2020 Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
Section 8621 - The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund contributions
(a) Driver's license.--
(1) Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the Department of Transportation shall provide an applicant for an original or renewal driver's license or identification card the opportunity to make a contribution of $3 to the fund. The contribution shall be added to the regular fee for an original or renewal driver's license or identification card. One contribution may be made for each issuance or renewal of a license or identification card. Contributions shall be used exclusively for the purposes set out in section 8622 (relating to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund).
(2) The Department of Transportation shall monthly determine the total amount designated under this section and shall report that amount to the State Treasurer, who shall transfer that amount to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.
(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 initial development and implementation of the contribution program, as well as any additional costs that may arise from changes that are agreed to by both the Department of Transportation and the advisory committee.
(b) Vehicle registration.--
(1) Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the Department of Transportation shall provide an applicant for a renewal vehicle registration the opportunity to make a contribution of $3 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. The contribution shall be added to the regular fee for a renewal of a vehicle registration. One contribution may be made for each renewal vehicle registration. Contributions shall be used exclusively for the purposes described in section 8622. An applicant for a two-year vehicle registration may make a contribution of $6 to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund on the Department of Transportation's publicly accessible Internet website.
(2) The Department of Transportation shall monthly determine the total amount designated under this section and shall report that amount to the State Treasurer, who shall transfer that amount to The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.
(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 initial development and implementation of the contribution program as well as any additional costs that may arise from changes that are agreed to by both the Department of Transportation and the advisory committee.
(4) The General Fund shall reimburse the Department of Transportation for the actual annual operating costs of the program for vehicle registrations as described in this subsection.
(c) Internet website.--The following shall become effective within 365 days of the effective date of this subsection:
(1) The Department of Transportation's publicly accessible Internet website shall provide hyperlinks through which persons may electronically make voluntary contributions of at least $1 to the fund. At a minimum, the hyperlinks shall be provided in accordance with subsections (a)(1) and (b)(1).
(2) The Department of Transportation shall provide detailed information on the Department of Transportation's publicly accessible Internet website, written in nonlegal terms, in both English and Spanish, about anatomical donation, organ donation and vascularized composite allografts. The website shall include the following:
(i) The laws of this Commonwealth, including a statement that donating a part of the body is voluntary.
(ii) The risks and benefits of organ donation, tissue donation and donation of eyes.
(iii) The risks and benefits of donating a hand, facial tissue or limb or other vascularized composite allografts. The information about risks and benefits shall include information that the appearance of the donor will be significantly altered after recovery and that the surgical recovery team may perform reconstructive surgery to prepare for burial. In addition, the information shall include a statement that a vascularized composite allograft may impact burial arrangements and that an open casket may not be possible. The information shall also include and clearly explain:
(A) The difference between hand, facial tissue and limb donation and organ donation.
(B) The procedure for recovery of a hand, facial tissue or limb or other vascularized composite allograft.
(C) That Pennsylvania law requires explicit and specific and separate consent to donate hands, facial tissue or limbs or other vascularized composite allografts from the donor and, when applicable, the donor's family.
(D) The procedure needed to obtain consent from family members for a donation of organs, tissues and eyes and the procedure needed to obtain consent from families for hands, facial tissue, limbs or other vascularized composite allografts.
(E) That donation of hands, facial tissue or limbs or other vascularized composite allografts is voluntary.
(F) That documents such as living wills, advance health care directives, health care powers of attorney and powers of attorney may be used to permit or deny making a donation of hands, facial tissue or limbs or other vascularized composite allografts, depending upon the individual's wishes.
(G) The procedure used by hospitals and organ procurement organizations to effectuate a donation of hands, facial tissue or limbs or other vascularized composite allografts.
(H) That if the individual intends to withhold or withdraw life-sustaining measures through an advance health care directive, living will, health care power of attorney, power of attorney or other document, that the choices of the individual for end-of-life care may be incompatible with donation of what we traditionally think of as organs (heart, lung, liver, kidney) and hands, facial tissue or limbs or other vascularized composite allografts.
(I) That the individual may wish to consult with a physician, attorney or clergy before making the decision to make a donation of what we traditionally think of as organs (heart, lung, liver, kidney) or a donation of hands, facial tissue or limbs or other vascularized composite allografts.
(iv) The laws of this Commonwealth regarding living wills, health care powers of attorney, advance health care directives, do-not-resuscitate orders and other documents which can be used to provide, limit or deny making or revoking an anatomical donation or a donation of hands, facial tissue or limbs or other vascularized composite allografts.
(v) A description regarding:
(A) the procedure used by hospitals and organ procurement organizations to ask family members if the individual will make an anatomical donation;
(B) if the individual may be or is an organ, tissue or eye donor, the types of tests that will be performed on the individual by a hospital, organ procurement organization, tissue procurement organization, eye bank or tissue bank and the procedure used to recover organs, tissues and eyes, including any differences in the procedure used to recover organs; and
(C) brain death and cardiac death.
(3) The Department of Transportation shall provide the material listed in paragraph (2) in written form, in English and in Spanish, at all driver's license centers across this Commonwealth. Additionally, the Department of Transportation shall provide such materials upon request, including the request of another agency of the Commonwealth.
(4) The Department of Health shall provide conspicuous notice on the Department of Health's publicly accessible Internet website that detailed information about anatomical donation and donation of a hand, facial tissue, limb or other vascularized composite allograft may be found on the Department of Transportation's publicly accessible Internet website. The Department of Health shall also provide a conspicuous hyperlink to the information set forth in paragraph (2).
(June 18, 1998, P.L.529, No.74, eff. July 1, 1999; Dec. 20, 2000, P.L.881, No.120, eff. imd.; Oct. 23, 2018, P.L.594, No.90, eff. imd.; Nov. 25, 2020, P.L.1188, No.115, eff. 90 days)
2020 Amendment. Act 115 amended subsec. (b)(1).
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.
Cross References. Section 8621 is referred to in sections 8622, 8629, 8630 of this title.
