Bill Text: NJ S1135 | 2024-2025 | Regular Session | Introduced
Bill Title: Provides for opting out of organ and tissue donation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Transportation Committee [S1135 Detail]
Download: New_Jersey-2024-S1135-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOHN F. MCKEON
District 27 (Essex and Passaic)
SYNOPSIS
Provides for opting out of organ and tissue donation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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 examination permit, special learner's permit, motorcycle-only examination permit, motorized bicycle license, new license, renewal license, identification card, or renewal identification card issued after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) 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. If a person does not make that designation, the default donation 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 donation designation to that effect. This provision shall not apply to a person under the age of 18 years who has not registered as organ or tissue donor pursuant to section 7 of P.L.2008, c.48 (C.39:3-12.3).
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.
(cf: P.L.2017, c.377, s.2)
2. Section 7 of P.L.2008, c.48 (C.39:3-12.3) is amended to read as follows:
7. a. (1) Within nine months after the effective date of P.L.2008, c.48 (C.26:6-66 et al.) and pursuant to P.L.2017, c.377, the Chief Administrator of the New Jersey Motor Vehicle Commission shall ensure access by residents to an Internet-based interface that promotes organ and tissue donation and enables residents 14 years of age or older to register as donors and have their decisions immediately integrated into the current database maintained by the commission. The database shall include only affirmative donation decisions and default donation designations required pursuant to section a. of section 1 of P.L.1978, c.181 (C.39:3-12.2).
(2) Within one year of the effective date of P.L.2008, c.48 (C.26:6-66 et al.) and pursuant to P.L.2017, c.377, the commission shall establish a system which allows New Jersey holders of examination permits, special learner's permits, motorcycle-only examination permits, driver's licenses, motorcycle licenses, motorized bicycle licenses, or personal identification cards who do not have access to the Internet-based interface to add their donor designation to the Donate Life NJ Registry by submitting a paper form to the commission.
Registration shall be provided at no cost to the registrant.
b. The database and Internet-based interface established in this section shall be known as the Donate Life NJ Registry.
c. The form and content of the Internet-based interface 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.
d. Donor information entered into the registry shall supersede any prior conflicting information provided to the registry or on the individual's examination permit, special learner's permit, motorcycle-only examination permit, driver's license, motorcycle license, motorized bicycle license, or identification card, and pursuant to P.L.2008, c.50 (C.26:6-77 et seq.) or any subsequent statute adopted pursuant thereto, registration by a donor shall constitute sufficient authorization to donate organ and tissues for transplantation and therapy and authorization of another person shall not be necessary to effectuate the gift.
e. Within one year of the effective date of P.L.2008, c.48 (C.26:6-66 et al.), the Donate Life NJ Registry and the official website of the commission shall provide links through which individuals may make voluntary contributions of $1 or more to the Organ and Tissue Donor Awareness Education Fund established by P.L.1999, c.386 (C.54A:9-25.17 et seq.). Such opportunities shall include both electronic and paper contributions. The links shall be provided in connection with the issuance of permits, licenses, personal identification cards, and the registration of motor vehicles.
(cf: P.L.2017, c.377, s.3)
3. 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.) and pursuant to P.L.2017, c.377, an examination permit, special learner's permit, motorcycle-only examination permit, driver's license, motorcycle license, motorized bicycle license, or personal identification card shall not 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.
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 as] wishes to opt out of being an organ donor, and who seeks an examination permit, special learner's permit, motorcycle-only examination permit, driver's license, motorcycle license, motorized bicycle 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] opts out of being 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.2017, c.377, s.4)
4. 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, 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 for an "opt out" system where 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 is required to make an affirmative designation to that effect. This provision does not apply to persons under the age of 18.
The bill adds residents 18 years of age and older having default donor designations to the Donate Life NJ Registry.
This bill also changes the requirements for the promotion of organ and tissue donation by the New Jersey Motor Vehicle Commission. Currently, a license or identification card is not to be issued or renewed unless the applicant first addresses the issue of organ donation. Applicants who are not registered as organ donors are 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 is to review these materials.
