34-26-67. Donor registry. (a) The Department of Public Safety shall establish or contract for the establishment of a donor registry.

(b) The department, in partnership with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota, shall compile, operate, maintain, and modify the registry as necessary. The registry shall include pertinent information on all South Dakotans who have registered to donate organs, tissues, and eyes and all relevant information regarding a donor's making amendment to, or revocation of, an anatomical gift in accordance with the Revised Uniform Anatomical Gift Act (§§ 34-26-48 to 34-26-72, inclusive).

(c) A donor registry must:

(1) Allow a donor or other person authorized under § 34-26-51 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) Allow a donor or other person online access to register as a donor, to amend an existing donor status, or remove an existing donor registration seven days a week on a twenty-four hour basis;

(3) Be accessible electronically to the federally designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(4) Be accessible for purposes of subdivision (2) seven days a week on a twenty-four hour basis.

(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d).

(f) The department shall collect data from the registry that is not restricted by subsection (d) and share the data with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to be used for the purpose of evaluating the effectiveness or educational initiatives to promote organ, tissue, and eye donation that are conducted or coordinated by organ procurement organizations, hospitals, and state agencies operating in the state.

Source: SL 2007, ch 197, § 20; SL 2013, ch 159, § 4.