NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4990B
SPONSOR: Ortiz (MS)
 
TITLE OF BILL:
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
 
PURPOSE:
To allow New Yorkers age 16 or older who wish to consent to donate the
ability to enroll in the New York State Donate Life Registry, while
preserving the parent's ability to give final authorization should the
under aged individual be considered for organ, eye or tissue donation.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 1 of section 4301 of the public
health law, as amended by chapter 348 of the laws of 2009, to allow
individuals who are sixteen or seventeen years old to register their
consent to donate their organs, eyes, and tissue in the NYS Donate Life
Registry. This section also authorizes a potential donor's parents or
legal guardian to rescind the donor's authorization for donation at the
time of death if it were to occur before the potential donor turned
eighteen.
Section 2 of the bill amends subdivision 5 of section 4310 of the law,
which directs the department to create a means by which sixteen and
seventeen year olds can register their consent to donate their organs,
eyes, and tissue in the NYS Donate Life Registry, and to make that means
available to the department of motor vehicles, the board of elections,
online, and by a contractor administering the NYS Donate Life Registry.
Sections 3 and 4 make conforming changes to sections 490 and 502 of the
vehicle and traffic law to allow for those 16 and above to register
their consent to donate.
Section 5 of the bill provides the effective date
 
JUSTIFICATION:
Deciding to become an organ and tissue donor is a charitable and gener-
ous decision many young adults would like to make. However, New York is
one of only five states in the nation that requires an individual be 18
or older to enroll in an organ and tissue donor registry. This leaves
young people without a mechanism to document their consent to donate and
puts parents in the difficult situation of having to assume what their
teenage child would have wanted should a tragedy occur. This legislation
will allow New Yorkers aged 16 or older who wish to consent to donation
the ability to enroll in the New York State Donate Life Registry. Howev-
er, in the event that the young person may be considered for organ, eye
or tissue donation, the parents of that individual will be notified and
given the final authorization for donation to take place.
With this change in policy, New York will address an important proce-
dural barrier to enrollments in the New York State Donate Life Registry.
Most individuals go to the Department of Motor Vehicles (DMV) to apply
for their Junior Driver license when they are 16. However, DMV automat-
ic renewal process does not provide an opportunity to ask these drivers
to complete the organ and tissue donation section on their license
applications until they are in their late twenties. Currently, 47 states
have either no restriction on the minimum age for an organ and tissue
donor registration or allow for enrollment at an age younger than 18.
This legislation will allow New York to join these states in granting 16
and 17 year olds the opportunity to express their consent to donate.
New York is in the midst of a public health crisis where the need for
organs for transplant far exceeds the supply. The state must do a better
job of promoting the New York State Donate Life Registry and raise it
out of 51st ranking among the 52 existing registries. While the state
has taken steps to increase donations, including allowing sign up
through the driver license process, more than 10,000 New Yorkers are on
the national transplant waiting list and in our state one person dies
every 15 hours because an organ did not become available to save their
life. Amazingly, one single organ donor can save the lives of 8 people
and a tissue donor can improve 50 lives by restoring eyesight, treating
burn patients and preventing the loss of mobility and disability.
This legislation will ensure that New York is doing all it can to
provide individuals with the opportunity to save lives by enrolling in
the New York State Donate Life Registry.
 
