§ 8654. Requirement of explicit, specific and separate authorization.

469 words·~2 min read·/pa/title-20/chapter-86/8654

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following apply:

(1)An individual of sound mind who is 18 years of age or older may authorize recovery of hands, facial tissue, limbs and other vascularized composite allografts. The authorization may be in a will, living will, health care power of attorney, power of attorney or other document. In order to be valid, the authorization must be in writing, witnessed by two other individuals and explicitly and specifically state that the individual authorizes the recovery of the individual's hands, facial tissue, limbs or other vascularized composite allografts. The authorization must be provided separately from an anatomical donation. If the individual explicitly, specifically and separately authorizes such a gift and requests reconstructive surgery, then the surgery shall be provided at no cost to the individual or the individual's family or representative. Any limitations on the provision of the gift authorized by the individual shall be honored by the hospital, a donee under section 8662 (relating to donees and vascularized composite allografts), health care professionals involved in the recovery and transplantation process, the organ procurement organizations and any other person involved with the donation and recovery of a vascularized composite allograft. If the individual authorizes a gift of hands, facial tissue, limbs or other vascularized composite allografts, then authorization of a surrogate decision maker shall not be necessary.

(2)It is unlawful for a minor to authorize the donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts. In the case of a minor whose death is imminent or who has died in a hospital, a parent or guardian may authorize donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts if the parent or guardian does not have actual notice of contrary indications on the part of the minor with respect to making a donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts and there is no actual notice of opposition by the other parent. If the parent or guardian has actual notice of contrary indications or there is actual notice of opposition by the other parent, then the parent or guardian is not authorized to make such a gift. The hospital, health care professionals, organ procurement organization and a donee under section 8662 shall not effectuate a donation if the minor evidenced contrary indications regarding donation of the minor's hands, facial tissue, limbs or other vascularized composite allografts or there is actual notice of opposition by the other parent.

(3)A gift of a vascularized composite allograft under this section may be revoked or amended at any time and in the manner specified in section 8615 (relating to amendment or revocation of gift).

20c8654v

Cross References. Section 8654 is referred to in section 305 of this title.

20c8655s