Enacts Lauren's law in relation to directing the commissioner of health to ensure that space is provided on any consent application so that the applicant shall register or decline registration in the New York state donate life registry for organ and tissue donations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6148C
SPONSOR: Ortiz TITLE OF BILL: An act to amend the public health law, in relation to
directing the commissioner of health to ensure that space is provided on
any consent application so that the applicant shall register or decline
registration in the New York state donate life registry for organ and
tissue donations
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to change existing law so that indi-
viduals who apply for a New York State Drivers License must complete the
section of the application as it pertains to the organ donor registry.
The applicant must check the box for either "yes" or "not at this time"
under the organ donor registry section of the application.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend provisions of the vehicle and traffic law:
§1 This act shall be known and may be cited as "Lauren's Law".
§2 Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by chapter 639 of the laws of 2006, is amended to change the
license application procedures to require the commissioner ensure that
space is provided on the application so that the applicant shall regis-
ter or decline registration in the New York State donate life registry
for organ and tissue donations.
JUSTIFICATION:
According to the New York State Organ Donor Network, New York State
currently has the lowest Donor Designation Rate (DDR) in the United
States. In total, only 11% of eligible donors are currently enrolled in
The New York State Organ and Tissue Registry.
This number starkly contrasts to the national average of 43%. In some
states, such as Utah and Iowa, the DDR ranges between 65-70%. This bill
will create a new model for organ and tissue donation that is aimed at
significantly increasing that percentage while taking into consideration
all of the individual rights of persons to decline enrollment into the
program.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day.
STATE OF NEW YORK
________________________________________________________________________
6148--C
2011-2012 Regular Sessions
IN ASSEMBLY
March 8, 2011
___________
Introduced by M. of A. ORTIZ, HOYT, SCHIMMINGER, LINARES, GALEF, LANC-
MAN, M. MILLER, JAFFEE, ROBERTS, MILLMAN, SCHIMEL, TITONE, LUPARDO,
COLTON, MOYA, P. RIVERA, MAISEL, SCHROEDER, GUNTHER, LAVINE -- Multi-
Sponsored by -- M. of A. ABINANTI, BARCLAY, BING, BRAUNSTEIN, BURLING,
CALHOUN, CERETTO, CONTE, COOK, CRESPO, DINOWITZ, HOOPER, JORDAN,
KIRWAN, MAGEE, MARKEY, McDONOUGH, McENENY, McLAUGHLIN, PALMESANO,
SWEENEY, THIELE, WEISENBERG -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the public health law, in relation to directing the
commissioner of health to ensure that space is provided on any consent
application so that the applicant shall register or decline registra-
tion in the New York state donate life registry for organ and tissue
donations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Lauren's law".
2 § 2. Subdivision 2 of section 4310 of the public health law, as
3 amended by chapter 161 of the laws of 2010, is amended to read as
4 follows:
5 2. Such registration of consent to make an anatomical gift can be made
6 through (a) indication made on the application or renewal form of a
7 license, (b) indication made on a non-driver identification card appli-
8 cation or renewal form, (c) enrolling in the registry website maintained
9 by the department, which may include using an electronic signature under
10 regulations of the commissioner and subject to article three of the
11 state technology law, (d) indication made on a voter registration form
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10039-08-1
A. 6148--C 2
1 pursuant to subdivision five of section 5-210 of the election law, or
2 (e) through any other method identified by the commissioner. The
3 commissioner shall further ensure that space is provided on any consent
4 application so that the applicant shall register or decline registration
5 in the New York state donate life registry for organ and tissue
6 donations under this section and that the following is stated on the
7 application: "Would you like to be added to the Donate Life Registry?
8 Check box for 'yes', 'no', or check box for 'no' at this time". The
9 department shall not maintain any records of any person who checks "'no'
10 at this time". The registration shall take effect upon the department
11 sending written notice of the registration to the person enrolling in
12 the registry. In making regulations on using an electronic signature for
13 a registration of consent, the commissioner shall consult with the
14 director of the office of technology.
15 § 3. This act shall take effect on the one hundred twentieth day after
16 it shall have become a law; provided, however, that effective immediate-
17 ly, the addition, amendment and/or repeal of any rule or regulation
18 necessary for the implementation of this act on its effective date are
19 authorized and directed to be made and completed on or before such
20 effective date.
