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A08116 Summary:

BILL NOA08116
 
SAME ASSAME AS S05283-C
 
SPONSOROrtiz
 
COSPNSRZebrowski, Titone, Seawright, Harris, Wallace
 
MLTSPNSRSimon
 
Add 262-a, amd 355 & 6206, Ed L; amd 4310, Pub Health L
 
Authorizes registration as an organ donor in the donate life registry on SUNY, CUNY and library card applications.
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A08116 Actions:

BILL NOA08116
 
05/30/2017referred to higher education
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A08116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8116
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 30, 2017
                                       ___________
 
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the public health law and the education law, in relation
          to registration in the donate life registry
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 2, paragraph (a) of subdivision 5 and subdivi-
     2  sion 9 of section 4310 of  the  public  health  law,  subdivision  2  as
     3  amended and subdivision 9 as added by section 27 of part A of chapter 60
     4  of  the  laws  of  2014 and paragraph (a) of subdivision 5 as separately
     5  amended by chapters 40 and 248 of the laws of 2016, are amended to  read
     6  as follows:
     7    2. The commissioner may enter into a multi-year contract for the oper-
     8  ation  and  promotion  of the donate life registry subject to such terms
     9  and conditions as may be contained within such contract with a  not-for-
    10  profit  organization  that  has  experience  working with organ, eye and
    11  tissue procurement organizations, has expertise in conducting organ, eye
    12  and tissue donor promotional  campaigns,  and  is  affiliated  with  the
    13  organ,  eye  and  tissue  donation  community  throughout the state. The
    14  contractor may subcontract as needed for the  effective  performance  of
    15  the contract. All such subcontractors and the terms of such subcontracts
    16  shall  be  subject to approval by the commissioner. Any applicable state
    17  agency, including, but not limited to, the department, the department of
    18  motor vehicles, the state university of New York, and the city universi-
    19  ty of New York boards of trustees,  and  the  board  of  elections,  and
    20  libraries within the state, shall cooperate in the collection and trans-
    21  fer of registrant data to the donate life registry.
    22    (a)  Such  organ,  eye  and  tissue registration of consent to make an
    23  anatomical gift can be made through: (i) indication made on the applica-
    24  tion or renewal form of a driver's license, (ii) indication  made  on  a
    25  non-driver  identification card application or renewal form, (iii) indi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10656-10-7

        A. 8116                             2
 
     1  cation made on a voter registration form pursuant to subdivision five of
     2  section 5-210 of the election law, (iv) indication made on the  applica-
     3  tion  for  health care coverage offered through the state health benefit
     4  exchange,  (v) enrollment through the donate life registry website, (vi)
     5  paper enrollment submitted to the donate life registry, [or] (vii) indi-
     6  cation made on the common application used for admittance  to  attend  a
     7  city  or  state  university  of New York college pursuant to subdivision
     8  twenty of section three hundred  fifty-five  or  subdivision  twenty  of
     9  section  sixty-two  hundred  six of the education law; (viii) indication
    10  made on the application for a  library  card  pursuant  to  section  two
    11  hundred  sixty-two-a  of  the  education  law, or (ix) through any other
    12  method identified by the commissioner.  The department shall establish a
    13  means by which to register the consent  given  by  individuals  who  are
    14  sixteen or seventeen years of age in the donate life registry, and shall
    15  make  registration  available by any of the methods provided in subpara-
    16  graphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) of this
    17  paragraph.
    18    9. An interagency  work  group,  composed  of  the  commissioner,  the
    19  commissioner  of  the department of motor vehicles, a chair of the board
    20  of elections, a trustee of the state university of New York, a represen-
    21  tative of libraries in the state of New York, or  their  designees,  and
    22  such  other  individuals as may be designated by the commissioner, shall
    23  be established to meet with the contractor annually  and  as  needed  to
    24  review the status of the donate life registry, to examine the steps that
    25  might  be taken by state agencies to enhance its performance and to make
    26  recommendations to the contractor.
    27    § 2. Paragraph (a) of subdivision 5 of  section  4310  of  the  public
    28  health law, as amended by section 27 of part A of chapter 60 of the laws
    29  of 2014, is amended to read as follows:
    30    (a)  Such  organ,  eye  and  tissue registration of consent to make an
    31  anatomical gift can be made through: (i) indication made on the applica-
    32  tion or renewal form of a driver's license, (ii) indication  made  on  a
    33  non-driver  identification card application or renewal form, (iii) indi-
    34  cation made on a voter registration form pursuant to subdivision five of
    35  section 5-210 of the election law, (iv) indication made on the  applica-
    36  tion  for  health care coverage offered through the state health benefit
    37  exchange, (v) enrollment through the donate life registry website, [(v)]
    38  (vi) paper enrollment submitted to the donate life registry,  [or  (vi)]
    39  (vii)  indication  made on the common application used for admittance to
    40  attend a city or state university of New York college pursuant to subdi-
    41  vision twenty of section three hundred fifty-five or subdivision  twenty
    42  of section sixty-two hundred six of the education law, (viii) indication
    43  made  on  the  application  for  a  library card pursuant to section two
    44  hundred sixty-two-a of the education law,  or  (ix)  through  any  other
    45  method identified by the commissioner.
    46    §  3.  Section  355  of  the  education law is amended by adding a new
    47  subdivision 20 to read as follows:
    48    20. a. The state university board of trustees shall  ensure  that  the
    49  common  application  used for admittance to attend a state university of
    50  New York college includes the question, "would you like to be  added  to
    51  the  donate  life  registry?"  or  "skip  the  question",  which must be
    52  answered in order to submit such application.
    53    b. The trustees shall not maintain records of any  person  who  checks
    54  "skip  this question". Except where the application is made in person or
    55  electronically, failure to check a box shall not impair the validity  of
    56  an  application, and failure to check "yes" or checking "skip this ques-

