STATE OF NEW YORK
________________________________________________________________________
7331
2025-2026 Regular Sessions
IN SENATE
April 10, 2025
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to allowing individ-
uals to register in the "donate life registry" through mandatory elec-
tronic tax filings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 4310 of the
2 public health law, as amended by section 2 of chapter 662 of the laws of
3 2024, is amended to read as follows:
4 (a) Such organ, eye and tissue registration of consent to make an
5 anatomical gift can be made through: (i) indication made on the applica-
6 tion or renewal form of a driver's license, (ii) indication made on a
7 non-driver identification card application or renewal form, (iii) indi-
8 cation made on a voter registration form pursuant to subdivision five of
9 section 5-210 of the election law, (iv) indication made on the applica-
10 tion for, or manual renewal application by an account holder of, health
11 care coverage offered through the state health benefit exchange, (v)
12 enrollment through the donate life registry website, (vi) paper enroll-
13 ment submitted to the donate life registry, (vii) indication made on the
14 application or renewal form of a hunting, fishing or trapping license
15 issued pursuant to title seven of article eleven of the environmental
16 conservation law, (viii) indication made on transactions administered by
17 the office of temporary and disability assistance through the mybene-
18 fits.ny.gov website, or any such successor website; (ix) indication made
19 on applications, renewals or related transactions for college financial
20 aid, grants, or scholarships offered or administered through any website
21 maintained by the higher education services corporation; (x) indication
22 made on transactions conducted through an individual's electronic health
23 records; [or] (xi) indication made on any tax document that is subject
24 to mandatory electronic filing in accordance with the provisions of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10817-01-5
S. 7331 2
1 section twenty-nine of the tax law; or (xii) through any other method
2 identified by the commissioner. The department shall establish a means
3 by which to register the consent given by individuals who are sixteen or
4 seventeen years of age in the donate life registry, and shall make
5 registration available by any of the methods provided in subparagraphs
6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi)
7 and (xii) of this paragraph.
8 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public
9 health law, as amended by section 3 of chapter 662 of the laws of 2024,
10 is amended to read as follows:
11 (a) Such organ, eye and tissue registration of consent to make an
12 anatomical gift can be made through: (i) indication made on the applica-
13 tion or renewal form of a driver's license, (ii) indication made on a
14 non-driver identification card application or renewal form, (iii) indi-
15 cation made on a voter registration form pursuant to subdivision five of
16 section 5-210 of the election law, (iv) indication made on the applica-
17 tion for, or manual renewal application by an account holder of, health
18 care coverage offered through the NY State of Health, the official
19 Health Plan Marketplace, (v) enrollment through the donate life registry
20 website, (vi) paper enrollment submitted to the donate life registry,
21 (vii) indication made on the application or renewal form of a hunting,
22 fishing or trapping license issued pursuant to title seven of article
23 eleven of the environmental conservation law, (viii) indication made on
24 transactions administered by the office of temporary and disability
25 assistance through the mybenefits.ny.gov website, or any such successor
26 website; (ix) indication made on applications, renewals or related tran-
27 sactions for college financial aid, grants, or scholarships offered or
28 administered through any website maintained by the higher education
29 services corporation; (x) indication made by an insured and/or applicant
30 for insurance during enrollments, renewals, and the initial process for
31 an insured in setting up an online member service portal with their
32 insurer for accident and health insurance policies and contracts issued
33 pursuant to article forty-four of this chapter, article forty-two of the
34 insurance law, or article forty-three of the insurance law, excepting
35 renewals made through the NY State of Health, the official Health Plan
36 Marketplace, other than those specifically referenced in subparagraph
37 (iv) of this paragraph and paragraph (v) of subdivision one of section
38 two hundred six of this chapter; and provided, however, that nothing in
39 this section shall apply to the medical assistance program under title
40 eleven of article five of the social services law; (xi) indication made
41 on transactions conducted through an individual's electronic health
42 record; [or] (xii) indication made on any tax document that is subject
43 to mandatory electronic filing in accordance with the provisions of
44 section twenty-nine of the tax law; or (xiii) through any other method
45 identified by the commissioner. The department shall establish a means
46 by which to register the consent given by individuals who are sixteen or
47 seventeen years of age in the donate life registry, and shall make
48 registration available by any of the methods provided in subparagraphs
49 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) [and],
50 (xii) and (xiii) of this paragraph.
51 § 3. Subparagraph (i) of paragraph (b) of subdivision 5 of section
52 4310 of the public health law, as amended by section 4 of chapter 662 of
53 the laws of 2024, is amended to read as follows:
54 (i) Where required by law for transactions described in subparagraphs
55 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) and (xii) of para-
56 graph (a) of this subdivision, the commissioner shall ensure, in consul-
S. 7331 3
1 tation with the head of any agency required to implement such trans-
2 action, that space is provided on any required form so that the
3 applicant shall register or decline registration in the donate life
4 registry for organ, eye and tissue donations under this section and that
5 the following is stated on the form in clear and conspicuous type:
6 "You must fill out the following section: Would you like to be added
7 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
8 tion'."
9 § 4. Subparagraph (i) of paragraph (b) of subdivision 5 of section
10 4310 of the public health law, as amended by section 5 of chapter 662 of
11 the laws of 2024, is amended to read as follows:
12 (i) Where required by law for transactions described in subparagraphs
13 (i), (ii), (iv), (vii), (viii), (ix), (x), (xi) [and], (xii) and (xiii)
14 of paragraph (a) of this subdivision, the commissioner shall ensure, in
15 consultation with the head of any agency required to implement such
16 transaction, that space is provided on any required form so that the
17 applicant shall register or decline registration in the donate life
18 registry for organ, eye and tissue donations under this section and that
19 the following is stated on the form in clear and conspicuous type:
20 "You must fill out the following section: Would you like to be added
21 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
22 tion'."
23 § 5. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law; provided, however, that if sections 3 and 5
25 of chapter 552 of the laws of 2024 shall not have taken effect on or
26 before such date then sections two and four of this act shall take
27 effect on the same date and in the same manner as such sections of such
28 chapter of the laws of 2024, takes effect. Effective immediately, the
29 commissioner of health is authorized to take any actions necessary to
30 implement the provisions of this act on or before its effective date.
