2006 Code of Virginia § 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 color 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 A1 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.

A1. 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.

B. The license shall be made of a material and in a form to be determined bythe Commissioner.

C. 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.

D. The Department shall establish a method by which an applicant for adriver's license or an identification card may designate his willingness tobe an organ donor as provided in Article 2 ( 32.1-289 et seq.) of Chapter 8of Title 32.1 and shall cooperate with the Virginia Transplant Council toensure that such method is designed to encourage organ donation with aminimum of effort on the part of the donor and the Department.

E. If an applicant designates his willingness to be a donor pursuant tosubsection D, the Department may make a notation of this designation on hislicense or card and shall make a notation of this designation in his driverrecord.

F. The donor designation authorized in subsection E 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.

G. The donor designation provided pursuant to subsection D may be rescindedby notifying the Department.

H. With the written consent of his parent or legal guardian, a minor may makea donor designation.

I. 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.

J. 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.

K. Notwithstanding the foregoing provisions of this section, the Departmentshall continue to use the uniform donor document, as formerly set forth insubsection D above, for organ donation designation until such time as a newmethod is fully implemented, which shall be no later than July 1, 1994. Anysuch uniform donor document shall, when properly executed, remain valid andshall continue to be subject to all conditions for execution, delivery,amendment, and revocation as set out in Article 2 ( 32.1-289 et seq.) ofChapter 8 of Title 32.1.

L. 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.)