AN ACT TO ESTABLISH AN OPT-OUT SYSTEM FOR ORGAN AND TISSUE DONATION IN TENNESSEE

WSB/2/4

Sponsored by Gemma Nichols, Lilly Lewis of Chattanooga School for the Arts and Sciences

This legislation was filed in the Safety and Homeland Security category

Presented as part of the YIG Volunteer 2024 conference

1 BE IT ENACTED BY THE TENNESSEE YMCA YOUTH LEGISLATURE
2 Section 1: Terms in this act, unless the context requires otherwise, shall be defined as follows:
3 A) Opt-Out System: A system where individuals are automatically organ and tissue donors unless
4 they explicitly opt-out.
5 B) Organ Procurement Organization: An organization responsible for retrieving, preserving, and
6 distributing donated organs and tissues for transplantation, such as: Tennessee Donor Services,
7 Donate Life Tennessee.
8 C) Department of Safety: The state department responsible for issuance of driver licenses and
9 maintenance of driving records, such as: Tennessee Department of Safety and Homeland
10 Security.
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12 Section 2: This act intends to streamline the organ donation process by establishing an opt-out
13 system for organ and tissue donation in Tennessee. Under this system, individuals are presumed
14 to be organ and tissue donors unless they explicitly choose to opt-out. The organ procurement
15 organization, in coordination with the Department of Safety, shall maintain an electronic registry of
16 individuals who have not opted out of being organ and tissue donors, and those who have
17 previously opted in to being an organ donor.
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19 Section 3: The Department of Safety will offer each applicant for issuance or renewal of a driver
20 license the opportunity to opt out of organ and tissue donation by responding affirmatively to the
21 statement: “No, I do not want to be an organ and tissue donor.”
22
23 Section 4: Those who wish to change their organ donation status may do so at any time through
24 any means provided by law, including, but not limited to, notifying the registry in writing or by
25 electronic access to the registry.
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27 Section 5: A brochure shall be made available to each applicant explaining the execution of a
28 document of gift for organ and tissue donation, including the opt-out statement referred to in
29 section 3, and describing the change to an opt-out system. The brochure may be made available
30 by electronic means. The brochure shall be provided to the department free of charge by the organ
31 procurement organization.
32 Section 6: The status of current or future license holders will not automatically default to organ
33 donor until renewing or acquiring their license upon which they will be provided with the brochure
34 referred to in section 5.
35 Section 7: This act does not impose fines or punishments.Section 8: The enactment of this law will
36 not cost anything.
37 Section 9: All laws or parts of laws in conflict with this act are hereby repealed.
38 Section 10: This act will go into effect immediately upon becoming law.
39