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 Registry
Alabama
Yes
Alabama does not require family consent to carry out your wishes to be an organ, eye or tissue donor.
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.
Yes--affiliated with the DMV.
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
Yes
Went into effect in July 2008.
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.
www.cyberdriveillinois.com or call 800-210-2106.
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
No
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
Yes
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
Yes
Current law requires two witnesses; legislation pending to eliminate requirement to update NY law to 1987 UAGA.
North Carolina
Yes
First-person consent law went into effect on October 1, 2007. Heart on driver's license indicates first-person consent for organs and eye, but not tissue. On-line registry covering first-person consent for organs, eye, and/or tissue launched on April 1, 2008.
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.
Yes--affiliated with DMV.
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's statewide registry launched on April 2, 2007.
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
Yes--affiliated with DMV.
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
Online registry launched April 2002.
Vermont
No
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. Online registry officially launched August 2003.
Washington
Yes
Legislation regarding the specifics of the donor registry creation and maintenance approved in the spring of 2003.
Wisconsin
No
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.

1Information was updated in October 2009.

2Section 1. (a) The Office of Driver Services of the Department of Finance and Administration shall assist in establishing a registry of organ donors by providing information to an organ procurement agency created, organized, and existing under the laws of the state of Arkansas. The information shall list persons who have agreed to make an anatomical gift as indicated on their operator's or chauffeur's license. The information shall include the person's name, address, sex, birth date, driver's license number, and any limitations on the purposes of the anatomical gift.

(c) Any person whose name has been placed on the organ donor registry may have his or her name deleted by filing the appropriate form with the Office of Driver Services of the Department of Finance and Administration.

Section 2. (h) 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. However, if a person listed in 20-17-603(a) knows of a contrary indication by the donor that the gift be revoked and makes such indication known to a representative of the organ procurement agency created, organized, and existing under the laws of the State of Arkansas, then the gift will only be effective upon the consent of a person listed in 20-17-603(a).
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