Add S4311, amd S4301, Pub Health L; amd S5-210, El L; amd SS490, 502 & 504, V & T L
Establishes the NYS brain donor registry: a listing of anatomical gifts made for the purpose of medical research regarding developmental disabilities, including but not limited to autism spectrum disorders or cerebral palsy.
STATE OF NEW YORK
________________________________________________________________________
5343
2015-2016 Regular Sessions
IN ASSEMBLY
February 18, 2015
___________
Introduced by M. of A. CUSICK, LAVINE, JAFFEE, TITONE -- Multi-Sponsored
by -- M. of A. COOK, GALEF, MARKEY -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, the election law and the vehicle
and traffic law, in relation to creating a state brain donor registry
and to repeal certain provisions of the vehicle and traffic law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 4311 to read as follows:
3 § 4311. New York state brain donor registry. 1. The department shall
4 establish a brain donor registry, which shall contain a listing of all
5 brain donors who have declared their consent to make an anatomical gift
6 of their brains for the purpose of medical research regarding develop-
7 mental disabilities, including but not limited to autism spectrum disor-
8 ders or cerebral palsy.
9 2. Such registration of consent to make an anatomical gift can be made
10 through (a) indication made on the application or renewal form of a
11 license, (b) indication made on a non-driver identification card appli-
12 cation or renewal form, (c) enrolling in the registry website maintained
13 by the department, (d) indication made on a voter registration form
14 pursuant to subdivision five of section 5-210 of the election law, or
15 (e) through any other method identified by the commissioner. The regis-
16 tration shall take effect upon the department sending written notice of
17 the registration to the person enrolling in the registry.
18 3. (a) Information contained in the registry shall be accessible to
19 any entity formally approved by the commissioner.
20 (b) The information contained in the registry shall not be released to
21 any person except as expressly authorized by this section solely for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03067-01-5
A. 5343 2
1 purpose of identifying potential brain donors at or near the time of
2 death.
3 4. If the department had an established registry prior to the effec-
4 tive date of this section, it shall be deemed to meet the requirements
5 of this section.
6 5. A person registered in the brain donor registry before the effec-
7 tive date of this subdivision shall be deemed to have expressed intent
8 to donate, until and unless he or she files an amendment to his or her
9 registration or a new registration expressing consent to donate.
10 6. The commissioner shall contact each person registered before the
11 effective date of this subdivision in the brain donor registry in writ-
12 ing to inform him or her that at the time he or she registered, the
13 registry was that of intent and that the registry is now one of consent,
14 to explain in clear and understandable terms the difference between
15 intent and consent, and to provide opportunity for the person to change
16 his or her registration to provide consent by amending his or her
17 current registration or executing a new registration.
18 7. The commissioner is authorized to promulgate rules and regulations
19 necessary to implement the provisions of this section.
20 § 2. Subdivisions 1 and 5 of section 4301 of the public health law, as
21 amended by chapter 348 of the laws of 2009, are amended to read as
22 follows:
23 1. Any individual of sound mind and eighteen years of age or more may
24 give all or any part of his or her body for any purpose specified in
25 section forty-three hundred two of this article, the gift to take effect
26 upon death. In any case where the donor has properly executed an organ
27 donor card or a brain donor card, driver's license authorization to make
28 an anatomical gift, pursuant to paragraph (a) of subdivision one of
29 section five hundred four of the vehicle and traffic law, registered in
30 the New York state organ and tissue donor registry under section forty-
31 three hundred ten of this article, registered in the New York state
32 brain donor registry under section forty-three hundred eleven of this
33 article or has otherwise given written authorization for brain, organ or
34 tissue donation, authorization for donation shall not be rescinded by an
35 objection by a member of any of the classes specified in paragraphs (a)
36 through (h) of subdivision two of this section, except upon a showing
37 that the donor revoked the authorization.
38 5. The donee shall not accept the gift under the following circum-
39 stances:
40 (a) the donee has actual notice of contrary indication by the dece-
41 dent;
42 (b) where the donor has not properly executed an organ donor card or
43 brain donor card, driver's license authorization to make an anatomical
44 gift, pursuant to paragraph (a) of subdivision one of section five
45 hundred four of the vehicle and traffic law, registered in the New York
46 state organ and tissue donor registry under section forty-three hundred
47 ten of this article, registered in the New York state brain donor regis-
48 try under section forty-three hundred eleven of this article or other-
49 wise given written authorization for brain, organ or tissue donation, or
50 has revoked any such authorization, and the gift is opposed by a person
51 or persons in the highest priority available of the classes specified in
52 paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subdivision two of
53 this section; or
54 (c) the donee has reason to believe that an anatomical gift is contra-
55 ry to the decedent's religious or moral beliefs.
