-  This bill is not active in this session.
 

A00904 Summary:

BILL NOA00904A
 
SAME ASSAME AS S03910-A
 
SPONSORGottfried (MS)
 
COSPNSRBrodsky, Hoyt, Conte, Bing, Paulin, Jaffee, Brook-Krasny, Pheffer, Maisel, Schroeder, Fields, Millman, Bradley, John, Gunther, Cahill, Spano, Alfano, Kavanagh, Kellner, Dinowitz
 
MLTSPNSRBarra, Boyland, Cusick, DelMonte, Diaz, Galef, Glick, Jacobs, Koon, Lancman, Lifton, Lopez V, Lupardo, Magee, McEneny, Reilly, Robinson, Scarborough, Sweeney, Thiele, Titone
 
Amd SS4301, 4351, 2981 & 4201, Pub Health L
 
Sets forth an order of priority for organ donation including the person designated as the decedent's health care agent subject to a health proxy form, the person designated as the decedent's agent per a written statement and the domestic partner; defines domestic partner.
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A00904 Actions:

BILL NOA00904A
 
01/07/2009referred to health
04/07/2009reported
04/09/2009advanced to third reading cal.302
04/20/2009passed assembly
04/20/2009delivered to senate
04/20/2009REFERRED TO HEALTH
06/01/2009recalled from senate
06/01/2009RETURNED TO ASSEMBLY
06/01/2009vote reconsidered - restored to third reading
06/01/2009amended on third reading 904a
06/10/2009repassed assembly
06/10/2009returned to senate
06/11/2009COMMITTED TO RULES
07/16/2009SUBSTITUTED FOR S3910A
07/16/20093RD READING CAL.439
07/16/2009PASSED SENATE
07/16/2009RETURNED TO ASSEMBLY
08/14/2009delivered to governor
08/26/2009signed chap.348
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A00904 Floor Votes:

