Bill Text: NJ A2353 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns organ and tissue donation.
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2014-02-06 - Introduced, Referred to Assembly Health and Senior Services Committee [A2353 Detail]
Download: New_Jersey-2014-A2353-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Concerns organ and tissue donation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning organ and tissue donation and amending P.L.1978, c.181 and P.L.2008, c.48.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1978, c.181 (C.39:3-12.2) is amended as follows:
1. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall provide with every new license, renewal license, identification card or renewal identification card the opportunity for each person pursuant to the provisions of the "Revised Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et seq.), to designate that the person shall not donate all or any organs or tissues for the purposes of transplantation or therapy. The default designation on every license or identification card issued shall be that a person is an organ donor. A person wishing to opt out of organ donation shall make an affirmative designation to that effect. This provision shall not apply to persons under the age of 18 years.
b. The designation indicating that a person is a donor pursuant to subsection a. of this section shall be done in accordance with procedures prescribed by the chief administrator. The designation shall be displayed in print in a conspicuous form and manner on the license or identification card, and electronically, by substantially the following statement: "ORGAN DONOR" and shall constitute sufficient legal authority for the removal of organs or tissues for the purposes of transplantation or therapy upon the death of the licensee or identification cardholder. The designation shall be removed in accordance with procedures prescribed by the chief administrator.
c. (Deleted by amendment, P.L.1999, c.28).
d. (Deleted by amendment, P.L.2007, c.80).
e. The chief administrator, in consultation with those organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey, shall establish and provide an annual education program for agency employees and personnel. The program shall focus on the benefits associated with organ and tissue donations, the scope and operation of New Jersey's donor program, and how the agency's employees and personnel can effectively inform the public about the donor program and can best assist those wishing to participate in the donor program, including use of the Donate Life NJ Registry, established pursuant to P.L.2008, c.48 (C.26:6-66 et al.).
f. The chief administrator shall electronically record and store all organ donor designations and identification information, and shall provide the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey with real-time electronic access to the organ donor designation information collected pursuant to subsection a. of this section. An organ procurement organization designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey, or any donor registry established by any such organization, shall have real-time electronic access to those organ donor designations and identification at all times, without exception, for the purposes of verifying organ and tissue donation status and identity. For these purposes, the federally designated organ procurement organization shall have electronic access to each recorded donor's name, address, date of birth, gender, color of eyes, height, and driver's license number. Upon request, the chief administrator shall provide a copy of the donor's original driver's license application.
g. Those organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey may contract with a third party, in consultation with the chief administrator, to assess, develop, and implement any system set-up necessary to support the initial and ongoing electronic access by those organizations to the donor designation and identification information required to be made available in accordance with the provisions of this section; however, the organ procurement organizations shall not be required to incur an aggregate cost in excess of $50,000 for the purposes of this subsection.
(cf: P.L.2008, c.50, s.25)
2. Section 8 of P.L.2008, c.48 (C.39:3-12.4) is amended to read as follows:
8. a. Beginning five years after the effective date of P.L.2008, c.48 (C.26:6-66 et al.), no driver's license or personal identification card shall be issued or renewed unless the applicant first addresses the issue of donation through an on-line portal connected to the Donate Life NJ Registry or at New Jersey Motor Vehicle Commission agencies and regional service centers. This section shall not apply to applicants for provisional licenses or personal identification cards who are under the age of 18.
b. The portal shall be accessible to applicants seven days per week, 24 hours per day, and shall provide for adequate security to protect an individual's privacy. The form and content of the portal shall be designed in collaboration with the organ procurement organizations designated pursuant to 42 U.S.C.s.1320b-8 to serve in the State of New Jersey.
c. The portal shall require a resident who [has not registered] wishes to opt out of being [as] an organ donor, and who seeks a driver's license or identification card or seeks renewal thereof, to [either: (1) register as an organ donor through the Donate Life NJ Registry; or (2)] review information about the life-saving potential of organ and tissue donation, and the consequences when an individual does not make a decision to become an organ donor and does not register or otherwise record a designated decision-maker.
In addition to promoting organ and tissue donation, the portal shall provide information about the procedure for designating a decision-maker.
d. Any information technology system adopted by the commission after the effective date of P.L.2008, c.48 (C.26:6-66 et al.) shall accommodate the inclusion of donor information into the database and the on-going operation of the Donate Life NJ Registry.
(cf: P.L.2008, c.48, s.8)
3. This act shall take effect on the first day of the seventh month following enactment, but the Chief Administrator of the Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill amends the motor vehicle laws regarding designation as an organ donor.
Under current law, N.J.S.A.39:3-12.2, New Jersey has an "opt in" system for registering to be an organ donor when applying for or renewing a motor vehicle license or identification card. At the time of application for a new license, renewal license, identification card or renewal identification card a resident is provided with the opportunity to designate that the person shall donate all or any organs or tissues for the purposes of transplantation or therapy. This bill amends current law to provide that the default designation on every license or identification card issued is to be that a person is an organ donor. A person wishing to opt out of organ donation, must make an affirmative designation to that effect. This provision does not apply to persons under the age of 18.
This bill also amends N.J.S.A.39:3-12.4, regarding the promotion of organ and tissue donation by the New Jersey Motor Vehicle Commission. Beginning in 2013, five years after the section was enacted, no license or identification card shall be issued or renewed unless the applicant first addresses the issue of organ donation. Applicants who are not registered as organ donors shall be required to register as an organ donor or review information about organ donation. The bill amends this section of law to provide that any resident who wishes to opt out of organ donation must review these materials. The provisions of this section also do not apply to persons under the age of 18.
