Part III. Access, Use, and Dissemination of Registry Information
12VAC5-475-75. Access.
A. Except as otherwise provided by law, no person shall have access to the registry except as provided in this section.
B. Designees shall have access to the registry for the purpose of creating, amending, or revoking the registrant's anatomical gift.
C. The registry and all information therein shall be accessible 24 hours a day and only to specific designees of organ procurement organizations, eye banks, and tissue banks for the purpose of identifying a potential donor according to the provisions of §§ 32.1-127 and 32.1-292.2 of the Code of Virginia. The name of such designees shall be provided to the VTC. If at any time the designee is unable to carry out his responsibilities with respect to the registry, a replacement shall be selected and the VTC shall be notified of such replacement.
D. Persons who require access to the registry for operational and maintenance purposes shall have access to the registry upon receipt from VTC of appropriate access privileges.
E. The department shall be provided access to the registry for the purpose of exercising responsibility for oversight of VTC activities. The department shall not have access to personal information of registrants unless such access is required for the department's oversight responsibilities.
Statutory Authority
§ 32.1-292.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 31, Issue 22, eff. July 31, 2015.
12VAC5-475-80. Use.
The designees of organ procurement organizations, eye banks, and tissue banks and all other persons with authorized access to the registry shall have an organizational or individual pass code, or both, assigned by the VTC to gain entry to the registry via the website.
Once entry to the registry has been established, the designees shall enter the decedent's full name, date of birth, driver's license number, unique identification number, or any combination thereof, to verify whether the decedent made a donor designation in the registry. Once the decedent's donor designation has been verified, the designees shall include the document of gift as part of the donor record maintained by the organ procurement organization, eye bank, and tissue bank.
If the decedent is not in the registry, the designees shall exit the registry.
Statutory Authority
§ 32.1-292.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 12, eff. March 27, 2002; amended, Virginia Register Volume 31, Issue 22, eff. July 31, 2015.
12VAC5-475-90. Dissemination.
The organ procurement organizations, eye banks, and tissue banks with authorized access to the registry may disclose the contents of the decedent's document of gift to the decedent's next of kin, the nearest available relative, a member of the decedent's household, an individual with an affinity relationship, the decedent's physicians, and any other person or entity specified in §§ 32.1-291.9 and 32.1-291.11 of the Code of Virginia, in order to demonstrate that the decedent made an anatomical gift in accordance with the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq. of the Code of Virginia), § 46.2-342 of the Code of Virginia, or an advance directive executed pursuant to the Health Care Decisions Act (§ 54.1-2981 et seq. of the Code of Virginia).
Statutory Authority
§ 32.1-292.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 12, eff. March 27, 2002; amended, Virginia Register Volume 31, Issue 22, eff. July 31, 2015.