DATE:04/20/2009Assembly Vote  YEA/NAY: 142/0
Yes
Abbate
Yes
Canestrari
Yes
Fitzpatrick
Yes
Kellner
Yes
Oaks
Yes
Sayward
Yes
Alessi
Yes
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Castro
Yes
Galef
Yes
Koon
Yes
O'Mara
Yes
Schimel
Yes
Amedore
Yes
Christensen
Yes
Gantt
Yes
Lancman
Yes
Ortiz
Yes
Schimminger
ER
Arroyo
ER
Clark
Yes
Gianaris
Yes
Latimer
Yes
Parment
Yes
Schroeder
Yes
Aubry
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Paulin
Yes
Scozzafava
Yes
Bacalles
Yes
Conte
Yes
Glick
Yes
Lentol
Yes
Peoples
Yes
Seminerio
Yes
Ball
Yes
Cook
Yes
Gordon
Yes
Lifton
Yes
Peralta
Yes
Skartados
Yes
Barclay
Yes
Corwin
Yes
Gottfried
Yes
Lopez PD
Yes
Perry
Yes
Spano
Yes
Barra
Yes
Crouch
Yes
Greene
Yes
Lopez VJ
Yes
Pheffer
Yes
Stirpe
Yes
Barron
Yes
Cusick
Yes
Gunther
Yes
Lupardo
ER
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cymbrowitz
Yes
Hawley
Yes
Magee
Yes
Pretlow
Yes
Tedisco
Yes
Benjamin
Yes
DelMonte
Yes
Hayes
Yes
Magnarelli
Yes
Quinn
Yes
Thiele
Yes
Bing
Yes
DenDekker
Yes
Heastie
Yes
Maisel
Yes
Rabbitt
Yes
Titone
Yes
Boyland
Yes
Destito
Yes
Hevesi
Yes
Markey
Yes
Raia
Yes
Titus
Yes
Boyle
ER
Diaz
Yes
Hikind
Yes
Mayersohn
Yes
Ramos
Yes
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Towns
Yes
Brennan
Yes
Duprey
Yes
Hoyt
Yes
McEneny
Yes
Reilly
Yes
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
Yes
McKevitt
Yes
Rivera J
Yes
Walker
Yes
Brook Krasny
Yes
Englebright
ER
Jacobs
Yes
Meng
ER
Rivera N
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller
Yes
Rivera PM
Yes
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Molinaro
Yes
Rosenthal
Yes
Wright
ER
Calhoun
Yes
Fields
Yes
Jordan
Yes
Morelle
Yes
Russell
Yes
Zebrowski
ER
Camara
Yes
Finch
Yes
Kavanagh
Yes
Nolan
Yes
Saladino
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:06/10/2009Assembly Vote  YEA/NAY: 142/0
Yes
Abbate
Yes
Canestrari
Yes
Fitzpatrick
Yes
Kellner
Yes
Oaks
Yes
Sayward
Yes
Alessi
Yes
Carrozza
Yes
Gabryszak
Yes
Kolb
Yes
O'Donnell
Yes
Scarborough
Yes
Alfano
Yes
Castro
Yes
Galef
Yes
Koon
Yes
O'Mara
Yes
Schimel
Yes
Amedore
Yes
Christensen
Yes
Gantt
ER
Lancman
ER
Ortiz
Yes
Schimminger
ER
Arroyo
Yes
Clark
Yes
Gianaris
Yes
Latimer
Yes
Parment
Yes
Schroeder
Yes
Aubry
Yes
Colton
Yes
Gibson
Yes
Lavine
Yes
Paulin
Yes
Scozzafava
Yes
Bacalles
Yes
Conte
Yes
Giglio
Yes
Lentol
Yes
Peoples
Yes
Seminerio
Yes
Ball
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Peralta
Yes
Skartados
Yes
Barclay
Yes
Corwin
Yes
Gordon
Yes
Lopez PD
Yes
Perry
Yes
Spano
Yes
Barra
Yes
Crespo
Yes
Gottfried
Yes
Lopez VJ
Yes
Pheffer
Yes
Stirpe
Yes
Barron
Yes
Crouch
Yes
Gunther
Yes
Lupardo
Yes
Powell
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
Yes
Hawley
Yes
Magee
Yes
Pretlow
Yes
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Hayes
Yes
Magnarelli
Yes
Quinn
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Heastie
Yes
Maisel
Yes
Rabbitt
Yes
Titone
ER
Boyland
Yes
DenDekker
Yes
Hevesi
Yes
Markey
Yes
Raia
Yes
Titus
Yes
Boyle
Yes
Destito
Yes
Hikind
ER
Mayersohn
Yes
Ramos
Yes
Tobacco
Yes
Bradley
Yes
Dinowitz
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Towns
Yes
Brennan
Yes
Duprey
Yes
Hoyt
Yes
McEneny
Yes
Reilly
Yes
Townsend
Yes
Brodsky
Yes
Eddington
Yes
Hyer Spencer
ER
McKevitt
Yes
Rivera J
Yes
Walker
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
ER
Meng
Yes
Rivera N
Yes
Weinstein
Yes
Burling
Yes
Errigo
Yes
Jaffee
Yes
Miller
Yes
Rivera PM
Yes
Weisenberg
Yes
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Molinaro
Yes
Rosenthal
Yes
Wright
Yes
Calhoun
Yes
Fields
Yes
Jordan
Yes
Morelle
ER
Russell
Yes
Zebrowski
Yes
Camara
Yes
Finch
Yes
Kavanagh
Yes
Nolan
Yes
Saladino
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A00904 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A904A
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to revising the order of persons with priority for organ donation and consent for organ donations   PURPOSE OR GENERAL IDEA OF BILL: To update the priority list of individuals who may consent to organ and tissue donation.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends the list of people who may consent to organ donation by adding the patient's designated health care proxy agent or disposition- of-remains agent (if any), or domestic partner. The bill lists in order of priority: the person designated as the decedent's health care agent under Article 29-C of the Public Health Law; the person designated as the decedent's disposition of remains agent in a written instrument under Article 42 of the Public Health Law; spouse or domestic partner; son or daughter 18 years of age or older; either parent; sibling 18 years of age or older; guardian of the person of the decedent at the time of his or her death; any other person authorized or under obli- gation to dispose of the body. A health care proxy or control of remains written instrument may limit the authority of the agent or designated person. Defines "reasonably available" and "domestic partner." Clari- fies that the person who documents the making, amending or revoking of an anatomical gift may, reasonably and in good faith, accept such gift made by a person who represents that he or she is entitled to consent to the donation.   JUSTIFICATION: Article 43 of the Public Health Law identifies the individuals who may consent to organ and tissue donation. This bill aims to update the list by recognizing health care and disposition of remains agents, as well as domestic partners and enables individuals who have designated health care agents and/or written instruments designating disposition of remains agents to use those agents for this purpose. The provisions relating to domestic partners are modeled on Article 42 of the Public Health Law.   PRIOR LEGISLATIVE HISTORY: 2005-06: A.11760 - passed Assembly 2007-08: A.8391 - passed Assembly   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: 60 days after it becomes law.
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A00904 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         904--A
                                                                Cal. No. 302
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, BRODSKY, HOYT, CONTE, BING, PAULIN,
          JAFFEE, BROOK-KRASNY, PHEFFER,  MAISEL,  SCHROEDER,  FIELDS,  MILLMAN,
          BRADLEY,  JOHN,  GUNTHER,  CAHILL,  SPANO,  ALFANO, KAVANAGH, KELLNER,

