Pennsylvania: how to refuse organ donation

How an objection operates (b), (c)(1)(i)

§ 8611(b): 'Subject to subsection (b.1), any of the following persons who are reasonably available, in order of priority stated, when persons in prior classes are not reasonably available at the time of death, and in the absence of known objections by the decedent or by a member of a prior class, may give all or any part of the decedent's body ....' § 8611(c)(1): 'The donee may not accept a gift under any of the following circumstances: (i) The donee knows of an objection by the decedent.'

20 Pa.C.S. §§ 8611(c)(1)(i), 8613(e)(1), 8617(c)(3)(iii)(B), (d)(1)(iii)(A), (d)(2)(i), (f.2)(2), (f.3)(2), (f.4)(2)

How a written refusal is recorded and honored

§ 8617(c)(3): 'The hospital administrator or the hospital administrator's designated representative shall indicate in the medical record of the individual the information under this paragraph.' § 8617(c)(3)(iii)(B): 'Whether the individual indicated in an advance health care directive, living will, power of attorney, health care power of attorney, will or other document an intention to limit the anatomical gifts of the individual in any way, including the intention to limit an anatomical gift to parts of the body which do not require a ventilator or other life-sustaining measures, or to deny making or refusing to make an anatomical gift.' § 8617(d)(1)(iii)(A): 'the individual has not: (A) indicated in an advance health care directive, a living will, power of attorney, health care power of attorney, will, DNR order or other document an intention to either limit the anatomical gifts of the individual to parts of the body which do not require a ventilator or other life-sustaining measures or indicated an intention to deny making or refusing to make an anatomical gift; or' § 8617(d)(2)(i): 'Subject to the wishes expressed by the individual under subsection (c)(3), the organ procurement organization may conduct a blood or tissue test or minimally invasive examination which is reasonably necessary to evaluate the medical suitability of a part that is or may be the subject of an anatomical gift. Testing and examination under this subparagraph shall comply with a denial or refusal to make an anatomical gift or any limitation expressed by the individual with respect to the part of the body to donate or a limitation in the provision of a ventilator or other life-sustaining measures, as specified in subsection (c)(3) or a revocation or amendment to an anatomical gift as specified in a document in subsection (c)(3) or in any other document or in accordance with section 8615.' § 8617(f.2)(2): 'Subject to the wishes of the individual under subsection (c)(3) and this subchapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation and the use of remains in a funeral service. If the gift is of a part, the person to whom the part passes under section 8612, upon the death of the individual and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.' § 8617(f.3)(2): 'Subject to the individual's wishes under subsection (c)(3), and subject to paragraph (1), a physician or technician may remove a donated part from the body of an individual that the physician or technician is qualified to remove.' § 8617(f.4)(2): 'The organ procurement organization, hospital personnel and other individuals involved in the anatomical donation process shall limit the testing and examination of the individual under this section so as to comply with the wishes of the individual under subsection (c)(3).'

20 Pa.C.S. § 8617(c)(3)(iii)(B), (d)(1)(iii)(A), (d)(2)(i), (f.2)(2), (f.3)(2), (f.4)(2)

Anatomical gifts prohibited in certain circumstances (b.1)

An anatomical gift may not be made by a person set forth in subsection (b) if, before an incision has been made to remove a part from the decedent's body or before invasive procedures have begun to prepare an intended recipient, any of the following apply: (1) The district attorney or a law enforcement officer notifies the organ procurement organization that the person is a suspect or a person of interest in causing the disease, illness, injury or condition of the decedent. (2) The person is the subject of a protection from abuse order, an order issued under 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation), or a similar order from a court that was issued to the decedent. (3) The district attorney or a law enforcement officer notifies the organ procurement organization that the person has been arrested or detained in connection with the condition of the decedent.

20 Pa.C.S. §§ 8611(c)(1)(i), 8613(e)(1), 8617(c)(3)(iii)(B), (d)(1)(iii)(A), (d)(2)(i), (f.2)(2), (f.3)(2), (f.4)(2)

What cannot be overridden here is a GIFT, not a refusal (§ 8613(e)(1))

Subject to paragraph (2), a donor's gift of all or any part of the donor's body, including a designation in a registry on a driver's license or identification card, donor card, advance health care directive, will or other document of gift, may not be revoked by the next of kin or other persons identified in section 8611(b). The consent of any person at the time of the donor's death or immediately thereafter is not necessary to render the gift valid and effective. This paragraph shall not be construed to permit the donation of a vascularized composite allograft.

20 Pa.C.S. §§ 8611(c)(1)(i), 8613(e)(1), 8617(c)(3)(iii)(B), (d)(1)(iii)(A), (d)(2)(i), (f.2)(2), (f.3)(2), (f.4)(2)

A card carried on you, in the statute (for making a gift) (b)

A gift of all or part of the body under section 8611(a) may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence.

20 Pa.C.S. § 8613(b)