1. (1) Record of gift.

   1. (a) Beginning March 29, 2010, an individual at least 15 years of age who indicates a desire to register as an organ, tissue, and eye donor when applying for or renewing a Wisconsin driver’s license or identification card makes an anatomical gift of organs, tissues and eyes by authorizing his or her inclusion in the registry. The department of transportation’s inclusion of a statement or symbol in its database that the individual has indicated a desire to register as an organ, tissue, and eye donor constitutes a record of an anatomical gift under s. 157.06 (2) (t), Stats.

      Note: Until January 2010, the application form for a Wisconsin driver’s license or identification card included a statement that answering “yes” to the question whether the applicant wished to be an organ donor did not in itself authorize an anatomical gift. A record of intent will be noted for individuals who indicated they wanted to be organ donors using this application form. An individual who has indicated a desire to be a donor using this form may register as a donor in the manner described in par. (b) or when renewing his or her license.

   2. (b) An individual who is at least 15 years of age and has a Wisconsin driver’s license or identification card may authorize his or her inclusion in the registry as a means of making an anatomical gift of organs, tissues and eyes by completing a form available on the Wisconsin donor registry website. The department shall forward the individual’s authorization to the department of transportation, or the individual may write to the Wisconsin department of transportation. The department of transportation’s entry of a statement or symbol in its database indicating that the individual has made an anatomical gift shall constitute a record of gift under s. 157.06 (2) (t), Stats.

      Note: Requests may be mailed to the Wisconsin Department of Transportation, Division of Motor Vehicles, Qualifications and Issuance, Rm. 801, P.O. Box 7999, Madison, WI 53707-7999.

      Note: Every time an individual renews his or her driver’s license or identification card, the individual will be asked whether he or she wants to make an organ or tissue donation. If an individual who has authorized his or her inclusion in the registry under par. (a) or (b) wishes to remain in the registry, the individual must indicate this when renewing his or her driver’s license or identification card. Individuals in the registry who do not renew their licenses will remain in the registry.

   3. (c) An individual who authorizes his or her inclusion in the registry makes an anatomical gift of organs, tissues, and eyes, but does not make a gift of the entire body, unless the individual subsequently amends the gift under s. 157.06 (6) (a), Stats., to donate the entire body.
   4. (d) An individual who authorizes his or her inclusion in the registry does not revoke a previously executed anatomical gift directed for the use of a particular person or purpose, limited to particular organs or tissues, or otherwise directed to a particular legal use.

2. (2) Record of intent.

   1. (a) An individual who, before March 29, 2010, responded affirmatively to the donor question when applying for a driver’s license or identification card, or communicated in writing to the department of transportation a desire to make an anatomical gift, has stated an intent to make an anatomical gift.
   2. (b) An individual under 15 years of age, who indicates a desire to make an anatomical gift when applying for a Wisconsin driver’s license or identification card, or who has a driver’s license or identification card and communicates in writing to the department of transportation a desire to make an anatomical gift or indicates a desire to make an anatomical gift by completing the donor form on the registry website, has stated an intent to make an anatomical gift.
   3. (c) The department of transportation’s record of an individual’s intent to make an anatomical gift is not a record of gift under s. 157.06 (2) (t), Stats., and does not by itself authorize an anatomical gift.

History

History: EmR1009: emerg. cr. eff. 3-29-10; CR 10-037: cr. Register October 2010 No. 658, eff. 11-1-10; EmR2312: emerg. am. (1) (a), (b), (2) (b), eff. 8-21-23; CR 23-036: am. (1) (a), (b), (2) (b) Register April 2024 No. 820, eff. 5-1-24.