2018 Pennsylvania Consolidated 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
(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. Act 90 amended section 8612. 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 section 8611 of this title.