          DINOWITZ -- Multi-Sponsored by -- M. of  A.  BARRA,  BOYLAND,  CUSICK,
          DelMONTE,  GALEF,  GLICK,  JACOBS,  KOON,  LANCMAN,  LIFTON, V. LOPEZ,
          LUPARDO,  MAGEE,  McENENY,  REILLY,  ROBINSON,  SCARBOROUGH,  SWEENEY,
          THIELE, TITONE -- read once and referred to the Committee on Health --
          passed  by  Assembly  and  delivered  to the Senate, recalled from the
          Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
          its place on the order of third reading
 
        AN ACT to amend the public health law, in relation to revising the order
          of  persons  with  priority  for  organ donation and consent for organ
          donations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 4301 of the public health law, as amended by chap-

     2  ter 62 of the laws of 1994 and subdivisions 1 and 3 as amended by  chap-
     3  ter 639 of the laws of 2006, is amended to read as follows:
     4    § 4301. Persons who may execute an anatomical gift.  1. Any individual
     5  of sound mind and eighteen years of age or more may give all or any part
     6  of  his  or her body for any purpose specified in section [four thousand
     7  three] forty-three hundred two of this article, the gift to take  effect
     8  upon  death.  In any case where the donor has properly executed an organ
     9  donor card, driver's license authorization to make an  anatomical  gift,
    10  pursuant  to  paragraph  (a)  of subdivision one of section five hundred
    11  four of the vehicle and traffic law, registered in the  New  York  state
    12  organ and tissue donor registry under section forty-three hundred ten of

    13  this  article, or has otherwise given written authorization for organ or
    14  tissue donation, authorization for donation shall not be rescinded by an
    15  objection by a member of any of the classes specified in paragraphs  (a)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00375-04-9

        A. 904--A                           2
 
     1  through  [(f)]  (h)  of  subdivision  two of this section, except upon a
     2  showing that the donor revoked the authorization.
     3    2. Any of the following persons, in the order of priority stated, may,
     4  when persons in prior classes are not reasonably available, willing, and

     5  able  to  act, at the time of death, and in the absence of actual notice
     6  of contrary indications by the decedent, or actual notice of  opposition
     7  by a member of the same class or prior class specified in paragraph (a),
     8  (b),  (c), (d) [or], (e), (f), (g) or (h) of this subdivision, or reason
     9  to believe that an anatomical gift is contrary to the  decedent's  reli-
    10  gious  or moral beliefs, give all or any part of the decedent's body for
    11  any purpose specified  in  section  [four  thousand  three]  forty-three
    12  hundred two of this article:
    13    (a)  the  person  designated as the decedent's health care agent under
    14  article twenty-nine-C of this chapter, subject to any written  statement
    15  in the health care proxy form,

    16    (b) the person designated as the decedent's agent in a written instru-
    17  ment  under  article  forty-two  of this chapter, subject to any written
    18  statement in the written instrument,
    19    (c) the spouse, if not legally separated  from  the  patient,  or  the
    20  domestic partner,
    21    [(b)] (d) a son or daughter eighteen years of age or older,
    22    [(c)] (e) either parent,
    23    [(d)] (f) a brother or sister eighteen years of age or older,
    24    [(e)]  (g) a guardian of the person of the decedent at the time of his
    25  death,
    26    [(f)] (h) any other person  authorized  or  under  the  obligation  to
    27  dispose of the body.

