HOUSE BILL 890
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Benjamin H. Rodefer
AN ACT
RELATING TO ANATOMICAL GIFTS; REQUIRING ANATOMICAL GIFT DONOR STATUS AS A CONDITION OF RECEIVING A DRIVER'S LICENSE OR IDENTIFICATION CARD UNLESS THE STATUS IS REJECTED IN WRITING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 24-6B-5 NMSA 1978 (being Laws 2007, Chapter 323, Section 5) is amended to read:
"24-6B-5. MANNER OF MAKING ANATOMICAL GIFT BEFORE DONOR'S DEATH.--
A. A donor may make an anatomical gift:
(1) unless the donor is under fifteen years of age, by [authorizing a statement or symbol indicating that the donor has made an anatomical gift to] applying for and receiving a driver's license or identification card and by not rejecting status as a donor on the application, in which case, the fact that the donor has made a gift will be imprinted on the donor's driver's license or identification card. A donor under fifteen years of age may make an anatomical gift by authorizing a statement or symbol, on a form provided pursuant to Section 66-5-10 NMSA 1978, indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in Subsection B of this section.
B. A donor or other person authorized to make an anatomical gift pursuant to Section [4 of the Jonathan Spradling Revised Uniform Anatomical Gift Act] 24-6B-4 NMSA 1978 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(1) be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in Paragraph (1) of this subsection.
C. Revocation, suspension, expiration or cancellation of a driver's license or identification card upon which an anatomical gift is indicated [does not invalidate] invalidates the gift.
D. An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the anatomical gift."
Section 2. Section 66-5-10 NMSA 1978 (being Laws 1978, Chapter 35, Section 232, as amended) is amended to read:
"66-5-10. APPLICATION FOR LICENSE--INFORMATION--TRANSFER TO LICENSE.--
A. Within the forms prescribed by the department for applications and licenses of drivers of motor vehicles, a [space] notice shall be provided to show [whether] that the applicant, except for an applicant under fifteen years of age, is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act. The applicant's status as a donor shall be shown upon the license issued by the department. Anyone applying for a license may [if the applicant desires] indicate the applicant's rejection of being a donor [status] on [the] a space provided on the application, [and this information, if given by an applicant, shall be shown upon the license issued] in which case, no indication of being a donor shall be shown upon the license. The form and driver's license shall be signed by the [donor] applicant in the presence of a witness who shall also sign the form in the [donor's] applicant's presence. The department shall, as soon as practicable, include the following donor status rejection statement on the application form:
"I,____________________________, hereby [make] reject
(Name of applicant[/donor])
making an anatomical gift effective upon my death. [A
medical evaluation at the time of my death shall
determine the organs and tissues suitable for
donation.]
____________________________________
(Signature of [donor] applicant)".
An applicant who is under fifteen years of age may be shown to be a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act by completing a statement provided by the department that reads:
"I, , hereby make an
(Name of applicant/donor)
anatomical gift effective upon my death. A medical evaluation at the time of my death shall determine the organs and tissues suitable for donation.
_________________________________
(Signature of donor)
____________________________________
(Signature of parent or guardian is required if the donor is under fifteen years of age.)".
B. [The] Unless the person has rejected being a donor in the person's application, the department shall mark [the donor status] that the person is a donor on [each] the person's driver's license record and shall retain each application form or its image of a person who wishes to be a donor. The department shall create and maintain a statewide donor registry and shall provide on-line computer terminal access to the donor registry to organ procurement organizations and procurement organizations, as defined in the Jonathan Spradling Revised Uniform Anatomical Gift Act. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor's death, may request verification of the donor's status from the department and may obtain a copy of the application from the department."
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