifies death or any of his professional partners or
     associates shall not participate in the procedures for removing
     or transplanting a part.
        (c)  Certain liability limited.--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
     is not liable for damages in any civil action or subject to
     prosecution in any criminal proceeding for his act.
        (d)  Law on autopsies applicable.--The provisions of this
     subchapter are subject to the laws of this Commonwealth
     prescribing powers and duties with respect to autopsies.

        Cross References.  Section 8616 is referred to in sections
     8611, 8613 of this title.