Pennsylvania § 8624 - Prohibited activities.

§ 8624. Prohibited activities.

(a) Affiliates.--(Deleted by amendment).

(b) Unfair acts.--(Deleted by amendment).

(c) Organ procurement organizations, eye banks and tissue banks.--

(1) An organ procurement organization, an eye bank or a tissue bank shall not do any of the following:

(i) Disparage the services or business of another organ procurement organization, eye bank or tissue bank by false or misleading representations of fact.

(ii) Engage in fraudulent conduct to influence the selection by a hospital of an eye bank or tissue bank.

(iii) Engage in unlawful competition or discrimination.

(2) This subsection is not intended to restrict or preclude an organ procurement organization from marketing or promoting the organ procurement organization's services in the normal course of business.

(d) Funeral establishments.--

(1) Except as set forth in paragraph (2), a funeral director or a funeral establishment shall not:

(i) remove body parts from a corpse;

(ii) permit others to remove body parts from a corpse; or

(iii) use funeral establishment facilities to remove body parts from a corpse.

(2) Paragraph (1) shall not apply as follows:

(i) Removal is permissible if it is:

(A) necessary to perform embalming or other services in preparation for burial or cremation; and

(B) authorized in writing by a family member, guardian or other person responsible for disposition of the body.

(ii) Notwithstanding any other provision of law, if a donation is authorized under this subchapter, a designated organ procurement organization and a Pennsylvania nonprofit eye bank accredited by the Eye Bank Association of America may recover donated ocular tissue, including the whole eye, cornea and sclera, and associated blood specimens at a funeral establishment.

(3) If a funeral director is notified by a person authorized to make donations under this subchapter that the person wishes to donate body parts from a corpse within the funeral director's custody, the funeral director shall immediately notify the organ procurement organization designated to serve that region.

(Oct. 23, 2018, P.L.594, No.90)

2018 Amendment. Section 11(3) of Act 90 provided that the amendment of section 8624 shall take effect upon publication of the notice under section 8629.