S4583

An Act concerning organ procurement organizations and amending P.L.1978, c.181.

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 to read as follows:

1. a. The Chief Administrator of the New Jersey Motor Vehicle Commission shall provide with every examination permit, special learner's permit, motorcycle-only examination permit, motorized bicycle license, 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 donate all or any organs or tissues for the purposes of transplantation or therapy.

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 permit, 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 permit holder, 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 commission 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 commission'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, driver's license number, date of donor registration, and date of removal from the registry if applicable. 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.

h. For the purposes of verifying the organ and tissue donation status and identity of a donor or other person authorized to make an anatomical gift pursuant to section 4 of P.L.2008, c.50 (C.26:6-77 et seq.), an organ procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve in the State of New Jersey shall verify and rely upon the most current donor designation information available through the New Jersey Motor Vehicle Commission, the Donate Life NJ Registry, or any other authorized donor registry or data source, as applicable. The organ procurement organization shall ensure that the organization’s records and verification process reflect the donor’s most recent affirmative or revoked donor designation before any action is taken relating to an organ or tissue donation.

(cf: P.L.2017, c.377, s.2)

2. This act shall take effect immediately.

STATEMENT

This bill amends section 1 of P.L.1978, c.181 (C.39:3-12.2) to require an organ procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve New Jersey, for purposes of verifying organ and tissue donation status and identity of a donor or other person authorized to make an anatomical gift pursuant to section 4 of P.L.2008, c.50 (C.26:6-77 et seq.), to verify and rely upon the most current donor designation information available through the New Jersey Motor Vehicle Commission (MVC), the Donate Life NJ Registry, or any other authorized donor registry or data source, as applicable.

The bill also amends the law to require that the organ procurement organization ensure that its records and verification process reflect the donor’s most recent affirmative or revoked donor designation before any action is taken relating to an organ or tissue donation.

Currently, under P.L.1978, c.181 (C.39:3-12.2 et seq.), an organ procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve New Jersey is to have access to organ donor designations and identification collected by the chief administrator of the MVC at all times, without exception, for the purposes of verifying organ and tissue donation status and identity, but does not require that those organizations verify and rely on the most recent organ donor designation information collected pursuant to the law or available to the Donate Life NJ Registry or any other authorized donor registry or data source or ensure that its records and verification process reflect the donor’s most recent affirmative or revoked donor designation before any action is taken relating to an organ or tissue donation.

This bill would require organ procurement organizations serving New Jersey to verify and rely upon the most current donor designation information available through MVC, the Donate Life NJ Registry, or any other authorized donor registry or data source, as applicable, and to ensure that the organization’s records and verification process reflect the donor’s most recent donor designation before any action is taken relating to an organ or tissue donation.