Effective January 1, 2007, a new law might seem innocent enough at first glance. HB 5259 amended the Organ Donation Request Act. The text of the new provision reads as follows: When there is a suitable candidate for organ donation and a donation or consent to donate has not yet been given, procedures to preserve the decedent’s body for possible organ and tissue donation may be implemented under the authorization of the applicable organ procurement agency, at its own expense, prior to making a donation request pursuant to Section 5-25. If the organ procurement agency does not locate a person authorized to consent to donation or consent to donation is denied, then procedures to preserve the decedent’s body shall be ceased and no donation shall be made.

How can you make sure they know you are not an organ donor? In effect, lack of definitive evidence that you are not an organ donor allows organ procurement agencies to assume that you are an organ donor until proven otherwise. This change amounts to a presumption of “yes” unless you say “no”. However, no place exists on the back of your driver’s license to indicate that you are not an organ donor.

When might this change be a concern? What happens if you are in an accident while driving a car or riding a bicycle? It is now possible for medical personnel to take actions that could be detrimental to possible recovery if they quickly decide you are hopeless for recovery, but a suitable candidate for organ donation. Might they even have a conflict of interest in making that judgment?

IRLC has already been concerned that organ donation could lead to your premature death. This latest change might increase those odds, even when you do not indicate any intent to donate organs.

IRLC suggests you look at the back of your driver’s license now. Note that an option exists to specify what organs you are willing to donate. Write “NONE” in that space. Then sign in the space provided and have a witness sign for good measure.