2018 Pennsylvania Consolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
Section 8622 - The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund
(a) Establishment.--All contributions received by the Department of Transportation under section 8621 (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions) and the Department of Health under section 8617 (relating to requests for anatomical gifts) shall be deposited into a special fund in the State Treasury to be known as The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund, which is hereby established.
(b) Appropriation.--All moneys deposited in the fund and interest which accrues from those funds are appropriated on a continuing basis subject to the approval of the Governor to compensate the Department of Transportation, the Department of Health and the Department of Revenue for actual costs related to implementation of this chapter, including all costs of the advisory committee created in subsection (c.1). Any remaining funds are appropriated subject to the approval of the Governor for the following purposes:
(1) Ten percent of the total fund may be expended annually by the Department of Health for reasonable hospital and other medical expenses, funeral expenses and incidental expenses incurred by the donor or donor's family in connection with making an organ or tissue donation, along with programming, to provide support services to organ donors and tissue donors and their families, such as bereavement counseling services. Such expenditures shall not exceed $3,000 per donor and shall only be made directly to the funeral home, hospital or other service provider related to the donation. No part of the fund shall be transferred directly to the donor's family, next of kin or estate. The advisory committee shall develop procedures, including the development of a pilot program, necessary for effectuating the purposes of this paragraph.
(2) Fifty percent may be expended for grants to certified organ procurement organizations for the development and implementation of organ donation awareness programs in this Commonwealth. The Department of Health shall develop and administer this grant program, which is hereby established.
(3) Fifteen percent may be expended by the Department of Health, in cooperation with certified organ procurement organizations, for the Project Make-A-Choice program, which shall include information pamphlets designed by the Department of Health relating to organ donor awareness and the laws regarding organ donation, public information and public education about contributing to the fund when obtaining or renewing a driver's license or identification card and when completing a State individual income tax return form. The Department of Health shall develop an informational insert for use when receiving a driver's license or identification card based on the Department of Transportation's specifications in accordance with the requirements of section 8619(a.1) (relating to use of driver's license or identification card to indicate organ or tissue donation). Project Make-A-Choice shall also provide the Internet website address and a hyperlink for the Department of Transportation's Internet website under section 8621(c)(2), and a statement that detailed information about anatomical donation and donation of a hand, facial tissue, limb or other vascularized composite allograft, can be found on the Department of Transportation's publicly accessible Internet website. The Department of Health shall also design information pamphlets about donation of hands, facial tissue and limbs and other vascularized composite allografts. Project Make-a-Choice shall also provide information about donation of hands, facial tissue or limbs or other vascularized composite allografts, which shall include the topics set forth in section 8621(c)(2).
(4) Twenty-five percent may be expended by the Department of Education for the implementation of organ donation awareness programs in the secondary schools in this Commonwealth.
(c) Advisory Committee.--(Deleted by amendment).
(c.1) Advisory committee.--
(1) The Organ and Tissue Donation Advisory Committee is established. Each member shall be appointed by the Governor. Membership shall be as follows:
(i) The Secretary of Education or a designee.
(ii) The Secretary of Health or a designee.
(iii) The Secretary of Transportation or a designee.
(iv) The Secretary of the Commonwealth or a designee.
(v) One representative from each designated organ procurement organization.
(vi) Two representatives of tissue procurement providers.
(vii) Six members representative of:
(A) organ, tissue and eye recipients;
(B) families of recipients;
(C) donors; and
(D) families of donors.
(viii) Two representatives of acute care hospitals which are:
(A) licensed in this Commonwealth; and
(B) members of the Statewide association representing the interests of hospitals throughout this Commonwealth.
(ix) One representative of eye banks.
(x) One representative of community health organizations.
(xi) One elected county coroner of this Commonwealth.
(2) A member under paragraph (1)(i), (ii), (iii) and (iv) shall serve ex officio.
(3) For a member under paragraph (1)(v), (vi), (vii), (viii), (ix), (x) and (xi), the following apply:
(i) Members shall be appointed in a manner which reflects geographic diversity. Input on the selection of the representatives under paragraph (1)(viii) shall be sought from the Statewide association referred to in paragraph (1)(viii)(B).
(ii) The members shall serve five-year terms.
(iii) The Governor may reappoint an advisory committee member for successive terms.
(iv) A member shall remain in office until a successor is appointed and qualified.
(v) If a vacancy occurs prior to completion of a term, the Governor shall appoint a member to fill the unexpired term in the same manner as the vacating member was appointed.
(4) The advisory committee shall meet at least biannually to do all of the following:
(i) Review progress in the area of organ and tissue donation in this Commonwealth.
(ii) Recommend education and awareness training programs.
(iii) Recommend priorities in expenditures from the fund.
(iv) Advise the Secretary of Health on matters relating to administration of the fund.
(v) Recommend legislation as necessary to fulfill the purposes of this subchapter.
(5) The advisory committee shall submit a report concerning the advisory committee's activities and progress to the Secretary of the Senate and the Chief Clerk of the House of Representatives by October 31 of each even-numbered year. A final written report under this section shall be adopted at a public meeting. The report shall be a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(6) The Department of Health shall reimburse members of the advisory committee only for necessary and reasonable travel and other expenses incurred in the performance of the advisory committee members' duties under this subsection.
(d) Reports.--The Department of Health, the Department of Transportation and the Department of Education shall submit an annual report to the General Assembly on expenditures of fund moneys and any progress made in increasing the number of donor designations.
(e) Definition.--(Deleted by amendment).
(f) Lead Commonwealth agency.--The Department of Health shall be the lead Commonwealth agency responsible for promoting organ, tissue and eye donation in this Commonwealth and shall coordinate activities among other collaborating Commonwealth agencies.
(Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90)
2018 Amendment. Act 90 amended section 8622. Section 11(3) of Act 90 provided that the amendment of section 8622 shall take effect upon publication of the notice under section 8629.
2000 Amendment. See sections 2, 3 and 4 of Act 120 in the appendix to this title for special provisions relating to references to Organ Donation Awareness Trust Fund, use of existing forms by Department of Revenue and use of existing forms by Department of Transportation.
Special Provisions in Appendix. See section 9 of Act 102 of 1994 in the appendix to this title for special provisions relating to secondary education program.
Cross References. Section 8622 is referred to in sections 8601, 8617, 8621, 8631 of this title.
