STATE OF NEW YORK
________________________________________________________________________
5313--A
2015-2016 Regular Sessions
IN SENATE
May 13, 2015
___________
Introduced by Sens. HANNON, FLANAGAN, LATIMER -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- recommitted to the Committee on Health in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the vehicle and traffic law,
in relation to authorizing persons 16 years of age or older to make an
anatomical gift
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 4301 of the public health law, as
2 amended by chapter 348 of the laws of 2009, is amended to read as
3 follows:
4 1. (a) Any individual of sound mind and eighteen years of age or more
5 may give all or any part of his or her body for any purpose specified in
6 section forty-three hundred two of this article, the gift to take effect
7 upon death. In any case where the donor has properly executed an organ
8 donor card, driver's license authorization to make an anatomical gift,
9 pursuant to paragraph (a) of subdivision one of section five hundred
10 four of the vehicle and traffic law, registered in the New York state
11 organ and tissue donor registry under section forty-three hundred ten of
12 this article, or has otherwise given written authorization for organ or
13 tissue donation, authorization for donation shall not be rescinded by an
14 objection by a member of any of the classes specified in paragraphs (a)
15 through (h) of subdivision two of this section, except upon a showing
16 that the donor revoked the authorization.
17 (b) Any person who is sixteen or seventeen years of age and of sound
18 mind may give all or any part of his or her body for any purpose speci-
19 fied in section forty-three hundred two of this article, the gift to
20 take effect upon death. In any case where the donor has properly
21 executed an organ donor card, driver's license authorization to make an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10496-05-6
S. 5313--A 2
1 anatomical gift, pursuant to paragraph (a) of subdivision one of section
2 five hundred four of the vehicle and traffic law, or has otherwise given
3 written authorization for organ or tissue donation, notice of such gift
4 shall be provided to the donor's parents or legal guardians, and author-
5 ization for donation may be rescinded or amended by an objection by a
6 parent or legal guardian of the donor at the time of death and prior to
7 the recovery of any organ or tissue if the donor is less than eighteen
8 years of age. An anatomical gift made by an individual more than sixteen
9 years of age but less than eighteen shall otherwise not be rescinded,
10 except upon a showing that the donor revoked the authorization. Upon the
11 donor reaching the age of eighteen, the donor's consent to donate his or
12 her organs or tissue shall be regarded as consent for authorization to
13 make an anatomical gift.
14 § 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
15 sion 5 of section 4310 of the public health law, paragraph (a) as
16 amended by section 27 of part A of chapter 60 of the laws of 2014 and
17 subparagraph (ii) of paragraph (b) as amended by chapter 405 of the laws
18 of 2015, are amended to read as follows:
19 (a) Such organ, eye and tissue registration of consent to make an
20 anatomical gift can be made through: (i) indication made on the applica-
21 tion or renewal form of a driver's license, (ii) indication made on a
22 non-driver identification card application or renewal form, (iii) indi-
23 cation made on a voter registration form pursuant to subdivision five of
24 section 5-210 of the election law, (iv) enrollment through the donate
25 life registry website, (v) paper enrollment submitted to the donate life
26 registry, or (vi) through any other method identified by the commission-
27 er. The department shall establish a means by which to register the
28 consent given by individuals who are sixteen or seventeen years of age
29 in the donate life registry, and shall make registration available by
30 any of the methods provided in subparagraphs (i), (ii), (iii), (iv), (v)
31 and (vi) of this paragraph.
32 (ii) The commissioner shall not maintain records of any person who
33 checks "skip this question". Except where the application is made in
34 person or electronically, failure to check a box shall not impair the
35 validity of an application, and failure to check "yes" or checking "skip
36 this question" shall not be construed to imply a wish not to donate. In
37 the case of an applicant under eighteen years of age, checking "yes"
38 shall not constitute consent to make an anatomical gift or registration
39 in the donate life registry, except as otherwise provided pursuant to
40 the provisions of paragraph (b) of subdivision one of section forty-
41 three hundred one of this article. Where an applicant has previously
42 consented to make an anatomical gift or registered in the donate life
43 registry, checking "skip this question" or failing to check a box shall
44 not impair that consent or registration.
