Analysis of State Actions Regarding Donor Registries. APPENDIX B: STATE ACTIONS AFFECTING DONOR REGISTRIES

01/04/2000

STATE REMARKS ABOUT STATE ACTIONS ORGAN DONATION INDICATED ON DRIVER'S LICENSE ADDITIONAL DONOR CARDS PUBLIC AWARENESS AND EDUCATION REGISTRY AS ADVANCE DIRECTIVE INFORMED CONSENT ACCESS TO REGISTRY INFORMATION MAINTENANCE AND TECHNICAL ASPECTS ROLE OF MEDICAL EXAMINERS EVALUATION
ALABAMA >Encourages organ sharing across state lines YES   98 House Bill 527: Optional $1 gift to the Bobby McDowell Gift of Life Trust Fund for donation awareness            
ALASKA >No enacted legislation in recent years NO                
ARIZONA >Legislation emphasizes individual rights YES     98 House Bill 2156: Without advance directive, prioritized individuals may make an anatomical gift; removes need for consent after donor's death          
ARKANSAS >Donor information from OMS provided to OPO YES   97 Senate Bill 35: "Make Life Happen" multimedia donor awareness campaign 99 Senate Bill 120: Allows documented telephone message as an advance directive; 97 Senate Bill 35: Created registry by giving OPO access to license information and by making clerks ask individuals to be donors   97 Senate Bill 35: 24-hour access to database by OPO personnel Driver’s license information is downloaded monthly from the State Revenue Department computer system*   Ongoing analysis of who is registered
CALIFORNIA >"Pacemaker" and type of gift on donor card NO YES   99 Senate Bill 771: Create registry through HHS; 98 Senate Bill 1403: Consent for corneal material; 96 7151.5: Hospital removal after attempted NOK search 99 Senate Bill 771: Pamphlets about registries given at license renewal; 98 Assembly Bill 1225: Person between 15-18 years of age can make gift with parents consent 99 Senate Bill 771: 24-hour-a-day access by OPO 99 Senate Bill 771: Registry enrollment form shall be posted on the California HHS website    
COLORADO   YES   96 House Bill 1138: Optional $1 gift to donation awareness and educational fund 98 Senate Bill 072: Eliminates witness of signatures; affirms donor wishes; affirms coroners authority to deny gift; "Y" on front of license 96 House Bill 1138: Donation information must be available at driver license offices        
CONNECTICUT   YES     99 Senate Bill 1297: Appointed health decision maker for decedent can make gift; 98 Senate Bill 545: Anatomical gift made with document signed by donor; 98 House Bill 580: Donation indicated on driver's license; creation of DMV registry          
DELAWARE   YES   98 House Bill 580: Created trust fund for donor education 98 House Bill 580: With a valid advance directive, consent of the NOK is not necessary at the time of death; created DMV registry and only "Yes" appears on license          
DISTRICT OF COLUMBIA No new legislation in recent years regarding donor registries YES YES   "Organ Donor" printed on license On-site education of DMV employees, brochures available at DMV and with mailed license renewal Link to police department      
FLORIDA >Multi-agency effort YES   97 732.915: Funding through Florida Organ and Tissue Donor Education and Procurement Trust Fund Youth education program 99 Senate Bill 2228: Without advance directive, prioritized individuals may make an anatomical gift; 98 Senate Bill 304: Protects OPOs and hospitals in carrying out advance directive; 97 732.915: Establishment of DMV donor registry   97 732.915: 24-hour web site access to certified hospitals and OPOs with password 98 Senate Bill 304: Allows money from the procurement trust fund to help maintain registry Database contains donor wills and signature    
GEORGIA >Registry in early stages YES   96 40-5-25: Optional gift to donation awareness and educational trust fund 96 44-5-143: Without advance directive, prioritized individuals may make an anatomical gift 96 40-5-25: Driver license fee reduction for donors 24-hour access to authorized users Advance technological database; magnetic tape, scanned document, and keyboard method of data entry    
HAWAII   YES YES 99 House Bill 547: Optional $1 gift to donation awareness and educational trust fund     99 House Bill 547: 24-hour access to database     99 House Bill 547: Requires hospitals to allow death record review
IDAHO   YES                
ILLINOIS   YES   1993 Live & Learn Legislation : Created education trust fund UAGA makes signed license effective without consent from NOK; Illinois Vehicle Code: Donor card on back of license; only "Donor" appears on card Looped tapes, brochures, posters and countertop displays at the DMV; sends "Thank You" letters to participants OPOs and coroners have 24-hour access via an 800 number Additional data field in driver’s license database    
INDIANA >Donor care for minors >Capture donation limit on file YES YES 99 House Bill 1184: Optional gift to donation awareness and educational trust fund     Information available to law enforcement only      
IOWA >"Medic Alert" and "Living Will" on license YES   County Treasurer can collect funds for awareness grants administered by DPH Durable power of authority over NOK       Medical Examiners can authorize donation if no NOK  
KANSAS >Few recent actions NO                
KENTUCKY   NO   92 186.531: Optional $1 gift to donation awareness and educational trust fund            
LOUISIANA   YES YES Statewide television/print media campaign; registry awareness at many locations beyond DMV (e.g. church groups, heath fairs etc.) Title 32 Section 410: Requires driver’s license officer to ask each license applicant whether they would like to be a donor Extensive training for DMV personnel Registry available on the Internet OPO only agency with access to the registry Itemized listing of donation wishes   99 Senate Concurrent Resolution 148: Study feasibility of paying funeral expenses DMV data to Louisiana Donor Registry; analysis funded by an NIH grant
MAINE   YES                
MARYLAND   YES   98 Senate Bill 230: Created Organ and Tissue Donation Awareness Fund 98 Senate Bill 230: Without advance directive, prioritized individuals may make an anatomical gift; driver’s license is a valid advance directive "Donor-Yes" printed on license 98 Amoss Organ and Tissue Act: Allows 16-year olds to donate with parent’s co-signature Posters at DMV OPOs can call the State Police to check donor status 24-hours per day Thank you cards given to participants      
MASSACHUSETTS   YES YES     Law requires that organ donor program information be included in driver's license renewal notices        
MICHIGAN   NO   98 House Bill 4031 & 4062: Opportunity on state ID to make donation

Public awareness at many places (e.g. church programs, health fairs etc.)