LEGISLATIVE HISTORY:
2015: A4990-A Reported; referred to Rules
2014: A9203-A Died in Codes
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after enactment provided
that the amendments to the public health and vehicle and traffic law
shall not affect the expiration of the existing sections and shall
expire therewith.
STATE OF NEW YORK
________________________________________________________________________
4990--B
2015-2016 Regular Sessions
IN ASSEMBLY
February 10, 2015
___________
Introduced by M. of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF, FAHY,
JAFFEE, LUPINACCI, GOODELL, GOTTFRIED -- Multi-Sponsored by -- M. of
A. OAKS, TENNEY -- read once and referred to the Committee on Health
-- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Health in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03736-03-6
A. 4990--B 2
1 executed an organ donor card, driver's license authorization to make an
2 anatomical gift, pursuant to paragraph (a) of subdivision one of section
3 five hundred four of the vehicle and traffic law, or has otherwise given
4 written authorization for organ or tissue donation, notice of such gift
5 shall be provided to the donor's parents or legal guardians, and author-
6 ization for donation may be rescinded or amended by an objection by a
7 parent or legal guardian of the donor at the time of death and prior to
8 the recovery of any organ or tissue if the donor is less than eighteen
9 years of age. An anatomical gift made by an individual more than sixteen
10 years of age but less than eighteen shall otherwise not be rescinded,
11 except upon a showing that the donor revoked the authorization. Upon the
12 donor reaching the age of eighteen, the donor's consent to donate his or
13 her organs or tissue shall be regarded as consent for authorization to
14 make an anatomical gift.
15 § 2. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
16 sion 5 of section 4310 of the public health law, paragraph (a) as
17 amended by section 27 of part A of chapter 60 of the laws of 2014 and
18 subparagraph (ii) of paragraph (b) as amended by chapter 405 of the laws
19 of 2015, are amended to read as follows:
20 (a) Such organ, eye and tissue registration of consent to make an
21 anatomical gift can be made through: (i) indication made on the applica-
22 tion or renewal form of a driver's license, (ii) indication made on a
23 non-driver identification card application or renewal form, (iii) indi-
24 cation made on a voter registration form pursuant to subdivision five of
25 section 5-210 of the election law, (iv) enrollment through the donate
26 life registry website, (v) paper enrollment submitted to the donate life
27 registry, or (vi) through any other method identified by the commission-
28 er. The department shall establish a means by which to register the
29 consent given by individuals who are sixteen or seventeen years of age
30 in the donate life registry, and shall make registration available by
31 any of the methods provided in subparagraphs (i), (ii), (iii), (iv), (v)
32 and (vi) of this paragraph.
33 (ii) The commissioner shall not maintain records of any person who
34 checks "skip this question". Except where the application is made in
35 person or electronically, failure to check a box shall not impair the
36 validity of an application, and failure to check "yes" or checking "skip
37 this question" shall not be construed to imply a wish not to donate. In
38 the case of an applicant under eighteen years of age, checking "yes"
39 shall not constitute consent to make an anatomical gift or registration
40 in the donate life registry, except as otherwise provided pursuant to
41 the provisions of paragraph (b) of subdivision one of section forty-
42 three hundred one of this article. Where an applicant has previously
43 consented to make an anatomical gift or registered in the donate life
44 registry, checking "skip this question" or failing to check a box shall
45 not impair that consent or registration.
46 § 3. The third undesignated paragraph of subdivision 2 of section 490
47 of the vehicle and traffic law, as amended by chapter 405 of the laws of
48 2015, is amended to read as follows:
49 The commissioner of health shall not maintain records of any person
50 who checks "skip this question". Except where the application is made in
51 person or electronically, failure to check a box shall not impair the
52 validity of an application, and failure to check "yes" or checking "skip
53 this question" shall not be construed to imply a wish not to donate. In
54 the case of an applicant under eighteen years of age, checking "yes"
55 shall not constitute consent to make an anatomical gift or registration
56 in the donate life registry, except as otherwise provided pursuant to
A. 4990--B 3
1 the provisions of paragraph (b) of subdivision one of section forty-
2 three hundred one of the public health law. Where an applicant has
3 previously consented to make an anatomical gift or registered in the
4 donate life registry, checking "skip this question" or failing to check
5 a box shall not impair that consent or registration.
6 § 4. The third undesignated paragraph of subdivision 1 of section 502
7 of the vehicle and traffic law, as amended by chapter 405 of the laws of
8 2015, is amended to read as follows:
9 The commissioner of health shall not maintain records of any person
10 who checks "skip this question". Except where the application is made in
11 person or electronically, failure to check a box shall not impair the
12 validity of an application, and failure to check "yes" or checking "skip
13 this question" shall not be construed to imply a wish not to donate. In
14 the case of an applicant under eighteen years of age, checking "yes"
15 shall not constitute consent to make an anatomical gift or registration
16 in the donate life registry, except as otherwise provided pursuant to
17 the provisions of paragraph (b) of subdivision one of section forty-
18 three hundred one of the public health law. Where an applicant has
19 previously consented to make an anatomical gift or registered in the
20 donate life registry, checking "skip this question" or failing to check
21 a box shall not impair that consent or registration. In addition, an
22 applicant for a commercial driver's license who will operate a commer-
23 cial motor vehicle in interstate commerce shall certify that such appli-
24 cant meets the requirements to operate a commercial motor vehicle, as
25 set forth in public law 99-570, title XII, and title 49 of the code of
26 federal regulations, and all regulations promulgated by the United
27 States secretary of transportation under the hazardous materials trans-
28 portation act. In addition, an applicant for a commercial driver's
29 license shall submit a medical certificate at such intervals as required
30 by the federal motor carrier safety improvement act of 1999 and Part
31 383.71(h) of title 49 of the code of federal regulations relating to
32 medical certification and in a manner prescribed by the commissioner.
33 For purposes of this section and sections five hundred three, five
34 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
35 certificate" and "medical certification" shall mean a form substantially
36 in compliance with the form set forth in Part 391.43(h) of title 49 of
37 the code of federal regulations. Upon a determination that the holder of
38 a commercial driver's license has made any false statement, with respect
39 to the application for such license, the commissioner shall revoke such
40 license.
41 § 5. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law; provided that the amendments to paragraph
43 (a) and subparagraph (ii) of paragraph (b) of subdivision 5 of section
44 4310 of the public health law, made by section two of this act, shall
45 not affect the expiration and reversion of such subdivision, and shall
46 expire therewith; provided, further that the amendments to the third
47 undesignated paragraph of subdivision 2 of section 490 of the vehicle
48 and traffic law, made by section three of this act, shall not affect the
49 expiration and repeal of such paragraph, and shall be deemed repealed
50 therewith; and provided, further that the amendments to the third undes-
51 ignated paragraph of subdivision 1 of section 502 of the vehicle and
52 traffic law, made by section four of this act, shall not affect the
53 expiration of the amendments to such subdivision by chapter 465 of the
54 laws of 2012, and shall expire therewith.