Pennsylvania Act 2006-48 — PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - ELECTRONIC ACCESS TO DRIVER RECORDS TO CONFIRM ORGAN DONOR STATUS

Act text

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - ELECTRONIC ACCESS TO
               DRIVER RECORDS TO CONFIRM ORGAN DONOR STATUS
                  Act of Jun. 23, 2006, P.L. 201, No. 48              Cl. 20
                             Session of 2006
                               No. 2006-48

     HB 1834

                                  AN ACT

     Amending Title 20 (Decedents, Estates and Fiduciaries) of the
        Pennsylvania Consolidated Statutes, further providing for
        electronic access to driver records to confirm organ donor
        status.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 8619 of Title 20 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 8619.  Use of driver's license or identification card to
                indicate organ or tissue donation.
        (a)  General rule.--Beginning as soon as practicable, but no
     later than January 1, 1995, or one year following the effective
     date of this section, whichever is later, 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:
            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. A notation on an individual's driver's license
     or identification card that he intends to donate his organs or
     tissue is deemed sufficient to satisfy all requirements for
     consent to organ or tissue donation.
        (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
     may 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).
        Section 2.  This act shall take effect immediately.

     APPROVED--The 23rd day of June, A. D. 2006.

     EDWARD G. RENDELL