2018 Pennsylvania Consolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
Section 8619 - Use of driver's license or identification card to indicate organ or tissue donation

(a) General rule.--The Department of Transportation shall redesign the driver's license and identification card application system to process requests for information regarding consent of the individual to organ or tissue donation. The following question shall be asked on both the application for a driver's license or identification card and on the organ donor designation at a photo center:

Pennsylvania strongly supports organ and tissue donation because of its life-saving and life-enhancing opportunities.

Do you wish to have the organ donor designation printed on your driver's license?

Only an affirmative response of an individual shall be noted on the front of the driver's license or identification card and shall clearly indicate the individual's intent to donate his organs or tissue. Nothing in this section shall be construed to authorize a donation of a hand, facial tissue, limb or other vascularized composite allograft. The Department of Transportation shall record and store all donor designations in the Donate Life PA Registry. Subject to an individual's wishes as expressed in a document listed under sections 8613(e)(2) (relating to manner of executing anatomical gifts) and to the individual's wishes under section 8617(c)(3) (relating to requests for anatomical gifts), the recorded and stored designation is sufficient to satisfy all requirements for consent to organ and tissue donation. The recorded and stored designation is not a public record subject to disclosure as defined in section 102 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(a.1) Informational insert.--The following apply:

(1) Within 180 days of the effective date of this subsection, the Department of Transportation shall furnish an informational insert about organ donation, tissue donation and donation of vascularized composite allografts to each holder of a driver's license or identification card when the department mails a camera card to the holder at the time of renewal.

(2) The informational insert shall explain:

(i) that under Pennsylvania law, donation of organs, tissues and vascularized composite allografts is a voluntary act;

(ii) the difference between organs, tissues and vascularized composite allografts;

(iii) that under Pennsylvania law, explicit and specific consent is needed to donate a vascularized composite allograft;

(iv) that under Pennsylvania law, the request for a vascularized composite allograft must be made separately from a request for organs and tissues;

(v) that the organ donor designation on the driver's license authorizes the individual to donate organs and tissue and does not authorize the individual to donate a vascularized composite allograft;

(vi) that more information about organ donation, tissue donation and donation of vascularized composite allografts, including information about the procedure for recovering organs and other parts of the body and information about being declared dead through brain death and dead by lack of cardiac function, can be found on the Department of Transportation's publicly accessible Internet website; and

(vii) that, before deciding whether to have an organ donor designation placed on the driver's license, the individual may consult with the individual's physician, attorney or clergy.

(3) The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund shall reimburse the Department of Transportation for the costs incurred in the development and implementation of the informational insert program.

(b) Electronic access.--The organ procurement organizations designated by the Federal Government in the Commonwealth of Pennsylvania as part of the nationwide organ procurement network shall be given 24-hour-a-day electronic access to information necessary to confirm an individual's organ donor status through the Department of Transportation's driver licensing database. Necessary information shall include the individual's name, address, date of birth, driver's license number and organ donor status. Notwithstanding 75 Pa.C.S. § 6114 (relating to limitation on sale, publication and disclosure of records), the Department of Transportation is authorized to provide the organ procurement organizations, after a written agreement between the Department of Transportation and the organ procurement organizations is first obtained, with the foregoing information. The organ procurement organization shall not use such information for any purpose other than to confirm an individual's organ donor status at or near or after an individual's death. The organ procurement organizations shall not be assessed the fee for such information prescribed by 75 Pa.C.S. § 1955(a) (relating to information concerning drivers and vehicles).

(June 23, 2006, P.L.201, No.48, eff. imd.; Dec. 17, 2015, P.L.452, No.79, eff. 60 days; Oct. 23, 2018, P.L.594, No.90)

2018 Amendment. Act 90 amended section 8619. Section 11(1)(iii) of Act 90 provided that the addition of subsec. (a.1) shall take effect immediately and section 11(3) of Act 90 provided that the remainder of section 8619 shall take effect upon publication of the notice under section 8629.

Cross References. Section 8619 is referred to in section 8622 of this title.