45 § 3. The third undesignated paragraph of subdivision 2 of section 490
46 of the vehicle and traffic law, as amended by chapter 405 of the laws of
47 2015, is amended to read as follows:
48 The commissioner of health shall not maintain records of any person
49 who checks "skip this question". Except where the application is made in
50 person or electronically, failure to check a box shall not impair the
51 validity of an application, and failure to check "yes" or checking "skip
52 this question" shall not be construed to imply a wish not to donate. In
53 the case of an applicant under eighteen years of age, checking "yes"
54 shall not constitute consent to make an anatomical gift or registration
55 in the donate life registry, except as otherwise provided pursuant to
56 the provisions of paragraph (b) of subdivision one of section forty-
S. 5313--A 3
1 three hundred one of the public health law. Where an applicant has
2 previously consented to make an anatomical gift or registered in the
3 donate life registry, checking "skip this question" or failing to check
4 a box shall not impair that consent or registration.
5 § 4. The third undesignated paragraph of subdivision 1 of section 502
6 of the vehicle and traffic law, as amended by chapter 405 of the laws of
7 2015, is amended to read as follows:
8 The commissioner of health shall not maintain records of any person
9 who checks "skip this question". Except where the application is made in
10 person or electronically, failure to check a box shall not impair the
11 validity of an application, and failure to check "yes" or checking "skip
12 this question" shall not be construed to imply a wish not to donate. In
13 the case of an applicant under eighteen years of age, checking "yes"
14 shall not constitute consent to make an anatomical gift or registration
15 in the donate life registry, except as otherwise provided pursuant to
16 the provisions of paragraph (b) of subdivision one of section forty-
17 three hundred one of the public health law. Where an applicant has
18 previously consented to make an anatomical gift or registered in the
19 donate life registry, checking "skip this question" or failing to check
20 a box shall not impair that consent or registration. In addition, an
21 applicant for a commercial driver's license who will operate a commer-
22 cial motor vehicle in interstate commerce shall certify that such appli-
23 cant meets the requirements to operate a commercial motor vehicle, as
24 set forth in public law 99-570, title XII, and title 49 of the code of
25 federal regulations, and all regulations promulgated by the United
26 States secretary of transportation under the hazardous materials trans-
27 portation act. In addition, an applicant for a commercial driver's
28 license shall submit a medical certificate at such intervals as required
29 by the federal motor carrier safety improvement act of 1999 and Part
30 383.71(h) of title 49 of the code of federal regulations relating to
31 medical certification and in a manner prescribed by the commissioner.
32 For purposes of this section and sections five hundred three, five
33 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
34 certificate" and "medical certification" shall mean a form substantially
35 in compliance with the form set forth in Part 391.43(h) of title 49 of
36 the code of federal regulations. Upon a determination that the holder of
37 a commercial driver's license has made any false statement, with respect
38 to the application for such license, the commissioner shall revoke such
39 license.
40 § 5. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law; provided that the amendments to paragraph
42 (a) and subparagraph (ii) of paragraph (b) of subdivision 5 of section
43 4310 of the public health law, made by section two of this act, shall
44 not affect the expiration and reversion of such subdivision, and shall
45 expire therewith; provided, further that the amendments to the third
46 undesignated paragraph of subdivision 2 of section 490 of the vehicle
47 and traffic law, made by section three of this act, shall not affect the
48 expiration and repeal of such paragraph, and shall be deemed repealed
49 therewith; and provided, further that the amendments to the third undes-
50 ignated paragraph of subdivision 1 of section 502 of the vehicle and
51 traffic law, made by section four of this act, shall not affect the
52 expiration of the amendments to such subdivision by chapter 465 of the
53 laws of 2012, and shall expire therewith.
