Ohio Administrative Code › Title 4501:1 - Bureau of Motor Vehicles › Chapter 4501:1-1 - Driver Licenses › Section 4501:1-1-36 - Donor registry for anatomical gifts

Current through all regulations passed and filed through July 1, 2024
(A) The registrar of motor vehicles shall
			 establish and maintain within the bureau of motor vehicles a donor registry
			 that identifies each individual who has agreed to make an anatomical gift by a
			 designation in conjunction with the issuance of a driver's license, commercial
			 driver's license, motorcycle operator's license or endorsement, or state of
			 Ohio identification card.
(B) Any
			 person making an application to the registrar of motor vehicles or any deputy
			 registrar for a driver's license, commercial driver's license, motorcycle
			 operator's license or endorsement, or Ohio identification card, or renewal of
			 any of them, shall be asked whether the applicant wishes to certify the
			 applicant's willingness to make an anatomical gift under section
			 2108.04 of the Revised
			 Code.
(C) If the applicant states
			 the applicant's willingness to make an anatomical gift, the registrar or deputy
			 registrar shall enter upon the application a statement evidencing the
			 applicant's willingness to make an anatomical gift. The registrar or deputy
			 registrar shall also enter upon any license or identification card issued to
			 the applicant a symbol indicating the applicant's willingness to make an
			 anatomical gift.
(D) The registry
			 established within the bureau shall contain the records of all applicants who
			 have signed an application containing a statement evidencing their willingness
			 to make an anatomical gift.  The registrar
			 may maintain all such records in any format, electronic or otherwise, which
			 reasonably assures the accuracy of the record.
(E) In addition to the statement of gift
			 entered on an application for a driver's license, commercial driver's license,
			 motorcycle operator's license or endorsement, or Ohio identification card, the
			 registrar shall prescribe the donor registry
			 enrollment form "BMV 3346" (English 7/15) and "BMV
			 3348" (Spanish 7/15) located at
http://www.bmv.ohio.gov/bmv_forms.stm
to permit an individual to state the individual's willingness to make an
			 anatomical gift. The registrar may permit the individual to submit the donor
			 registry enrollment form on paper or electronically in accordance with
			 instructions prescribed by the registrar. Upon receipt of the donor registry
			 enrollment form by the registrar, the individual's wishes shall be entered in
			 the registry.
(F) The registrar
			 shall establish and maintain the registry in a manner that provides to organ
			 procurement organizations, tissue banks, and eye banks immediate access to the
			 information in the registry twenty-four hours a day and seven days a week. To
			 accomplish this, the bureau shall make the registry information available to
			 organ procurement organizations, tissue banks, and eye banks by electronic or
			 other means. The registrar shall prescribe the method for electronic access,
			 the authorization requirements for access, and appropriate security
			 safeguards.
(G) The registry shall
			 contain the name, last known address, and date of birth of the donor. The
			 registry may also contain the social security number if known, the license or
			 identification card number, and general physical characteristics of the
			 individual, and any other information prescribed by the registrar.
(H) An individual may revoke his or her
			 intent to make an anatomical gift and the bureau shall remove the individual's
			 name from the donor registry if the individual gives express notice to the
			 bureau stating that the individual no longer wishes to be registered as a
			 donor. The notice may be given by a notation on an application for a driver's
			 license, commercial driver's license, motorcycle operator's license or
			 endorsement, or state of Ohio identification card, by separate written
			 instrument delivered to the registrar's headquarters office in Columbus, or
			 electronically in accordance with instructions prescribed by the
			 registrar.
(I) Access to registry
			 information shall be limited to licensed and certified organ procurement
			 organizations, tissue banks, and eye banks for their use in consultation with
			 donors and prospective donors; the spouse, adult son or daughter, parent, adult
			 brother or sister, grandparent, or guardian of any donor or prospective donor;
			 any person authorized or under an obligation to dispose of the body of a
			 decedent; any physician or surgeon; any hospital; or any other recovery agency
			 as defined in section
			 2108.01 of the Revised
			 Code.
(J) The director of health in
			 consultation with the second chance trust fund advisory committee created under
			 section 2108.35 of the Revised Code
			 shall develop, publish, and disseminate information on organ, tissue, and eye
			 donations. The director shall provide copies of the information on organ,
			 tissue, and eye donations to the registrar. The registrar shall disseminate the
			 information provided at all locations operated by the registrar and at all
			 deputy registrar locations throughout the state.
Effective: 4/10/2016
Five Year
				Review (FYR) Dates: 01/19/2016 and
				01/15/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 2108.23
Rule
				Amplifies: 2108.23,
				2108.04
Prior
				Effective Dates: 1/7/02, 3/21/11