STATE OF NEW YORK
________________________________________________________________________
4999--A
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
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Introduced by Sen. DUANE -- 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 state technology law, in
relation to permitting an electronic signature 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 2 of section 4310 of the public health law, as
2 amended by chapter 362 of the laws of 2008, is amended to read as
3 follows:
4 2. Such registration of consent to make an anatomical gift can be made
5 through (a) indication made on the application or renewal form of a
6 license, (b) indication made on a non-driver identification card appli-
7 cation or renewal form, (c) enrolling in the registry website maintained
8 by the department, which may include using an electronic signature under
9 regulations of the commissioner and subject to article three of the
10 state technology law, (d) indication made on a voter registration form
11 pursuant to subdivision five of section 5-210 of the election law, or
12 (e) through any other method identified by the commissioner. The regis-
13 tration shall take effect upon the department sending written notice of
14 the registration to the person enrolling in the registry. In making
15 regulations on using an electronic signature for a registration of
16 consent, the commissioner shall consult with the director of the office
17 of technology.
18 § 2. Subdivision 1 of section 307 of the state technology law, such
19 section as renumbered by chapter 437 of the laws of 2004, is amended to
20 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11421-02-0
S. 4999--A 2
1 1. To any document providing for the disposition of an individual's
2 person or property upon death or incompetence, or appointing a fiduciary
3 of an individual's person or property, including, without limitation,
4 wills, trusts, decisions consenting to orders not to resuscitate, powers
5 of attorney and health care proxies, with the exception of: (a) contrac-
6 tual beneficiary designations; and (b) the registration of making an
7 anatomical gift under section forty-three hundred ten of the public
8 health law under regulations under that section.
9 § 3. This act shall take effect immediately.
