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The 192nd General Court of the Commonwealth of Massachusetts


Whereas , The deferred operation of this act would tend to defeat its purpose, which is to increase organ donations forthwith through education and access, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.<_?>>

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 8D of chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following 3 paragraphs:-

The registrar shall provide to federally-designated organ procurement organizations serving the commonwealth access to names, dates of birth and other pertinent information of licensed drivers who have registered with the registry of motor vehicles as organ donors for the sole purpose of identifying those drivers as organ donors. Such access shall be provided, after referral of the potential donor by a hospital, critical access hospital or medical examiner to an organ procurement organization in accordance with federal regulations, in a manner and form to be determined by the registrar following consultation with federally-designated organ procurement organizations, which may include electronic transmission. The registrar shall, upon transmission of the information, notify the surviving spouse or next of kin at the donor's address of the information transmitted. On any form used by the registry for organ donation, there shall be a disclaimer notice that informs the donor that certain information shall be provided to federally-designated organ procurement organizations upon the donor's death.

The registrar shall include, in the required driver education and training course as provided for in section 8 and in section 13D of chapter 71, an information session on organ donation. The information session shall include educational materials to be provided by federally-designated organ procurement organizations serving the commonwealth.

The registrar shall make available in all registry branches educational materials as provided by federally-designated organ procurement organizations serving the commonwealth.

SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 84B the following section:-

Section 84C. Every licensed funeral director, his agent or servant, when discussing preplanning conferences with potential clients, shall make available to those clients information and education regarding organ donation.

Approved January 1, 2003.