Authorizes 15-17 year olds to register to donate organs and tissue upon their death; provides that parents or a legal guardian shall be notified and can rescind such decision to donate organs or tissue at the time of death; requires that the parent or legal guardian sign the registration along with the 15-17 year old and that such registration may be submitted by mail, in person, or electronically.
STATE OF NEW YORK
________________________________________________________________________
1181
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
___________
Introduced by Sen. LATIMER -- 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 authorizing people
between the ages of fifteen and seventeen to register to be organ and
tissue donors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 4301 of the public health law, as
2 amended by chapter 348 of the laws of 2009, is amended to read as
3 follows:
4 1. (a) Any individual of sound mind and eighteen years of age or more
5 may give all or any part of his or her body for any purpose specified in
6 section forty-three hundred two of this article, the gift to take effect
7 upon death. In any case where the donor has properly executed an organ
8 donor card, driver's license authorization to make an anatomical gift,
9 pursuant to paragraph (a) of subdivision one of section five hundred
10 four of the vehicle and traffic law, registered in the New York state
11 organ and tissue donor registry under section forty-three hundred ten of
12 this article, or has otherwise given written authorization for organ or
13 tissue donation, authorization for donation shall not be rescinded by an
14 objection by a member of any of the classes specified in paragraphs (a)
15 through (h) of subdivision two of this section, except upon a showing
16 that the donor revoked the authorization.
17 (b) Any individual of sound mind and fifteen years of age or more, but
18 less than eighteen years of age, may give all or any part of his or her
19 body for any purpose specified in section forty-three hundred two of
20 this article, the gift to take effect upon death; provided, however,
21 that even in any case where the donor has properly executed an organ
22 donor card, driver's license authorization to make an anatomical gift,
23 pursuant to paragraph (a) of subdivision one of section five hundred
24 four of the vehicle and traffic law, or has otherwise given written
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03736-01-5
S. 1181 2
1 authorization for organ or tissue donation, if at time of death the
2 donor is less than eighteen years of age, the parents or legal guardian
3 of the decedent at the time of his or her death shall be notified prior
4 to the removal of any organ for donation and the authorization for
5 donation may be rescinded by a rejection by either parent or the legal
6 guardian of the decedent at such time.
7 § 2. Section 4310 of the public health law is amended by adding a new
8 subdivision 2-a to read as follows:
9 2-a. An individual fifteen years of age or more, but less than eigh-
10 teen years of age, who consents to make an anatomical gift may register
11 his or her consent by any of the methods provided in subdivision two of
12 this section, provided, however, that such registration shall also
13 require a signature by either parent or the legal guardian of the person
14 registering his or her consent. The department shall establish a form to
15 be available in schools, at the department of motor vehicles, and at the
16 department which shall enable an individual less than eighteen years of
17 age, to register his or her consent to make an anatomical gift and which
18 provides a signature line for the parent or legal guardian, in addition
19 to the signature line for the individual. The department and the depart-
20 ment of motor vehicles shall accept such registration of consent by
21 mail, in person, or by electronic submission.
22 § 3. This act shall take effect immediately.
