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A09901 Summary:

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A09901 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9901
 
                   IN ASSEMBLY
 
                                     April 20, 2012
                                       ___________
 
        Introduced  by  M. of A. TITONE, GOTTFRIED -- (at request of the Depart-
          ment of Health) -- read once and referred to the Committee on Health
 
        AN ACT to amend the public health law and the state technology  law,  in
          relation to organ donation
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Subdivisions 1, 2 and 3  of  section  4310  of  the  public
     2  health  law, subdivision 1 as separately amended by chapters 639 and 640
     3  of the laws of 2006, subdivision 2 as amended by chapter 161 of the laws
     4  of 2010 and subdivision 3 as amended by chapter 639 of the laws of 2006,
     5  are amended to read as follows:
     6    1. The department shall establish an organ and tissue donor  registry,
     7  which shall be called and be referred to as the "donate life registry"[,
     8  which].  Such  registry  shall  contain a listing of all donors who have
     9  declared their consent to make an anatomical gift.
    10    2. Such registration of consent to make an anatomical gift can be made
    11  through (a) indication made on the application  or  renewal  form  of  a
    12  license,  (b) indication made on a non-driver identification card appli-

    13  cation or renewal form, (c) enrolling in the registry website maintained
    14  by the department, which  may  include  using  an  electronic  signature
    15  [under  regulations of the commissioner and] subject to article three of
    16  the state technology law, (d) indication made on  a  voter  registration
    17  form  pursuant to subdivision five of section 5-210 of the election law,
    18  or (e) through any other method  identified  by  the  commissioner.  The
    19  registration  shall  take effect upon the [department sending] provision
    20  of written or electronic  notice  of  the  registration  to  the  person
    21  enrolling in the registry. [In making regulations on using an electronic
    22  signature  for a registration of consent, the commissioner shall consult
    23  with the director of the office of technology.]

    24    3. (a) Information contained in the registry shall  be  accessible  to
    25  (i) federally [regulated] designated organ procurement [agencies] organ-
    26  izations,  (ii) eye and tissue banks licensed by the department pursuant
    27  to article forty-three-B of this chapter, and  (iii)  any  other  entity
    28  formally approved by the commissioner.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14752-03-2
        A. 9901                             2
 
     1    (b) The information contained in the registry shall not be released to
     2  any person except as expressly authorized by this section solely for the

     3  purpose  of identifying potential organ and tissue donors at or near the
     4  time of death.
     5    §  2.  Subdivision  1  of  section 307 of the state technology law, as
     6  amended by chapter 161 of the laws  of  2010,  is  amended  to  read  as
     7  follows:
     8    1.  To  any  document providing for the disposition of an individual's
     9  person or property upon death or incompetence, or appointing a fiduciary
    10  of an individual's person or property,  including,  without  limitation,
    11  wills, trusts, decisions consenting to orders not to resuscitate, powers
    12  of attorney and health care proxies, with the exception of: (a) contrac-
    13  tual  beneficiary  designations;  and  (b)  the  registration of making,
    14  amending, or revoking  an  anatomical  gift  under  section  forty-three
    15  hundred  ten  of  the  public  health  law [under regulations under that

    16  section].
    17    § 3. This act shall take effect immediately.