46.2-342 - What license to contain; organ donor information; Uniform Donor Document.
§ 46.2-342. What license to contain; organ donor information; Uniform DonorDocument.
A. Every license issued under this chapter shall bear:
1. For licenses issued or renewed on or after July 1, 2003, a license numberwhich shall be assigned by the Department to the licensee and shall not bethe same as the licensee's social security number;
2. A photograph of the licensee;
3. The licensee's full name, year, month, and date of birth;
4. The licensee's address, subject to the provisions of subsection B of thissection;
5. A brief description of the licensee for the purpose of identification;
6. A space for the signature of the licensee; and
7. Any other information deemed necessary by the Commissioner for theadministration of this title.
No abbreviated names or nicknames shall be shown on any license.
B. At the option of the licensee, the address shown on the license may beeither the post office box, business, or residence address of the licensee,provided such address is located in Virginia. However, regardless of whichaddress is shown on the license, the licensee shall supply the Departmentwith his residence address, which shall be an address in Virginia. Thisresidence address shall be maintained in the Department's records. Wheneverthe licensee's address shown either on his license or in the Department'srecords changes, he shall notify the Department of such change as required by§ 46.2-324.
C. The Department may contract with the United States Postal Service or anauthorized agent to use the National Change of Address System for the purposeof obtaining current address information for a person whose name appears incustomer records maintained by the Department. If the Department receivesinformation from the National Change of Address System indicating that aperson whose name appears in a Department record has submitted a permanentchange of address to the Postal Service, the Department may then update itsrecords with the mailing address obtained from the National Change of AddressSystem.
D. The license shall be made of a material and in a form to be determined bythe Commissioner.
E. Licenses issued to persons less than 21 years old shall be immediately andreadily distinguishable from those issued to persons 21 years old or older.Distinguishing characteristics shall include unique design elements of thedocument and descriptors within the photograph area to identify persons whoare at least 15 years old but less than 21 years old. These descriptors shallinclude the month, day, and year when the person will become 21 years old.
F. The Department shall establish a method by which an applicant for adriver's license or an identification card may designate his willingness tomake an anatomical gift for transplantation, therapy, research, and educationas provided in Article 2 (§ 32.1-289.2 et seq.) of Chapter 8 of Title 32.1and shall cooperate with the Virginia Transplant Council to ensure that suchmethod is designed to encourage organ, tissue, and eye donation with aminimum of effort on the part of the donor and the Department.
G. If an applicant designates his willingness to be a donor pursuant tosubsection F, the Department may make a notation of this designation on hislicense or card and shall make a notation of this designation in his driverrecord.
H. The donor designation authorized in subsection G shall be sufficient legalauthority for the removal, following death, of the subject's organs ortissues without additional authority from the donor, or his family or estate.No family member, guardian, agent named pursuant to an advance directive orperson responsible for the decedent's estate shall refuse to honor the donordesignation or, in any way, seek to avoid honoring the donor designation.
I. The donor designation provided pursuant to subsection F may be rescindedby notifying the Department. In addition, the Department shall remove fromthe driver's license or identification card any donor designation madepursuant to subsection F, if, at the time the applicant renews or replacesthe license or identification card, the applicant does not again designatehis willingness to be a donor pursuant to subsection F.
J. A minor may make a donor designation pursuant to subsection F without theconsent of a parent or legal guardian as authorized by the Revised UniformAnatomical Gift Act (§ 32.1-291.1 et seq.).
K. The Department shall provide a method by which an applicant conducting aDepartment of Motor Vehicles transaction using electronic means may make avoluntary contribution to the Virginia Donor Registry and Public AwarenessFund (Fund) established pursuant to § 32.1-297.1. The Department shall informthe applicant of the existence of the Fund and also that contributing to theFund is voluntary.
L. The Department shall collect all moneys contributed pursuant to subsectionK and transmit the moneys on a regular basis to the Virginia TransplantCouncil, which shall credit the contributions to the Fund.
M. When requested by the applicant, and upon presentation of a signedstatement by a licensed physician confirming the applicant's condition, theDepartment shall indicate on the applicant's driver's license that theapplicant is (i) an insulin-dependent diabetic, or (ii) hearing or speechimpaired.
N. In the absence of gross negligence or willful misconduct, the Departmentand its employees shall be immune from any civil or criminal liability inconnection with the making of or failure to make a notation of donordesignation on any license or card or in any person's driver record.
O. Notwithstanding the foregoing provisions of this section, the Departmentshall continue to use the uniform donor document, as formerly set forth insubsection F, for organ donation designation until such time as a new methodis fully implemented, which shall be no later than July 1, 1994. Any suchuniform donor document shall, when properly executed, remain valid and shallcontinue to be subject to all conditions for execution, delivery, amendment,and revocation as set out in Article 2 (§ 32.1-289.2 et seq.) of Chapter 8 ofTitle 32.1.
P. The Department shall, in coordination with the Virginia TransplantCouncil, prepare an organ donor information brochure describing the organdonor program and providing instructions for completion of the uniform donordocument information describing the bone marrow donation program andinstructions for registration in the National Bone Marrow Registry. TheDepartment shall include a copy of such brochure with every driver's licenserenewal notice or application mailed to licensed drivers in Virginia.
(Code 1950, § 46-370; 1958, c. 541, § 46.1-375; 1962, c. 368; 1968, c. 642;1972, c. 538; 1976, c. 57; 1979, c. 124; 1982, c. 180; 1983, c. 608; 1984, c.780; 1989, cc. 139, 705, 727; 1990, c. 159; 1993, cc. 118, 986; 1995, cc.350, 372; 1997, c. 486; 1998, c. 322; 1999, c. 330; 2000, c. 810; 2001, cc.148, 157; 2002, cc. 135, 767, 834; 2003, cc. 306, 335; 2005, cc. 259, 828;2007, cc. 92, 907; 2008, c. 82; 2009, cc. 834, 872; 2010, cc. 25, 55.)