About Organ Donation Legislation

In New Mexico and throughout the country, a legal framework exists to support organ and tissue donation.

New Mexico First Person Consent Legislation, 2002 (go to New Mexico Statutes and search for Anatomical Gift Act)

An individuals' decision to donate life to others will be honored in the State of New Mexico
The driver's license, ID card, donor card, advance directive or other written indication can be made by an individual 16 years or older, or with parental or guardian consent for individuals under 16.
The New Mexico Motor Vehicle Department implemented First Person Consent on driver's license and ID cards issued after January 1st, 2003

Patient Self Determination Act, 1991

Encourages use of Advance Directive (a hybrid of the Living Will and Power of Attorney for Health Care). The impetus was the right-to-die issue.
The New Mexico Advance Directive includes a section to make a decision to donate organs and tissue. Download a blank copy of the New Mexico Advance Directive.

Hospital Conditions of Participation for Medicare/Medicaid (COP) 1998

Requires hospitals to make referrals to OPO on every death or imminent death
Only personnel trained as designated requestors may approach families about donation.

The Omnibus Budget Reconciliation Act, 1986

Mandates the establishment of organ donor programs to coordinate the recovery and transplant process.
Requires hospitals to establish a relationship with their federally designated organ donor program.
Directs hospitals, as a condition of eligibility to receive Medicare and Medicaid funding, to establish protocols to notify donor program of potential donors and inform families of the opportunity to donate.

National Organ Transplant Act (NOTA) 1984

Prohibits the buying and selling of organs
Prohibits physicians who care for patients and declare death from being involved in organ donation process.
Established the Organ Procurement and Transplantation Network (OPTN) contracted by the United Network for Organ Sharing (UNOS) to manage the organ distribution system.

Uniform Determination of Death Act 1980

Established that the irreversible cessation of all brain function constitutes death such as brain death, the same way as cessation of heartbeat and respiration.

The Uniform Anatomical Gift Act (UAGA) 1968

Authorizes the donation of organs and tissue for transplantation, research or education.
Authorizes full body donation to medical schools.
It put into place the Uniform Anatomical Gift Card (Download a Donor Card).
Go to New Mexico Statutes and search for Anatomical Gift Act.