  98 House Bill 4031 & 4062: Receive registry information at license renewal   Captures picture of signed donor card    
MINNESOTA >Bill amends Living Will to include donation YES     99 Senate Bill 301: Choice to empower health care agent to make organ donation decisions          
MISSISSIPPI   YES                
MISSOURI   YES   96 194.302: Optional gift to Donor Awareness Fund

TV and radio ads; secondary education

96 194.302: Driver’s license is a legal advance directive without NOK consent; creation of registry/database Pamphlets given out at driver’s license renewal OPOs and Missouri Lion’s Eye Bank have limited access Department of Health maintains registry   The Arc Survey on general public awareness about the donation process
MONTANA >Examiners must ask each applicant YES YES 99 House Bill 454: Provides voluntary check-off on vehicle registration for a donation to support public awareness            
NEBRASKA   NO   99 Legislative Bill 147: Optional $1 gift to Organ and Tissue Donor Awareness Education Fund May eliminate requirement for witness when making advance directive          
NEVADA >Examiners must ask each applicant YES YES Optional gift to organ donation education fund   93 451.555: A gift from a donor less than 18 requires approval by one witness and one parent/guardian        
NEW HAMPSHIRE   YES YES              
NEW JERSEY   YES YES   99 Assembly Bill 2623: Donation status indicated on driver's license electronically       Requires medical examiners to justify their refusal of donation  
NEW MEXICO   YES       95 24-6A-2: An individual who is 16 years of age or older may make an anatomical gift without parent's consent        
NEW YORK   NO                
NORTH CAROLINA   YES YES     Decedent’s wishes have priority of the NOK       97 House Bill 1197: Study the establishment of a statewide registry of persons with advance directives

E valuating "post card" type renewal reminder for driver's license

NORTH DAKOTA   YES YES              
OHIO >Automated systems prompts inquiry >Fee to file willingness to donate with county clerk YES   96 2108.15/4507.231: Optional $1 gift to support Second Chance Trust Fund Intent to have birthday card education program           Intent to measure relationship between the intent of donation and targeted areas
OKLAHOMA >Participation rate up since supplemental card stopped NO                
OREGON > New legislation authorizes donor card YES NO A special license plate raises funds for education            
PENNSYLVANIA   YES   96 8618/ 8621: Donation to Organ Donation Awareness Trust Fund can be made on income tax return form; 94 Act 102: Optional $1 gift to support Organ Donation Trust Fund 94 Act 102: Consent is not necessary with advance directive; establishment of donor registry; only "Yes" appears on card   24-hour access via 800 phone number at DOT      
RHODE ISLAND   YES YES     98 House Bill 7797: Information on the state registry will be sent to each person renewing a license

Notary required on Organ Donor Card

      99 House Bill 6192 : Commission to study "All aspects of Organ Donation"
SOUTH CAROLINA   YES   99 House Bill: Optional $1 gift for Organ Donor Program 44-43-330: Without advance directive, prioritized individuals may make an anatomical gift; 99 House Bill: Organ status indicated on license     44-43-330: Rights of the donee are paramount to all others    
SOUTH DAKOTA >"Medic Alert", "Living Will" and "Power of Attorney" on driver's license YES     99 House Bill 1146: Law enforcement personnel with access to license must inform NOK of decedent's advance directive          
TENNESSEE >File shows blood type YES YES 96 Public Chapter 83: Optional $1 gift for Organ Donation Education 97 Warner Act : With signed driver’s license no further consent is needed; requires reasonable search for license by law enforcement personnel; 90 Public Chapter 775: Created donor registry through license Brochures and posters at driver’s license renewal 90 Legislation: 24-hour access to registry by authorized personal      
TEXAS >Stopped using supplemental Organ Donor Cards YES NO 99 Senate Bill 673 : Optional $1 fee at License renewal to fund the Anatomical Gift Educational Program 97 Senate Bill 952 : Removal of donor status; 86 Legislation: Requires all hospitals to ask NOK for consent even with an advance directive     Contracted technical support Require medical examiners to justify their refusal of donation Passed a law creating a public task force that will report in December 2000 on issues relating to organ allocation
UTAH   YES YES   96 26-28-9: Rights of the procurement entity are superior to the interests of others NOK must sign form saying they were offered donation          
VERMONT   YES YES   98 5271: Unless the decedent has an advance directive, prioritized NOK can make a gift          
VIRGINIA   YES     96 32.1-290.1: Unless the decedent has an advance directive, prioritized NOK can make a gift 99 House Bill 2670: Requires organ donation brochure to be given out at license renewal

16-year olds can donate with guardian’s signature

      99 Senate Joint Resolution 453/454: Plan to increase organ donation awareness and examine donation issues
WASHINGTON > Provisions for organ donation medal YES     97 68.50.500: Unless the decedent has an advance directive, prioritized NOK can make a gift Minimum age for choosing to be a donor is 16 years of age        
WEST VIRGINIA   YES                
WISCONSIN   YES     96 157.06: Unless the decedent has an advance directive, prioritized NOK can make a gift; rights of the donee (OPO, individual, hospital, surgeon) are superior to the interests of others          
WYOMING   YES