WHEREAS, organ and tissue donation in the State of Delaware, and in the United States of America as a whole, has reached a crisis point; and

WHEREAS, nationally, more than 96,000 men, women and children are waiting for an organ transplant that can save their lives. However, seventeen to eighteen die each day because an appropriate match is not found in time; and

WHEREAS, it has been estimated that about one third of patients with heart or liver failure die before a transplantable organ is found; and

WHEREAS, there are 459 Delaware residents awaiting potentially life saving organ transplants, while still thousands more wait for a tissue transplant that could greatly enhance the quality of their lives, for example, by helping to restore sight, repair injured or diseased bones and joints, heal burned skin, and replace damaged hearts with healthy ones; and

WHEREAS, studies have shown that the lack of organs results from the lack of organ donors; and

WHEREAS, studies show that ninety-one percent of the U.S. population supports organ donation, in Delaware only thirty-eight percent of the population have thus far placed the Organ Donor designation on their learner’s permit, driver’s license or state identification card; and

WHEREAS, recent studies have found that individuals are nearly twice as willing to participate when organ and tissue donation is the default; and

WHEREAS, studies have shown that the effect of default organ and tissue donation programs is a substantial increase in the number of donors, in some cases so much so that the number of transplants performed nearly equaled the number of patients on the wait list.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 27, Title 16 of the Delaware Code by striking the language of § 2724 in its entirety and substituting the following:

“§ 2724. Organ Donor designation on driver's license or identification card.

(1) Beginning as soon as practicable but no later than September 1, 2008, the Delaware Division of Motor Vehicles (DMV) shall modify the driver’s license and identification card application and renewal process to advise all individuals 18 years of age or over that, at the time of applying for or renewing a driver’s license or identification card, such individual shall be deemed to have consented to anatomical donation of his or her organs, tissue and parts, as defined in § 2710(10) of this title, upon determination of such individual’s legal death, unless the individual expressly elects not to be an organ and/or tissue donor. Any person under 18 years of age shall be permitted to register as a donor with parental consent, as defined in § 2711(b) of this title. In furtherance of the above, the following question and instructions shall be provided at the time of application for or renewal of such individual’s driver’s license or identification card:

DELAWARE STRONGLY SUPPORTS ORGAN AND TISSUE DONATION BECAUSE OF ITS LIFE SAVING AND LIFE ENHANCING OPPORTUNITIES. YOU ARE AUTOMATICALLY DEEMED TO HAVE CONSENTED TO BEING AN ORGAN AND TISSUE DONOR BUT SUCH DESIGNATION WILL NOT APPEAR ON YOUR DRIVER'S LICENSE UNLESS YOU WANT IT TO. IF YOU DO NOT WANT TO BE CONSIDERED AN ORGAN AND TISSUE DONOR, YOU MUST ELECT NOT TO BE PART OF THIS PROGRAM NOW, DOING SO BY INSERTING YOUR INITIALS ON THE LINE BELOW.

______ I DO NOT WANT TO BE CONSIDERED AS A POSSIBLE ORGAN AND TISSUE DONOR.

THANK YOU FOR YOUR COMMITMENT TO HELPING OTHERS. YOU ARE AN ORGAN AND TISSUE DONOR. IF YOU WOULD ALSO LIKE TO HAVE THE DONOR DESIGNATION PHYSICALLY APPEAR ON YOUR DRIVER’S LICENSE, PLEASE CHECK BELOW. SOME PEOPLE WANT THE DONOR DESIGNATION ON THEIR DRIVER'S LICENSE, WHILE OTHERS DO NOT. IT IS NOT NECESSARY TO HAVE THE DONOR DESIGNATION ON YOUR LICENSE TO BE AN ORGAN AND TISSUE DONOR.

______ INCLUDE THE DONOR DESIGNATION ON MY LICENSE.

(2) Unless an individual responds that they do not want to be considered a possible organ and tissue donor, they will be deemed to have consented to donor and tissue donation, with such consent sufficient to satisfy all requirements necessary to evidence such individual’s consent to anatomical donation of the individual’s organ(s), tissue or part(s), as defined in § 2710(10) of this title. No further or additional consent is necessary for such anatomical donation. The OPO shall have access to the foregoing donor information 24 hours a day through the DMV computer database. Notwithstanding the Driver's Privacy Protection Act, Title 21, Section 305, the DMV is authorized to provide the OPO with the foregoing donor information. The OPO shall not be assessed a fee or incur any charges for such access. The Organ Donor designation shall only appear on the individual’s driver's license or identification card if requested by the individual.

(3) The revocation, suspension, expiration or cancellation of an individual’s driver’s license or identification card, upon which the Organ Donor designation appears, that occurs subsequent to the application or renewal process shall not invalidate an anatomical donation by such individual. The individual’s subsequent intent and determination to invalidate an anatomical donation must be clearly and convincingly evidenced by means of a notarized letter indicating such intent and provided by the donor to the DMV. Upon indication to the DMV of such individual’s intent to be removed from the Organ and Tissue Donor Program, the individual shall be removed as a donor in the computer database of the DMV and, so long as such individual is in good standing with the DMV and in compliance with all relevant laws of the State of Delaware, shall be issued a new driver’s license or identification card with the Organ Donor designation no longer reflected thereon.”

Section 2. Amend Chapter 27, Title 16 of the Delaware Code by renumbering “§ 2710(10) - (14)” as “§ 2710(11) - (14)” and inserting as new “§ 2710(10)” the following:

“(11) Organ and Tissue Donor Program means the data base of organ and tissue donors maintained by the Division of Motor Vehicles.”

Section 3. Section 2. Amend § 2711, Title 16 of the Delaware Code by inserting after “limited to,” and before “a designation” the words “the Organ and Tissue Donor Program,”.

Section 4. Nothing herein shall be interpreted as having a retroactive effect. The provisions set forth herein shall have only a prospective intent and effect, beginning no later than September 1, 2008.

SPONSOR:	Rep. Schwartzkopf & Sen. Bunting;
	Reps. Plant, Maier, Kowalko