    28    3.    For  the  purposes of this section, "reasonably available" means
    29  that a person to be contacted can be contacted without undue effort  and
    30  willing  and  able  to  act  in a timely manner consistent with existing
    31  medical criteria necessary for the making of an anatomical gift.
    32    4. For the purposes of this section, "domestic partner" means a person
    33  who, with respect to another person:
    34    (a) is formally a party in a domestic partnership or similar relation-
    35  ship with the other person, entered into pursuant to  the  laws  of  the
    36  United States or any state, local or foreign jurisdiction, or registered
    37  as  the  domestic  partner of the person with any registry maintained by

    38  the employer of either party or  any  state,  municipality,  or  foreign
    39  jurisdiction; or
    40    (b)  is  formally  recognized as a beneficiary or covered person under
    41  the other person's employment benefits or health insurance; or
    42    (c) is dependent or mutually interdependent on the  other  person  for
    43  support,  as evidenced by the totality of the circumstances indicating a
    44  mutual intent to be domestic partners  including  but  not  limited  to:
    45  common  ownership  or joint leasing of real or personal property; common
    46  householding, shared income or  shared  expenses;  children  in  common;
    47  signs of intent to marry or become domestic partners under paragraph (a)
    48  or  (b)  of this subdivision; or the length of the personal relationship

    49  of the persons.
    50    Each party to a domestic partnership shall be  considered  to  be  the
    51  domestic  partner  of  the  other  party.  "Domestic  partner" shall not
    52  include a person who is related to the other person by blood in a manner
    53  that would bar marriage to the other person in New York state. "Domestic
    54  partner" shall also not include any person who  is  less  than  eighteen
    55  years  of  age or who is the adopted child of the other person or who is

        A. 904--A                           3
 
     1  related by blood in a manner that would bar marriage in New  York  state
     2  to a person who is the lawful spouse of the other person.
     3    5.  The  donee  shall  not accept the gift under the following circum-
     4  stances:

     5    (a) the donee has actual notice of contrary indication  by  the  dece-
     6  dent;
     7    (b)  where  the  donor  has not properly executed an organ donor card,
     8  driver's license authorization to make an anatomical gift,  pursuant  to
     9  paragraph  (a)  of  subdivision  one of section five hundred four of the
    10  vehicle and traffic law, registered in the  New  York  state  organ  and
    11  tissue  donor  registry  under  section  forty-three hundred ten of this
    12  article, or otherwise given written authorization for  organ  or  tissue
    13  donation, or has revoked any such authorization, and the gift is opposed
    14  by  a person or persons in the highest priority available of the classes
    15  specified in paragraph (a), (b), (c), (d) [or], (e), (f), (g) or (h)  of
    16  subdivision two of this section; or
    17    (c) the donee has reason to believe that an anatomical gift is contra-

    18  ry to the decedent's religious or moral beliefs.
    19    [4.]  6.  A  gift  of all or part of a body authorizes any examination
    20  necessary to assure medical  acceptability  of  gift  for  the  purposes
    21  intended.
    22    [5.]  7.  The rights of the donee created by the gift are paramount to
    23  the rights of others except as provided by section [four thousand three]
    24  forty-three hundred eight of this article.
    25    8. The person who documents the making, amending  or  revoking  of  an
    26  anatomical  gift, acting reasonably and in good faith in accordance with
    27  this article, may accept an anatomical gift under this article made by a
    28  person who represents that he or she  is  entitled  to  consent  to  the
    29  donation.

    30    § 2. Section 4351 of the public health law, as added by chapter 668 of
    31  the laws of 1997 and subdivision 4 as amended by chapter 639 of the laws
    32  of 2006, is amended to read as follows:
    33    § 4351. Duties of hospital administrators, organ procurement organiza-
    34  tions,  eye banks and tissue banks. 1. (a) When the death of a person in
    35  a hospital has occurred or is imminent, the hospital shall  contact  the
    36  federally  designated  organ procurement organization in order to make a
    37  preliminary determination of the suitability of  the  person  for  organ
    38  donation,  except  where  not required by paragraph (c) of this subdivi-
    39  sion.
    40    (b) Where contact with  the  federally  designated  organ  procurement
    41  organization  is not required under criteria developed regionally by the
    42  federally designated  organ  procurement  organization  subject  to  the