        A. 8116                             3
 
     1  tion" shall not be construed to imply a wish not to donate. In the  case
     2  of  an  applicant  under eighteen years of age, checking "yes" shall not
     3  constitute consent to make an anatomical gift  or  registration  in  the
     4  donate  life  registry,  except  as  otherwise  provided pursuant to the
     5  provisions of paragraph (b) of subdivision one  of  section  forty-three
     6  hundred one of the public health law.
     7    c.  Where  an applicant has previously consented to make an anatomical
     8  gift or register in the donate life registry, checking "skip this  ques-
     9  tion"  or failing to check a box shall not impair that consent or regis-
    10  tration.
    11    § 4. Section 6206 of the education law is  amended  by  adding  a  new
    12  subdivision 20 to read as follows:
    13    20.  a.  The  city  university board of trustees shall ensure that the
    14  common application used for admittance to attend a  city  university  of
    15  New  York  college includes the question, "would you like to be added to
    16  the donate life  registry?"  or  "skip  the  question",  which  must  be
    17  answered in order to submit such application.
    18    b.  The  regents  shall  not maintain records of any person who checks
    19  "skip this question". Except where the application is made in person  or
    20  electronically,  failure to check a box shall not impair the validity of
    21  an application, and failure to check "yes" or checking "skip this  ques-
    22  tion"  shall not be construed to imply a wish not to donate. In the case
    23  of an applicant under eighteen years of age, checking  "yes"  shall  not
    24  constitute  consent  to  make  an anatomical gift or registration in the
    25  donate life registry, except  as  otherwise  provided  pursuant  to  the
    26  provisions  of  paragraph  (b) of subdivision one of section forty-three
    27  hundred one of the public health law.
    28    c. Where an applicant has previously consented to make  an  anatomical
    29  gift  or register in the donate life registry, checking "skip this ques-
    30  tion" or failing to check a box shall not impair that consent or  regis-
    31  tration.
    32    §  5.  The  education  law is amended by adding a new section 262-a to
    33  read as follows:
    34    § 262-a. Application for library card; registration in the donate life
    35  registry. 1. Where required by law for application  forms  described  in
    36  subparagraph  (viii)  of  paragraph  (a)  of subdivision five of section
    37  forty-three hundred ten of the public health law, every  library,  other
    38  than a school library, shall ensure that space is provided on the appli-
    39  cation  for  a  library  card  so  that  the applicant shall register or
    40  decline registration in the donate life  registry  for  organ,  eye  and
    41  tissue  donations  under  section  forty-three hundred ten of the public
    42  health law and that the following is stated on the application in  clear
    43  and conspicuous type:
    44    "You  must  fill out the following section: Would you like to be added
    45  to the Donate Life Registry? Check box for  'yes'  or  'skip  the  ques-
    46  tion'."
    47    2.  The department shall not maintain records of any person who checks
    48  "skip this question". Except where the application is made in person  or
    49  electronically,  failure to check a box shall not impair the validity of
    50  an application, and failure to check "yes" or checking "skip this  ques-
    51  tion"  shall not be construed to imply a wish not to donate. In the case
    52  of an applicant under sixteen years of age,  checking  "yes"  shall  not
    53  constitute  consent  to  make  an anatomical gift or registration in the
    54  donate life registry, except  as  otherwise  provided  pursuant  to  the
    55  provisions  of  paragraph  (b) of subdivision one of section forty-three
    56  hundred one of the public health law.

        A. 8116                             4
 
     1    3. Where an applicant has previously consented to make  an  anatomical
     2  gift  or  register in the donate life registry, checking "skip the ques-
     3  tion" or failing to check a box shall not impair that consent or  regis-
     4  tration.
     5    4.  The commissioner, in collaboration with the commissioner of health
     6  shall develop instructional tools and materials for libraries to  assist
     7  in  the education of organ donation and enrollment in the New York State
     8  Donate Life Registry. Materials and instructional tools to  advance  and
     9  promote education awareness on organ donation shall be made available to
    10  libraries upon request at no charge.
    11    5. The commissioner shall promulgate regulations pursuant to which the
    12  department  may  provide  financial assistance to libraries for updating
    13  library card applications upon showing that costs associated with updat-
    14  ing application forms in compliance with this  section  would  impose  a
    15  financial hardship.
    16    §  6. This act shall take effect immediately, provided that the amend-
    17  ments to paragraph (a) of subdivision 5 of section 4310  of  the  public
    18  health law made by section one of this act shall be subject to the expi-
    19  ration  and reversion of such subdivision pursuant to section 6 of chap-
    20  ter 465 of the laws of  2012,  as  amended,  when  upon  such  date  the
    21  provisions of section two of this act shall take effect.
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