A. 5343 3
1 § 3. Paragraph (k) of subdivision 5 of section 5-210 of the election
2 law is amended by adding a new subparagraph (xiii) to read as follows:
3 (xiii) A space for the applicant to register in the New York state
4 brain donor registry for brain tissue donations established pursuant to
5 section forty-three hundred eleven of the public health law.
6 § 4. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
7 traffic law, as amended by chapter 429 of the laws of 2014, is amended
8 to read as follows:
9 (b) The identification card shall contain a distinguishing number or
10 mark and adequate space upon which the holder may record the donation of
11 an anatomical gift of their organ, tissue or brain, pursuant to article
12 forty-three of the public health law, [by the holder may be recorded]
13 and such card shall contain such other information and shall be issued
14 in such form as the commissioner shall determine; provided, however,
15 every identification card or renewal thereof issued to a person under
16 the age of twenty-one years shall have prominently imprinted thereon the
17 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
18 format. Provided, further, however, that every identification card
19 issued to an applicant who was a member of the armed forces of the
20 United States and received an honorable discharge or was released there-
21 from under honorable conditions shall, upon his or her request and
22 submission of proof as set forth herein, contain a distinguishing mark,
23 in such form as the commissioner shall determine, indicating that he or
24 she is a veteran. Such proof shall consist of a certificate of release
25 or discharge from active duty including but not limited to a DD Form 214
26 or other proof satisfactory to the commissioner. The commissioner shall
27 not require fees for the issuance of such identification cards or
28 renewals thereof to persons under twenty-one years of age which are
29 different from the fees required for the issuance of identification
30 cards or renewals thereof to persons twenty-one years of age or over,
31 nor fees to persons requesting a veteran distinguishing mark which are
32 different from fees that would otherwise be required. Provided, however,
33 that notwithstanding the provisions of section four hundred ninety-one
34 of this article, the commissioner shall not require any fees for the
35 duplication or amendment of an identification card prior to its renewal
36 if such duplication or amendment was solely for the purpose of adding a
37 veteran distinguishing mark to such identification card.
38 § 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
39 separately amended by chapters 465 and 487 of the laws of 2012, is
40 REPEALED and a new subdivision 1 is added to read as follows:
41 1. Application for license. Application for a driver's license shall
42 be made to the commissioner. The fee prescribed by law may be submitted
43 with such application. The applicant shall furnish such proof of identi-
44 ty, age, and fitness as may be required by the commissioner. The
45 commissioner may also provide that the application procedure shall
46 include the taking of a photo image or images of the applicant in
47 accordance with rules and regulations prescribed by the commissioner. In
48 addition, the commissioner also shall require that the applicant provide
49 his or her social security number and shall provide space on the appli-
50 cation so that the applicant may register in the New York state organ
51 and tissue donor registry under section forty-three hundred ten of the
52 public health law or the New York state brain donor registry under
53 section forty-three hundred eleven of the public health law with the
54 following stated on the application in clear and conspicuous type:
A. 5343 4
1 "You must fill out the following section: Would you like to be added
2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
3 tion'.
4 You must fill out the following section: Would you like to be added to
5 the New York State Brain Donor Registry? Check box for 'yes' or 'skip
6 this question'."
7 The commissioner of the department of health shall not maintain
8 records of any person who checks "skip this question". Failure to check
9 a box shall not impair the validity of an application, and failure to
10 check "yes" or checking "skip this question" shall not be construed to
11 imply a wish not to donate. In the case of an applicant under eighteen
12 years of age, checking "yes" shall not constitute consent to make an
13 anatomical gift or registration in the donate life registry or the New
14 York state brain donor registry. Where an applicant has previously
15 consented to make an anatomical gift or registered in the donate life
16 registry or the New York state brain donor registry, checking "skip this
17 question" or failing to check a box shall not impair that consent or
18 registration. In addition, the commissioner also shall require that
19 space shall be provided on the application so that the applicant may
20 request a notation upon such license that he or she is a veteran of the
21 United States armed forces. In addition, an applicant for a commercial
22 driver's license who will operate a commercial motor vehicle in inter-
23 state commerce shall certify that such applicant meets the requirements
24 to operate a commercial motor vehicle, as set forth in public law
25 99-570, title XII, and title 49 of the code of federal regulations, and
26 all regulations promulgated by the United States secretary of transpor-
27 tation under the hazardous materials transportation act. In addition, an
28 applicant for a commercial driver's license shall submit a medical
29 certificate at such intervals as required by the federal motor carrier
30 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
31 code of federal regulations relating to medical certification and in a
32 manner prescribed by the commissioner. For purposes of this section and
33 sections five hundred three, five hundred ten-a, and five hundred ten-aa
34 of this title, the terms "medical certificate" and "medical certif-
35 ication" shall mean a form substantially in compliance with the form set
36 forth in Part 391.43(h) of title 49 of the code of federal regulations.
