San Antonio Express-News
May 30, 2006

Anatomical Gift Declaration

copyright 2006, Paul Premack

Texas law on anatomical gifts has changed several times over the last decade. If you want to be an organ donor, the law allows you to make a binding declaration in three different ways:

First, you may make a statement in your Last Will and Testament. This is legal but is not practical because it is not sensitive to the speed requirements of donation. Any lengthy delay makes organ donation impossible. Thus, avoid using your Will because it could be days before anyone reads the Will.

Second, you may sign a written statement like a donor card or other written declaration of anatomical gift that has two witnesses. This has been the preferred method for the last decade. Donor cards have been available through the local organ bank (on the internet at www.txorgansharing.org), through LifeGift (on the internet at www.lifegift.org)  or through the Texas Medical Association (on the internet at www.texmed.org).

Third, you may make a statement on back of your driver’s license. The law has been inconsistent with this method. It was the preferred method before 1997, but the legislature decided the statement on the back of the Texas driver’s license was not noticeable enough, which made it inadequate to authorize organ donation. So from 1997 until September 1, 2005 (when the legislature changed its collective mind) you could not use your driver’s license as a donor card.

Now the law again allows you to use the back of your driver’s license as an organ donor card. You can apply to the Department of Public Safety for an amendment to your license to add the donor information. Since that involves red tape, you might opt to use a separate donor card (like the one available from LifeGift).

Texas law says that when you have a properly executed donation document, the donation will proceed at your death "without obtaining the approval or consent of any other person". You should inform your family of your intent and can even provide them a copy of your donor document so they will accept your choice. But even if you do not inform them, they have no legal right to interfere.

Texas is also implementing a Donor Education, Awareness and Registry program ("DEAR") so individuals may publicly indicate their wishes regarding organ and tissue donation. Starting in late 2006, Texans will be able to register when renewing their driver's license or personal identification card.

The state will then list the donor in an Internet-based registry of organ, tissue, and eye donors. If you later change your mind about being a donor, you must submit a written request to have your name deleted from the Internet-based registry. The Commissioner of State Health Services is required to select an organization to maintain the registry, and as of this writing has not done so.

The state will request a $1 voluntary contribution to fund the DEAR program when you go to renew your driver's license or identification card, or when you register a vehicle. More information is available about DEAR at 1-800-222-3986.