Assigned to HEALTH                                                                                                                      FOR COMMITTEE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FACT SHEET FOR H.B. 2207

driver licenses; organ donor information

Purpose

An emergency measure that allows the Arizona Department of Transportation (ADOT) to transfer documents regarding organ donor consent to an organ procurement organization (OPO).  Exempts ADOT from civil liability for good faith acts or omissions related to gathering and releasing that information.

Background

            An anatomical gift is a donation of organs and tissues that takes effect on or after death.  Organs that may be donated include heart, intestines, kidneys, liver, lungs and pancreas.  Corneas, heart valves and skin are examples of tissues that may be donated.  Donations may be used for burn victims, people with organ failure or for research purposes.  Arizona’s Anatomical Gift Act (Act) allows a person who is at least 18 years of age to make an anatomical gift; these gifts may be for any allowable purpose or limited in purpose.

            OPOs are nonprofit government entities that must be certified by the Centers for Medicare and Medicaid Services to facilitate organ recovery services in designated areas in the United States.  The designated OPO for Arizona is the Donor Network of Arizona.  It is the OPO’s responsibility to determine suitability for donation, arrange for surgical removal and transport of the organ and to educate hospital staff about donation and procurement processes.  

            Prior to 1997, an affidavit could be filed with the Motor Vehicle Division (MVD) of ADOT that designated the person as an organ donor.  Once on file, this person officially became an organ donor, which was indicated on his or her driver license.  This process was eliminated when driver license expiration dates were extended in 1996.  The Act currently requires an individual to make an anatomical gift by signing a document of gift.  Documents of gift are maintained by the OPO in the Arizona Anatomical Gift Registry; the OPO then gives that person a label that may be adhered to his or her driver license. 

            Laws 2005, Chapter 234, required the MVD to release a person’s name and address as recorded on his or her driving record to the OPO if that person had authorized the release, and to establish a procedure by which a person applying for a driver license, permit or identification card can indicate his or her preference to be an organ donor.  However, information regarding organ donor consent collected prior to 1996 was not included in the authorized release of information.  ADOT reports, however, that it has retained this information in its system.  H.B. 2207 allows ADOT to provide these records to the OPO.  

Provisions

1. Allows ADOT to transfer documents regarding organ donor consent recorded on a person’s driver’s license or identity card prior to 1996 to the designated state OPO.

2. Requires the transfer of documents to be completed by June 30, 2006.

3. Exempts ADOT from civil liability as a consequence of the gathering and release of information to the anatomical gift registry.

4. Stipulates that all acts and omissions are presumed to be in good faith unless done with gross negligence or intent to maliciously cause injury.

5. Becomes effective on signature of the Governor, if the emergency clause is enacted.

House Action

TRANS           1/19/02            DP       8-0-0-1           

3^rd Read           2/6/06                          58-0-2-0

Prepared by Senate Research

February 23, 2006

BKL/ac