    43  approval  of such criteria by the department, the hospital shall contact
    44  the appropriate eye bank or tissue bank, except where  not  required  by
    45  paragraph (c) of this subdivision.
    46    (c)  The  federally  designated  organ  procurement  organization,  in
    47  consultation with the tissue procurement providers, may  issue  criteria
    48  under  which  a hospital shall not be required to make the contact under
    49  this subdivision.
    50    (d) All hospitals shall select at least one eye bank  or  tissue  bank
    51  for the procurement of tissue, as defined in section forty-three hundred
    52  sixty  of this chapter. A hospital shall notify the federally designated
    53  organ procurement organization  of  its  choice  of  tissue  procurement
    54  providers.  If  a hospital selects more than one eye bank or tissue bank
    55  as a procurement provider, it may specify a rotation  of  referrals  for
    56  purposes of tissue procurement.

        A. 904--A                           4
 
     1    2.  Where the federally designated organ procurement organization, eye
     2  bank or tissue bank is contacted, it shall,  in  consultation  with  the
     3  hospital,  after  appropriate medical screening (which may include sero-
     4  logical testing if applicable) determine suitability for organ, eye  and
     5  tissue  donation,  as  appropriate.  Where  a federally designated organ
     6  procurement organization is contacted, it shall contact the  appropriate
     7  eye  bank  or  tissue bank with respect to suitability for eye or tissue
     8  donation.
     9    3. If the federally designated  organ  procurement  organization,  eye
    10  bank  or  tissue  bank  determines  that  organ, eye or tissue donation,
    11  respectively, is not appropriate based on established medical  criteria,
    12  this  shall  be noted by hospital personnel on the patient's record, and

    13  no further action with respect to organ, eye or tissue donation, respec-
    14  tively, is necessary.
    15    4. Where a patient is a suitable candidate for organ,  eye  or  tissue
    16  donation  and where the patient has not properly executed an organ donor
    17  card, driver's license authorization to make an anatomical gift,  pursu-
    18  ant  to paragraph (a) of subdivision one of section five hundred four of
    19  the vehicle and traffic law, registered in the New York state organ  and
    20  tissue  registry under section forty-three hundred ten of this [article]
    21  chapter, or otherwise given written  authorization  for  organ,  eye  or
    22  tissue  donation,  the  hospital  or  its  designee shall cause a timely
    23  request to be made to any of the following persons, in order of priority
    24  stated, when persons in prior  classes  are  not  reasonably  available,

    25  willing, and able to act, and in the absence of actual notice of contra-
    26  ry  intentions  by  the  decedent,  or  actual notice of opposition by a
    27  person or persons in the highest priority available of the classes spec-
    28  ified in paragraph (a), (b), (c), (d), [or] (e),  (f)  or  (g)  of  this
    29  subdivision, or other reason to believe that an anatomic gift is contra-
    30  ry to the decedent's religious beliefs, to consent to the gift of all or
    31  any  part  of  the  decedent's body for any purpose specified in article
    32  forty-three of this chapter:
    33    (a) the person designated as the decedent's health  care  agent  under
    34  article  twenty-nine-C of this chapter, subject to any written statement
    35  in the health care proxy form;
    36    (b) the person designated as the decedent's agent in a written instru-

    37  ment under article forty-two of this chapter,  subject  to  any  written
    38  statement in the written instrument;
    39    (c)  the  spouse,  if  not  legally separated from the patient, or the
    40  domestic partner;
    41    [(b)] (d) a son or daughter eighteen years of age or older;
    42    [(c)] (e) either parent;
    43    [(d)] (f) a brother or sister eighteen years of age or older;
    44    [(e)] (g) a guardian of the person of the decedent at the time of  his
    45  or her death.
    46    5.    For  the  purposes of this section, "reasonably available" means
    47  that a person to be contacted can be contacted without undue effort  and
    48  willing  and  able  to  act  in a timely manner consistent with existing

    49  medical criteria necessary for the making of an anatomical gift.
    50    6. For the purposes of this section, "domestic partner" means a person
    51  who, with respect to another person:
    52    (a) is formally a party in a domestic partnership or similar relation-
    53  ship with the other person, entered into pursuant to  the  laws  of  the
    54  United States or any state, local or foreign jurisdiction, or registered
    55  as  the  domestic  partner of the person with any registry maintained by