37 Upon a determination that the holder of a commercial driver's license
38 has made any false statement, with respect to the application for such
39 license, the commissioner shall revoke such license.
40 § 6. Subdivision 1 of section 502 of the vehicle and traffic law, as
41 added by section five of this act, is amended to read as follows:
42 1. Application for license. Application for a driver's license shall
43 be made to the commissioner. The fee prescribed by law may be submitted
44 with such application. The applicant shall furnish such proof of identi-
45 ty, age, and fitness as may be required by the commissioner. The
46 commissioner may also provide that the application procedure shall
47 include the taking of a photo image or images of the applicant in
48 accordance with rules and regulations prescribed by the commissioner. In
49 addition, the commissioner also shall require that the applicant provide
50 his or her social security number and [shall] provide space on the
51 application so that the applicant may register in the New York state
52 organ and tissue donor registry under section forty-three hundred ten of
53 the public health law or the New York state brain donor registry under
54 section forty-three hundred eleven of the public health law [with the
55 following stated on the application in clear and conspicuous type:
A. 5343 5
1 "You must fill out the following section: Would you like to be added
2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
3 tion'.
4 You must fill out the following section: Would you like to be added to
5 the New York State Brain Donor Registry? Check box for 'yes' or 'skip
6 this question'.
7 The commissioner of the department of health shall not maintain
8 records of any person who checks "skip this question". Failure to check
9 a box shall not impair the validity of an application, and failure to
10 check "yes" or checking "skip this question" shall not be construed to
11 imply a wish not to donate. In the case of an applicant under eighteen
12 years of age, checking "yes" shall not constitute consent to make an
13 anatomical gift or registration in the donate life registry or the New
14 York state brain donor registry. Where an applicant has previously
15 consented to make an anatomical gift or registered in the donate life
16 registry or the New York state brain donor registry, checking "skip this
17 question" or failing to check a box shall not impair that consent or
18 registration]. In addition, the commissioner also shall require that
19 space shall be provided on the application so that the applicant may
20 request a notation upon such license that he or she is a veteran of the
21 United States armed forces. In addition, an applicant for a commercial
22 driver's license who will operate a commercial motor vehicle in inter-
23 state commerce shall certify that such applicant meets the requirements
24 to operate a commercial motor vehicle, as set forth in public law
25 99-570, title XII, and title 49 of the code of federal regulations, and
26 all regulations promulgated by the United States secretary of transpor-
27 tation under the hazardous materials transportation act. In addition, an
28 applicant for a commercial driver's license shall submit a medical
29 certificate at such intervals as required by the federal motor carrier
30 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
31 code of federal regulations relating to medical certification and in a
32 manner prescribed by the commissioner. For purposes of this section and
33 sections five hundred three, five hundred ten-a, and five hundred ten-aa
34 of this title, the terms "medical certificate" and "medical certif-
35 ication" shall mean a form substantially in compliance with the form set
36 in Part 391.43(h) of title 49 of the code of federal regulations. Upon a
37 determination that the holder of a commercial driver's license has made
38 any false statement, with respect to the application for such license,
39 the commissioner shall revoke such license.
40 § 7. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
41 traffic law, as separately amended by chapters 568 and 639 of the laws
42 of 2006, is amended to read as follows:
43 (a) Every license or renewal thereof shall contain a distinguishing
44 mark and adequate space upon which the licensee may record the donation
45 of an anatomical gift of their organ, tissue or brain, pursuant to
46 [section] sections forty-three hundred ten and forty-three hundred elev-
47 en of the public health law, [by the licensee shall be recorded] and
48 shall contain such other information and shall be issued in such form as
49 the commissioner shall determine; provided, however, every license or
50 renewal thereof issued to a person under the age of twenty-one years
51 shall have prominently imprinted upon it the statement "UNDER 21 YEARS
52 OF AGE" in notably distinctive print or format; provided further, howev-
53 er, every license or renewal thereof issued to a person making an
54 anatomical gift shall have prominently printed upon the front of such
55 license or renewal thereof the statement "ORGAN DONOR" or "BRAIN DONOR"
56 in notably distinctive print or format. The commissioner shall not
A. 5343 6
1 require fees for the issuance of such licenses or renewals thereof to
2 persons under twenty-one years of age or to persons making an anatomical
3 gift which are different from the fees required for the issuance of
4 licenses or renewals thereof to persons twenty-one years of age or over
5 or to persons not making an anatomical gift.
6 § 8. This act shall take effect on the thirtieth day after it shall
7 have become a law; provided however, that section six of this act shall
8 take effect on October 3, 2016.
