A. Within the forms prescribed by the department for applications and licenses of drivers of motor vehicles, a space shall be provided to show whether the applicant is a donor as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act [N.M. Stat. Ann. Chapter 24, Article 6B]. Anyone applying for a license may, if the applicant desires, indicate the applicant’s donor status on the space provided on the application, and this information, if given by an applicant, shall be shown upon the license issued. The form and driver’s license shall be signed by the donor in the presence of a witness who shall also sign the form in the donor’s presence. The department shall, as soon as practicable, include the following donor statement on the application form:

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Terms Used In New Mexico Statutes 66-5-10

  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

“I,                                                         , hereby make (Name of applicant/donor) an anatomical gift effective upon my death. A medical evaluation at the time of my death shall determine the organs and tissues suitable for donation.

(Signature of donor) (Signature of parent or guardian is required if the donor is under fifteen years of age.)”.

B. The department shall mark the donor status on each person’s driver’s license record and shall retain each application form or its image of a person who wishes to be a donor. The department shall create and maintain a statewide donor registry and shall provide on-line computer terminal access to the donor registry to organ procurement organizations and procurement organizations, as defined in the Jonathan Spradling Revised Uniform Anatomical Gift Act. Authorized hospital or organ and tissue donor program personnel, immediately prior to or after a donor’s death, may request verification of the donor’s status from the department and may obtain a copy of the application from the department.