§ 8655. Agents, next of kin and other surrogate decision makers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: October 23, 2018
Effective: October 23, 2018
20 Pa.C.S.A. § 8655
§ 8655. Agents, next of kin and other surrogate decision makers
The following apply:
(1) Subject to paragraph (2), a surrogate decision maker, in order of priority stated when persons in prior classes are not available at the time of death, and in the absence of actual notice of contrary indications by the decedent as set forth in subparagraph (ii) or evidence of a prohibition, amendment, revocation or denial of a gift of a vascularized composite allograft as set forth in subparagraph (i) or actual notice of opposition by a member of the same or a prior class, may authorize the donation of hands, facial tissue, limbs or other vascularized composite allografts of an individual who is at least 18 years of age and whose death is imminent or who has died in a hospital if:
(i) there is no evidence of a prohibition, amendment, revocation or denial of a gift of hands, facial tissue, limbs and other vascularized composite allografts in a living will, will, advance health care directive, health care power of attorney, power of attorney or other document of the individual; and
(ii) there is no actual notice of contrary indications by the individual regarding such a gift in any form, including through statements made by the individual to health care professionals, to family members or to the surrogate decision maker. If the surrogate decision maker has actual notice of contrary indications on the part of the individual with respect to making a donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts, then it is unlawful for the surrogate decision maker to make such a gift. The hospital, health care professionals, donees under section 8662 (relating to donees and vascularized composite allografts) and organ procurement organization shall not effectuate a donation if the individual evidenced contrary indications regarding donation of the individual's hands, facial tissue, limbs or other vascularized composite allografts.
Credits
2018, Oct. 23, P.L. 594, No. 90, § 10, imd. effective.
20 Pa.C.S.A. § 8655, PA ST 20 Pa.C.S.A. § 8655
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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