A07703 Summary:
| BILL NO | A07703 |
| SAME AS | SAME AS S06690 |
| SPONSOR | Paulin |
| COSPNSR | Sayegh, McDonald |
| MLTSPNSR | |
| Amd 4301 & 4305, Pub Health L | |
| Permits a close friend to make an anatomical gift of a decedent's body. | |
A07703 Actions:
| BILL NO | A07703 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/06/2023 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/03/2024 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/05/2024 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/07/2024 | advanced to third reading cal.351 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/11/2024 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/11/2024 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/11/2024 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
A07703 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the public health law, in relation to permitting a close friend to make an anatomical gift of a decedent's body PURPOSE OR GENERAL IDEA OF BILL: To conform the state's implementation of the Uniform Anatomical Gift Act with provisions of the Family Health Care Decisions Act (FHDCA) allowing the opportunity for those individuals designated under the FHDCA as close friends to be included in decisions regarding posthumous anatom- ical gifts. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subparagraph (x) of subdivision (2) of section 4301 of the Public Health Law as it relates to posthumous organ, eye, and tissue donation to include close friends, as defined in Public Health law, as a class of individuals able to make anatomical gifts on behalf of deceased individuals. A new subparagraph (xi) is added to include current provisions of law that allow for other persons otherwise authorized or under obligation to dispose of a deceased individual's body. These indi- viduals are typically hospital administration employees or similar indi- viduals. Section 2 amends paragraph (b) of subdivision (2) of section 4305 of the Public Health Law as it relates to amendment or revocation of anatomical gifts to make conforming changes consistent with section 1 of this bill. Section 3 provides an effective date. JUSTIFICATION: In 2019, the legislature modernized the state's anatomical gift law through its passage of the New York Gift Act. Prior to these vital poli- cy changes, New York's anatomical gift law consisted primarily of the Uniform Anatomical Gift Act's 1987 provisions. In instances when a deceased individual has not documented their decision to make an anatom- ical gift, provisions contained within the New York Gift Act created a more inclusionary prioritized list of those who may authorize an anatom- ical gift on behalf of the decedent. This legislation proposes to further expand that list and bring it into alignment with the rest of the nation by including an additional authorizer to this hierarchy of decision-makers: close friends. Currently, New York is one of only seven states that do not include close friends in the classes of persons authorized to make an anatomical gift. The anatomical gift laws of 43 other states as well as that of Washington D.C. contain language allowing a close friend or equivalent to make this decision. Further, New York's Family Health Care Decisions Act recognizes the importance of including close friends among the surrogates authorized to make healthcare decisions on behalf of a living individual. Incorporating the same class into New York's anatomical gift law is a common-sense approach in circumstances where a deceased indi- vidual has not named a health care agent and has no relatives, but does have a close friend who is willing to act as a surrogate. Further, the inclusion of close friends as a recognized class of decision makers provides for equitable treatment of all New Yorkers and consistent treatment of close friend relationships across public health law appli- cation. PRIOR LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS: None to the state. EFFECTIVE DATE: This act shall take effect on the first of January succeeding the date that it shall have become a law.
A07703 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 7703 2023-2024 Regular Sessions IN ASSEMBLY June 6, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to permitting a close friend to make an anatomical gift of a decedent's body The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (ix) and (x) of paragraph (a) and paragraph 2 (b) of subdivision 2 of section 4301 of the public health law, subpara- 3 graph (ix) and (x) of paragraph (a) as amended and paragraph (b) as 4 added by section 1 of part B of chapter 742 of the laws of 2019, are 5 amended to read as follows: 6 (ix) a guardian of the person of the decedent at the time of his or 7 her death, [or] 8 (x) a close friend as defined in subdivision four of section twenty- 9 nine hundred ninety-four-a of this chapter, or 10 (xi) any other person authorized or under the obligation to dispose of 11 the body. 12 (b) If there is more than one member of a class listed in subparagraph 13 (iv), (vi), (vii), [or] (viii), or (x) of paragraph (a) of this subdivi- 14 sion entitled to make an anatomical gift, an anatomical gift may be made 15 by a member of the class unless that member or person knows of an 16 objection by another member of the class. If an objection is known, the 17 gift may be made only by a majority of the members of the class who are 18 reasonably available. 19 § 2. Paragraph (b) of subdivision 2 of section 4305 of the public 20 health law, as amended by chapter 45 of the laws of 2020, is amended to 21 read as follows: 22 (b) If more than one member of a class listed in subparagraph (iv), 23 (vi), (vii), [or] (viii), or (x) of paragraph (a) of subdivision two of 24 section forty-three hundred one of this article is reasonably available, 25 a gift made pursuant to subdivision two of section forty-three hundred EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11117-01-3A. 7703 2 1 one of this article shall be amended or revoked only if a majority of 2 the reasonably available members agree. 3 § 3. This act shall take effect on the first of January next succeed- 4 ing the date on which it shall have become a law. Effective immediately, 5 the commissioner of health is authorized to take any actions necessary 6 to implement the provisions of this act on or before its effective date.