§ 20-43.2. Internet access to organ donation records by organ procurement organizations. - North Carolina Statutes

§ 20‑43.2.  Internetaccess to organ donation records by organ procurement organizations.

(a)        The Department ofTransportation, Division of Motor Vehicles, shall establish and maintain astatewide, online Organ Donor Registry Internet site (hereafter "DonorRegistry"). The purpose of the Donor Registry is to enable federallydesignated organ procurement organizations and eye banks to have access 24hours per day, seven days per week to obtain relevant information on the DonorRegistry to determine, at or near death of the donor or a prospective donor,whether the donor or prospective donor has made, amended, or revoked ananatomical gift through a symbol on the donor's or prospective donor's driverslicense, special identification card, or other manner. The data available onthe Donor Registry shall be limited to the individual's first, middle, and lastname, date of birth, address, sex, county of residence, and drivers licensenumber. The Division of Motor Vehicles shall ensure that only federallydesignated organ procurement organizations and eye banks operating in thisState have access to the Donor Registry in read‑only format. The Divisionof Motor Vehicles shall enable federally designated organ procurementorganizations and eye banks operating in this State to have online access inread‑only format to the Donor Registry through a unique identifier andpassword issued to the organ procurement organization or eye bank by theDivision of Motor Vehicles. Employees of the Division who provide access to ordisclosure of information in good‑faith compliance with this section arenot liable in damages for access to or disclosure of the information.

(b)        When accessing andusing information obtained from the Donor Registry, federally designated organprocurement organizations and eye banks shall comply with the requirements ofPart 3A of Article 16 of Chapter 130A of the General Statutes.

(c)        Personallyidentifiable information on a donor registry about a donor or prospective donormay not be used or disclosed without the express consent of the donor,prospective donor, or person that made the anatomical gift for any purposeother than to determine, at or near death of the donor or prospective donor,whether the donor or prospective donor has made, amended, or revoked ananatomical gift.

(d)        This section doesnot prohibit any person from creating or maintaining a donor registry that isnot established by or under contract with the State. Any such registry mustcomply with subsections (b) and (c) of this section. (2004‑189, s. 1; 2007‑538,s. 2.)