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-
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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.
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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.