Triathlons For Transplants

Public Comment Notice

First Person Consent
This is a table of the states and their activities in accord with First Person Censent policy.  Simply stated, first person consent means that the wishes of the donor are paramount.  These wishes are usually expressed through a donor registry card, on a driver's license or state ID card, or in a will.  Many states, although there is a first person censent legislation in place, will not act without the consent of first of kin.  Therefore, it is important to let your next of kin know what your wishes are in this regard. It is a tough period in the lives of your next of kin, and expresing your wishes to them clearly will avoid putting them through more stress and pain than is necessary.  This list is updated quarterly and this list is current as of October, 2007.

Donor Designation (First Person Consent) Status by State
Updated quarterly1, the following table summarizes the status of first person consent legislation and donor registries throughout the country.
State	First Person Consent	Comments
Alabama	Yes	Currently, the OPO does not proceed with donation unless consent is received from next of kin.
Alaska	Yes	Life Alaska Donor Services (tissue bank) maintains the official Alaska registry. Law signed in 2004 enables DMV transfer to Life Alaska's existing registry. The public can also register by mail or directly at the DMV.
Arizona	Yes	Legislation passed in March 2002. Once registry is in place, Arizona will proceed with first person consent in practice.
Arkansas	Yes	Arkansas Senate Bill 35 to develop an organ donor registry passed during the 1997 Regular Session2. In practice, OPOs still ask for family consent before proceeding with donation.
California	Yes	California's statewide online registry launched on April 4, 2005.
Colorado	Yes	Law enacted by Colorado State legislature in 1998 to estblish a centralized, confidential donor registry. Recovery agencies enforced law in Oct. 2001.
Connecticut	Yes	Connecticut has a first person consent registry maintained by the DMV that OPO and medical staff can access. It is legally binding.
Delaware	Yes
District of Columbia	Yes
Florida	Yes	Florida Senate Bill 334 signed into law May 2003.
Georgia	No	OPO must get next of kin consent for organ donation as the UAGA amended in 1987.
Hawaii	Yes	Hawaii's UAGA states that when a person has executed a valid document of gift (donor card, etc.) the consent of no other person is needed in order to proceed with organ removal.
Idaho	Yes
Indiana	Yes	Changed language of the UAGA to indicate that a family could not override a donor's wishes. House enrolled Act 1628, Amended IC 29-2-16-2.5. Effective July 2001.
Illinois	Yes	Families can no longer override an individual's wish to donate.
Iowa	Yes	Law went into effect July 1, 2002. First Person Consent Bill (Senate File 2195) allows "a written statement attached to or imprinted or noted on a driver's license or nonoperator's id card, an entry in a donor registry, a donor's will or any other written document used by a donor to make an anatomical gift."
Kansas	Yes	Updated in 1994, Chapter 65, Article 32, 65-3214 (d) states: "An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor's death."
Kentucky	Yes
Louisiana	Yes
Maine	Yes	Maine has a first person consent registry maintained by the DMV that OPO and medical staff can access. It is legally binding.
Maryland	Yes	Maryland has a first person consent registry maintained by the DMV that OPO staff can access.
Massachusetts	Yes	Massachusetts has a first person consent registry maintained by the DMV that OPO and medical staff can access. It is legally binding.
Michigan	Yes	Legislation was passed in August 1998 stating the Secretary of State provide a donor registry with all driver's license and personal ID applications and renewals. In turn, the Secretary of State scans new registrant information and forwards that information to Gift of Life Michigan.
Minnesota	Yes	2002 Darlene Luther Anatomical Gift Act specifies that donor designation is evidence of intent to donate at the time of death and is sufficient authorization where a legally-binding document of gift exists. OPO implemented practice honoring donor designation as authorization for donation on May 1, 2003.
Mississippi	No
Missouri	Yes	Bill passed in 1996. In practice, OPOs still obtain family consent before proceeding with donation.
Montana	Yes
Nebraska	Yes
Nevada	Yes	Donor registry established through the passage of Assembly Bill 497 in the 2001 legislative session. Also set up an Anatomical Gift Account, through DMV, to collect $1.00 or more to fund a Task Force on Organ and Tissue Donation Education. OPO and Tissue and Eye Bank have stated that they will honor first person consent. Still speak with the family, but have changed their approach and now state they already have consent because of the driver's license.
New Hampshire	Yes	First person consent, DMV-based register legislation passed--awaing legislation.
New Jersey	Yes	Legislation since 1998 provides that documented intent of a decedent to donate organs or tissues upon death shall not be revoked by any person otherwise designated to consent to such donation.
New Mexico	Yes	Legislation became effective May 2002. The driver's license will serve as one way to designate first person consent (also on donor card, living will or durable power of attorney for healthcare).
New York	No	Current law requires two witnesses; legislation pending to eliminate requirement to update NY law to 1987 UAGA.
North Carolina	Yes	First person consent lasy (HB1372) goes into effect October 1, 2007. Applies to organs and eyes, but not tissue.
North Dakota	Yes	1987 UAGA states the driver's license indication serves as authorization for donation. OPO implemented practice honoring donor designation as authorization for donation on May 1, 2003.
Ohio	Yes	Ohio's first person consent legilation became effective July 2002. In 2005, online registration unveiled.
Oklahoma	Yes	Online registry officially launched April 2004.
Oregon	Yes	Oregon is not currently overriding family decision.
Pennsylvania	Yes	First person consent legislation passed in 1994.
Rhode Island	Yes	Rhode Island has a first person consent registry maintained by the DMV that OPO and medical staff can access. It is legally binding.
South Carolina	Yes	South Carolina does honor first person consent and makes the wishes of the donor paramount to wishes of others.
South Dakota	Yes
Tennessee	Yes
Texas	Yes	Texas' statewide donor registry launched on September 1, 2006 and was renamed the Glenda Dawson Donate Life-Texas registry a year later.
Utah	Yes
Vermont	Yes	has an online advance directive registry wherein individuals may register end-of-life decisions. Donation decisions may be made within this registry. OPO staff have access to this registry of decisions.
Virginia	Yes	First person consent and registry legislation adopted July 1, 2000. Registry info from DMV will be transferred monthly. Will proceed with donation if they have legal documentation.
Washington	Yes	Legislation regarding the specifics of the donor registry creation and maintenance approved in the spring of 2003.
Wisconsin	Yes	State law is very clear that first person consent (driver's license or uniform donor card) is sufficient for Wisconsin to proceed with donation. In practice Wisconsin is reluctant to proceed against a family's wishes.
West Virgina	Yes	First person consent legislation implemented in 1995.
Wyoming	Yes	Wyoming law is based on Colorado law.