§ 8619. Use of driver's license or identification card to indicate organ or tissue donation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: October 26, 2019
Effective: October 26, 2019
20 Pa.C.S.A. § 8619
§ 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 section 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),1 known as the Right-to-Know Law.
(1) Within 180 days of the effective date of this subsection,2 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.
(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
(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).
Credits
1994, Dec. 1, P.L. 655, No. 102, § 8, effective in 90 days. Amended 2006, June 23, P.L. 201, No. 48, § 1, imd. effective; 2015, Dec. 17, P.L. 452, No. 79, § 1, effective in 60 days [Feb. 16, 2016]; 2018, Oct. 23, P.L. 594, No. 90, § 7.
20 Pa.C.S.A. § 8619, PA ST 20 Pa.C.S.A. § 8619
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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