        A. 904--A                           5
 
     1  the employer of either party or  any  state,  municipality,  or  foreign
     2  jurisdiction; or
     3    (b)  is  formally  recognized as a beneficiary or covered person under

     4  the other person's employment benefits or health insurance; or
     5    (c) is dependent or mutually interdependent on the  other  person  for
     6  support,  as evidenced by the totality of the circumstances indicating a
     7  mutual intent to be domestic partners  including  but  not  limited  to:
     8  common  ownership  or joint leasing of real or personal property; common
     9  householding, shared income or  shared  expenses;  children  in  common;
    10  signs of intent to marry or become domestic partners under paragraph (a)
    11  or  (b)  of this subdivision; or the length of the personal relationship
    12  of the persons.
    13    Each party to a domestic partnership shall be  considered  to  be  the
    14  domestic  partner  of  the  other  party.  "Domestic  partner" shall not

    15  include a person who is related to the other person by blood in a manner
    16  that would bar marriage to the other person in New York state. "Domestic
    17  partner" shall also not include any person who  is  less  than  eighteen
    18  years  of  age or who is the adopted child of the other person or who is
    19  related by blood in a manner that would bar marriage in New  York  state
    20  to a person who is the lawful spouse of the other person.
    21    7. The person initiating the request shall be designated by a hospital
    22  and  shall  be a representative of a federally designated organ procure-
    23  ment organization, eye bank, tissue bank, or a designated requestor.  As
    24  used  in  this  section a "designated requestor" shall mean a person who
    25  has completed a course provided by a federally designated organ procure-

    26  ment organization, eye bank or tissue bank, whichever is applicable,  on
    27  how  to  approach  potential  donor  families and request organ, eye, or
    28  tissue donation.
    29    [6.] 8. Any employee or agent of a federally designated organ procure-
    30  ment organization, eye bank or  tissue  bank  acting  pursuant  to  this
    31  section  shall  be  held to the same standard of confidentiality as that
    32  imposed on employees of the hospital.
    33    [7.] 9. The person who documents the making, amending or  revoking  of
    34  an  anatomical  gift,  acting reasonably and in good faith in accordance
    35  with this article, may accept an anatomical gift under this article made
    36  by a person who represents that he or she is entitled to consent to  the
    37  donation.

    38    10. The provisions of subdivision three of section forty-three hundred
    39  six of this chapter shall apply to this section. To the extent permissi-
    40  ble  under  such subdivision, any person or organization acting pursuant
    41  to this section, shall be  legally  responsible  for  any  negligent  or
    42  intentional act or omission committed by such entity or its employees or
    43  agents.
    44    [8.]  11. A gift made pursuant to the request required by this section
    45  shall be executed pursuant to applicable provisions  of  article  forty-
    46  three of this chapter.
    47    [9.]  12.  The commissioner shall establish regulations concerning the
    48  training of persons who may be designated to perform  the  request,  and
    49  the procedures to be employed in making it.

    50    [10.] 13. The commissioner shall establish such additional regulations
    51  as are necessary for the implementation of this section.
    52    §  3.  Paragraph  (f)  of  subdivision 5 of section 2981 of the public
    53  health law, as added by chapter 540 of the laws of 2000, is  amended  to
    54  read as follows:
    55    (f)  A  health  care  proxy  may  include  the  principal's  wishes or
    56  instructions regarding organ and  tissue  donation  and  may  limit  the

        A. 904--A                           6
 
     1  health  care agent's authority to consent to organ or tissue donation or
     2  designate another person to do so, under  article  forty-three  of  this
     3  chapter.  Failure to state wishes or instructions shall not be construed
     4  to imply a wish not to donate.

     5    §  4. Section 4201 of the public health law is amended by adding a new
     6  subdivision 4-a to read as follows:
     7    4-a. A written instrument under this section may limit the disposition
     8  of remains agent's authority to consent to organ or tissue  donation  or
     9  designate  another  person  to  do so, under article forty-three of this
    10  chapter. Failure to state wishes or instructions shall not be  construed
    11  to imply a wish not to donate.
    12    §  5.  This  act shall take effect on  the sixtieth day after it shall
    13  have become a law.
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