Oklahoma § 63-2200.20 - Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

§ 63-2200.20. Repealed by Laws 2009, c. 139, § 31, eff. Nov. 1,

2009.

NOTE: This section was held unconstitutional by the Oklahoma

Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008

OK 102 (2009).

§63-2200.20A. Life Share Donor Registry.

A. 1. There is hereby established within the State Department

of Health, an organ, eye and tissue donor registry for the State of

Oklahoma to be known as the “Life Share Donor Registry”. The

Department is authorized to contract with the designated organ

procurement organization who shall act on behalf of the Department

by carrying out the functions of the Department in the

administration of the registry, in compliance with 18 U.S.C. Section

2721. The contract between the Department and the designated organ

procurement organization shall be subject to the concurrence and

approval of the Department of Public Safety.

2. The registry shall maintain and update as needed the

pertinent information on all Oklahomans who have indicated a

willingness to be an organ donor, eye donor or tissue donor by a

Oklahoma Statutes - Title 63. Public Health and Safety

designation on a driver license, a state identification card, a

donor card, an online or other organ donor registry enrollment form,

or any other document of gift.

3. The registry and all information therein shall be

confidential and shall be subject to access only by the designated

organ procurement organization and by eye banks and tissue banks

licensed by the State of Oklahoma seven (7) days a week, twenty-four

(24) hours per day; however, the personal information and highly

restricted personal information shall only be available to the

designated organ, tissue, and eye procurement organizations solely

for the purpose of identifying a potential donor and only when

acting on behalf of the State Department of Health as prescribed in

paragraph 1 of this subsection. The placement of any personal

information and highly restricted personal information on the

registry that, at the time of placement, was confidential under the

Open Records Act or the Driver’s Privacy Protection Act (DPPA), 18

U.S.C. Sections 2721 through 2725, shall remain confidential.

4. The purpose of the registry shall include, but not be

limited to:

a.

providing a means of recovering an anatomical gift for

transplantation or research, and

b.

collecting data to develop and evaluate the

effectiveness of educational initiatives promoting

organ, eye and tissue donation.

B. Procedures to administer the Life Share Donor Registry shall

specify:

1. The information placed in the registry may include personal

information and highly restricted personal information, as defined

in 18 U.S.C. Section 2721, and access to such information shall

conform to the Driver’s Privacy Protection Act (DPPA), 18 U.S.C.

Sections 2721 through 2725;

2. Authorization for the designated organ procurement

organization or an eye or tissue bank, licensed by the State of

Oklahoma, to analyze registry data under research protocols directed

toward determination and identification of the means to promote and

increase organ, eye and tissue donation within this state;

3. A process for updating information in the registry including

a method whereby an individual may revoke his or her intent to be an

organ, eye, or tissue donor;

4. The method for making information on the registry available

to the designated organ procurement organizations and to tissue

banks and eye banks licensed by the State of Oklahoma;

5. Limitations on the use of and access to the registry;

6. A toll-free telephone number, available twenty-four (24)

hours a day, for use by the public to obtain information on becoming

an organ, tissue or eye donor;

Oklahoma Statutes - Title 63. Public Health and Safety

7. A process for establishing, implementing, maintaining, and

administering an online organ, eye and tissue donor registration

process and ensuring the confidentiality of information provided;

8. A process for a donor who has registered online to sign a

confirmation card that will be returned to the designated organ

procurement organization and made part of the registry record; and

9. Procedures for collaborating with the Department of Public

Safety to transmit stored driver license data by the Department of

Public Safety, in conformance with 18 U.S.C. Section 2721, to the

Life Share Donor Registry maintained by the designated organ

procurement organization, and to ensure the confidentiality of such

information for present and potential donors. Monies credited to

the Oklahoma Organ Donor Education and Awareness Program Revolving

Fund created in Section 2220.3 of Title 63 of the Oklahoma Statutes

may be used for a one-time transfer to the Department of Public

Safety for the reasonable costs associated with the initial

installation and setup of equipment and software for electronic

transfer of donor information. All actual electronic transfers of

donor information shall be at no charge to the designated organ

procurement organization; however, all costs associated with the

creation and maintenance of the Life Share Donor Registry shall be

paid by the designated organ procurement organization.

C. Information obtained by the designated organ procurement

organization shall be used for the purpose of:

1. Establishing a statewide organ, eye, and tissue donor

registry that is accessible to designated organ procurement

organizations and to eye banks and tissue banks, licensed by the

State of Oklahoma, for the recovery, preservation, transportation,

and placement of organs, eyes, and tissue; and

2. Designated organ procurement organizations in other states

when an Oklahoma resident is a donor of an anatomical gift and is

not located in Oklahoma at the time of death or immediately before

the death of the donor.

Added by Laws 2009, c. 139, § 20, eff. Nov. 1, 2009.