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Expert Commentaries 9/18/2008 8:43:02 AM EST California's Revised Uniform Anatomical Gift Act Attorney at law
California’s revised Uniform Anatomical Gift Act (Act) was signed into law on October 13, 2007 [see Stats 2007, Ch. 629]. The new Act, codified in Health & Safety Code § 7150-7151.40, became operative on January 1, 2008 and all existing laws that govern anatomical gifts, including former Uniform Anatomical Gift Act [former Health & Safety Code §§ 7150-7156.5] are inoperative and have been repealed as of January 1, 2008.
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Donate Life California Organ and Tissue Donor Registry
Donate Life California is the California registry which contains information on all persons who have identified themselves as organ and tissue donors [Health & Safety Code § 7150.90(a)]. The registry is made available to the federally designated organ procurement organizations in California and the state licensed tissue and eye banks [Health & Safety Code § 7150.90(b)]. A person can make an anatomical gift directly through the Donate Life California Organ & Tissue Donor Registry website at www.donatelifecalifornia.org or www.doneVIDAcalifornia.org. A donor is able to limit an anatomical gift to specific organs and tissues by either updating their profile on the registry website or contacting Donate Life California. Registration with Donate Life California serves as a document of gift under the Act [Health & Safety Code § 7150.10(a)(6)]. Upon online registration, a donor will receive confirmation of registration along with a donor identification number, which should be kept in a secure location.
DMV Drivers License and Identification Card Process Must Provide Option to Become Organ Donor Through Donate Life California
Under the revised Act, the DMV’s drivers license and ID card application and renewal process have been modified to provide an applicant the option to make an anatomical gift by registering with Donate Life California directly through the DMV [Veh. Code §§ 12811(b), 13005(b)]. The DMV application forms ask the applicant if they wish to be an organ and tissue donor, and if they consent, they will be directed to read a statement on the back of the application. By providing consent, the DMV is authorized to collect information on the donor and will print the word DONOR or other appropriate designation on the face of the drivers license or identification card [Veh. Code §12811(b)(3)-(b)(4)]. The DMV is required to transmit, on a weekly basis, relevant information on every applicant who has indicated his or her willingness to participate in the organ donation program to Donate Life California [Veh. Code §12811(b)(5)]. Enrollment in the registry is a legal document and is binding after the donors death despite any express desires of next of kin opposed to the donation [Veh. Code §12811(b)(8)].
Existing DMV donor cards, and other donor cards, continue to grant authorization for organ and/or tissue recovery, but due to the suddenness surrounding the circumstances, a donor card is rarely available at the time a family is approached regarding donation and it is advisable for an individual wishing to make an anatomical gift, to register with Donate Life California either through the DMV, or the registry’s website. Every donors desire to make an anatomical gift is stored in a secure, confidential database which is available readily available to authorized organ and tissue recovery personnel.
Additional information on organ and tissue donation, and specifically on Donate Life California can be obtained at www.dmv.ca.gov, or www.donatelife.org
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