Illinois statute allows 16- and 17-year-olds to give consent to donate their organs and tissue at the time of their death, with a single limitation. The procurement organizations must make a reasonable effort to contact a parent or guardian to ensure they approve of the donation. The parent or guardian will have the opportunity to overturn the child’s decision. Once the 16- or 17-year-old turns 18, his/her decision would be considered legally binding without limitation. Applicable law found in 755 ILCS 50/5.
Iowa:
Iowa statute states that an anatomical gift of a donor’s body or part may be by any of the following: (1) An adult. (2) A minor, if the minor is emancipated. (3) A minor, if the minor is authorized under state law to apply for a driver’s license or identification card because the minor is at least fourteen years of age, and the minor authorizes a statement or symbol indicating an anatomical gift on a driver’s license, identification card, or donor registry entry with the signed approval of a parent or guardian. (4) A minor, if the minor is authorized under state law to apply for a hunting, fishing, or fur harvester license, the minor is at least fourteen years of age, and the minor authorizes a symbol indicating an anatomical gift on a hunting, fishing, or fur harvester license with the signed approval of a parent or guardian. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part. Applicable law found in Iowa Code §142C.
Michigan:
An anatomical gift of a donor’s body or body part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided by any of the following: (a) The donor, if the donor is an adult or if the donor is a minor and meets 1 or more of the following requirements: (i) Is emancipated. (ii) Has been issued a driver license or identification card because the donor is at least 16 years of age. (b) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift. Public Applicable laws are found in Michigan Public Health Code § 333.10104. Minnesota:
An emancipated minor or a minor who is at least 16 years old may make an anatomical gift during the life of the minor. However, upon the death of an unemancipated minor, the minor’s parent may revoke or amend an anatomical gift or may revoke the minor’s refusal to make an anatomical gift Applicable law is found in Minnesota Statute Chapter 525A.04 and 525A.
Summary of factual data and analytical methodologies
The proposed rule is being promulgated to conform an existing rule to statute. No factual data or sources were relied upon.
Analysis and supporting documents used to determine effect on small business
The proposed rule is anticipated to have no economic impact.
Effect on small business
The proposed rule is anticipated to have no effect on small business.
Agency contact person
Christopher Gjestson
Lead Budget & Policy Analyst
Bureau of Operations
1 W. Wilson St.
Madison WI 53701
608-266-0472
Statement on quality of agency data
The data used by the Department to prepare these proposed rules and analysis comply with s. 227.14 (2m), Stats. Place where comments are to be submitted and deadline for submission
RULE TEXT
SECTION 1. DHS 137.03 (3) is amended to read:
DHS 137.03 (3) “Record of intent" means a statement or symbol in the department of transportation electronic database that indicates an individual responded affirmatively to the donor question when applying for a driver's license or identification card before March 29, 2010 or before the individual was at least 15 and one-half years of age.
SECTION 2. DHS 137.04 (1) (a), (b), and (2) (b) are amended to read:
DHS 137.04 (1) (a) Beginning March 29, 2010, an individual at least 15 and one-half years of age who indicates a desire to register as an organ, tissue, and eye donor when applying for or renewing a Wisconsin driver's license or identification card makes an anatomical gift of organs, tissues and eyes by authorizing his or her inclusion in the registry. The department of transportation's inclusion of a statement or symbol in its database that the individual has indicated a desire to register as an organ, tissue, and eye donor constitutes a record of an anatomical gift under s. 157.06 (2) (t), Stats. DHS 137.04 (1) (b) An individual who is at least 15 and one half years of age and has a Wisconsin driver's license or identification card may authorize his or her inclusion in the registry as a means of making an anatomical gift of organs, tissues and eyes by completing a form available on the Wisconsin donor registry website. The department shall forward the individual's authorization to the department of transportation, or the individual may write to the Wisconsin department of transportation. The department of transportation's entry of a statement or symbol in its database indicating that the individual has made an anatomical gift shall constitute a record of gift under s. 157.06 (2) (t), Stats. DHS 137.04 (2) (b) An individual under 15 and one-half years of age, who indicates a desire to make an anatomical gift when applying for a Wisconsin driver's license or identification card, or who has a driver's license or identification card and communicates in writing to the department of transportation a desire to make an anatomical gift or indicates a desire to make an anatomical gift by completing the donor form on the registry website, has stated an intent to make an anatomical gift.
SECTION 3. EFFECTIVE DATE. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Wisconsin Department of Health Services
Dated: __________________________________
Kirsten Johnson, Secretary-designee
SEAL:
