You asked for information on other states' activities to encourage organ donations.

SUMMARY

A number of states have been active recently in passing legislation designed to encourage and promote organ donations. These laws generally fall into categories of consent procedures, diligent search protections, donor registries, education and promotion activities, and living donor incentives. This report, based on an issue brief prepared by NCSL's Health Policy Tracking Service, focuses on legislation adopted in the past two years.

CONSENT

Much of the recent state legislation on organ donations and procurement addresses the issue of consent. Many states have made consent to organ donation a part of the driver's license or state identification card process.

Delaware

A 2001 law prohibits the next-of-kin from revoking a donor's gift. This new law (Senate Bill 4) includes gifts made through a designation on a driver's license or identification card, donor card, advanced health care directive, or other documentation.

Indiana

A 2000 law (House Bill 1034) requires the Bureau of Motor Vehicles to verbally ask a driver's license or identification card applicant whether he wishes to make an anatomical gift and if so, to place an identifying symbol on the face of the document indicating the intention to donate.

Kentucky

A 2000 law (HB 208) provides that unless a donor revokes the organ donation, a family member cannot contravene his wishes.

Oklahoma

Legislation enacted in 2001 (HB 1183) makes the wishes of the deceased made through an advanced directive, driver's license designation, or will supercede the family's wishes.

South Carolina

The state expanded existing law in 2000 by requiring applications for a driver's license or permit to allow an applicant to voluntarily disclose that he is an organ and tissue donor. This must then be indicated by a symbol on the driver's license and contained in the driver's record (HB 3335).

South Dakota

A new law makes an anatomical gift irrevocable by any person other than the donor. This law (SB 57) also provides that an anatomical gift doesn't require the consent of any person after the donor's death.

Utah

A 2001 law (SB 109) requires every driver's license certificate to indicate whether an applicant plans to make an anatomical gift. It also allows the state's Driver License Division to release this information to an organ procurement organization.

West Virginia

HB 4587, passed in 2000, expands the class of persons who can make an anatomical gift of all or part of the decedent's body to include the medical power of attorney, if available, and the health care surrogate.

DILIGENT SEARCH

This refers to a search regarding the intent of the deceased to make an anatomical gift upon death.

Texas

A new Texas law (HB 80) gives immunity to individuals who act in good faith and make a reasonable effort to locate and contact the member or members of the highest priority class who are available at or near the time of death of the donor.

West Virginia

A 2000 law (HB 4587) requires certain people to make a reasonable search for a document of gift or other information identifying an individual as a donor. These people include law enforcement officers, firefighters, paramedics, other emergency personnel, hospitals, coroners, or chief medical examiners.

DONOR REGISTRIES

Generally, a donor registry is a database of people interested in donating organs. Registries also may include specific information about the organs a person wants to donate. Under the appropriate circumstances, authorized individuals (for example, hospital administrators, organ procurement representatives, law enforcement personnel) can access the database to determine a decedent's intent to make an anatomical gift. In 2000, Colorado, Indiana, Iowa, and Virginia enacted legislation creating registries.

Colorado

Colorado's legislation (SB 54) creates an organ and tissue donor registry to be implemented and maintained by the federally designated organ procurement agency (OPA) for the region. An OPA is a facility that is licensed, accredited, or approved for the storage of human bodies or parts. The state Department of Revenue must electronically provide records of people who have designated organ and tissue donation when applying for a driver's license, driver's permit, or identification card.

Indiana

Indiana's law (HB 1419) established the anatomical gift promotion fund to receive money donations collected by the Bureau of Motor Vehicles for organizations that promote procurement of organs for anatomical gifts. The funds must be distributed to the Indiana organ procurement organization (OPO; an organization licensed, accredited or approved under the laws of a state for the procurement, distribution, or storage of human bodies or parts) to establish a statewide telephone donor and patient referral system.

Iowa

Iowa's legislation (HB 2385) calls for the establishment of a statewide organ and tissue donor registry.

Virginia

Virginia passed legislation (HB 1257, SB 551) creating the Virginia Organ and Tissue Donor Registry. The registry is meant to provide a means for recovering an anatomical gift for transplantation or research by collecting and analyzing donor data for effectiveness in increasing organ donations.

EDUCATION AND PROMOTION

Some states have passed legislation designed to educate the public about organ donation as well as promote such activity.

Missouri

A 2001 law (HB 679) allows applicants eligible for a six-year driver's license renewal to make a $ 2 donation for organ and tissue donation activities.

Oklahoma

Oklahoma enacted legislation in 2001 (SB 5390) that allows applicants for vehicle titles to make monetary donations to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund. This fund was originally created by 2000 legislation (SB 1528) to develop and promote organ donor public education and awareness programs. It also allows taxpayers to contribute to the fund through their state income tax returns and requires that applicants for new or renewed driver's licenses, identification cards or license plates be given the opportunity in writing to make a minimum $ 1 voluntary contribution to the fund. The legislation also requires the state superintendent of public instruction to develop an organ donor education and awareness curriculum for use in elementary and secondary schools.

Texas

Texas passed a law in 2001 (SB 154) that requires including information about anatomical gifts in driver education and driver safety course curriculum.

Virginia

A 2000 law (SB 48) allowed medical-related tax exemptions from July 1, 2000 to June 30, 2001 to nonprofit corporations for personal property used to address the nationwide shortage of transplantable organs. Items that are tax-exempt should be used to promote an increase in organ and tissue donation through campaigns in national print and broadcast media and community-based programs educating the public about the benefits of organ donation.

A 2001 law (HB 2651) allows taxpayers to designate on the tax form a donation to the Virginia Transplant Council.

Wisconsin

A 2000 law (AB 764) requires certain driver education courses to include 30 minutes of instruction on organ and tissue donation.

LIVING DONOR

Four states have recently passed legislation that addresses the "living donor" issue, granting leaves of absence to employees donating organs or bone marrow, or creating other incentives for such donations.

Maryland

Maryland passed a law in 2000 (SB 17) allowing state employees to get leave with pay for bone marrow or organ donations.

Missouri

A new Missouri law (HB 679) grants a paid leave of absence to state employees donating organs or bone marrow.

Pennsylvania

Legislation enacted in 2000 (HB 81) provides tax breaks to private businesses giving employees a leave of absence for donating bone marrow.

Virginia

A new Virginia law (HB 1642) grants a paid leave of absence for up to 30 days per year for state employees donating an organ, bone marrow, or blood.

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