assembly Bill A10039B

Signed by Governor

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications

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ORTIZ

Co-Sponsors

Multi-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 02 / May / 2012
    • REFERRED TO HEALTH
  • 31 / May / 2012
    • REPORTED REFERRED TO CODES
  • 15 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 15 / Jun / 2012
    • PRINT NUMBER 10039A
  • 16 / Jun / 2012
    • AMEND AND RECOMMIT TO CODES
  • 16 / Jun / 2012
    • PRINT NUMBER 10039B
  • 18 / Jun / 2012
    • REPORTED REFERRED TO RULES
  • 19 / Jun / 2012
    • REPORTED
  • 19 / Jun / 2012
    • RULES REPORT CAL.393
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.393
  • 19 / Jun / 2012
    • PASSED ASSEMBLY
  • 19 / Jun / 2012
    • DELIVERED TO SENATE
  • 19 / Jun / 2012
    • REFERRED TO RULES
  • 20 / Jun / 2012
    • SUBSTITUTED FOR S7103A
  • 20 / Jun / 2012
    • 3RD READING CAL.876
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 21 / Sep / 2012
    • DELIVERED TO GOVERNOR
  • 03 / Oct / 2012
    • SIGNED CHAP.465

Summary

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications.

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Bill Details

See Senate Version of this Bill:
S7103A
Versions:
A10039
A10039A
A10039B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §§4310 & 4303, Pub Health L; amd §§490 & 502, V & T L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10039--B

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced  by  M.  of A. ORTIZ, GALEF -- Multi-Sponsored by -- M. of A.
  SAYWARD -- read once and  referred  to  the  Committee  on  Health  --
  reported   and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the public health law and the vehicle and traffic law,
  in relation to establishing Lauren's law; and providing for the repeal
  of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Lauren's law".
  S 2. Subdivision 2 of section  4310  of  the  public  health  law,  as
amended  by  chapter  161  of  the  laws  of 2010, is amended to read as
follows:
  2. Such registration of consent to make an anatomical gift can be made
through (a) indication made on the application  or  renewal  form  of  a
license,  (b) indication made on a non-driver identification card appli-
cation or renewal form, (c) enrolling in the registry website maintained
by the department, which may include using an electronic signature under
regulations of the commissioner and subject  to  article  three  of  the
state  technology  law, (d) indication made on a voter registration form
pursuant to subdivision five of section 5-210 of the  election  law,  or
(e)  through  any  other  method  identified  by the commissioner. WHERE
REQUIRED BY LAW FOR CONSENT FORMS DESCRIBED IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE THAT SPACE  IS  PROVIDED
ON  ANY  CONSENT  FORM  SO  THAT THE APPLICANT SHALL REGISTER OR DECLINE
REGISTRATION IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE  DONATIONS
UNDER THIS SECTION AND THAT THE FOLLOWING IS STATED ON THE FORM IN CLEAR
AND CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY?  CHECK BOX FOR 'YES' OR  'SKIP  THIS  QUES-
TION'."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13875-13-2

A. 10039--B                         2

  THE  COMMISSIONER  SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
"SKIP THIS QUESTION".   FAILURE TO CHECK A  BOX  SHALL  NOT  IMPAIR  THE
VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
THIS  QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
THE  CASE  OF  AN  APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES"
SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR  REGISTRATION
IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
TO  MAKE  AN  ANATOMICAL GIFT OR REGISTERED IN THE DONATE LIFE REGISTRY,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION. The registration shall  take  effect  upon
the  [department  sending]  PROVISION OF written OR ELECTRONIC notice of
the registration to the person enrolling  in  the  registry.  In  making
regulations  on  using  an  electronic  signature  for a registration of
consent, the commissioner shall consult with the director of the  office
[of] FOR technology.
  S  3. Subdivision 5 of section 4303 of the public health law, as added
by chapter 466 of the laws of 1970, is amended to read as follows:
  5. Any gift by a person designated in subdivision two of section  four
thousand three hundred one of this article shall be by a document signed
by him OR HER or made by his OR HER telegraphic, recorded telephonic, or
other  recorded  message.   WHERE A GIFT IS MADE UNDER THIS SUBDIVISION,
EITHER: (A) THE DONOR SHALL INDICATE IN THE DOCUMENT OR MESSAGE THAT  HE
OR  SHE HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT AND
NO REASON TO  BELIEVE  THAT  AN  ANATOMICAL  GIFT  IS  CONTRARY  TO  THE
DECEDENT'S  RELIGIOUS OR MORAL BELIEFS; OR (B) AN AGENT OF THE FEDERALLY
DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF  THE  DONEE  SHALL  MAKE
REASONABLE  EFFORT  TO  INQUIRE OF THE DONOR OR OTHERWISE DETERMINE THAT
THE DONOR HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY  THE  DECEDENT
AND  NO  REASON  TO  BELIEVE  THAT AN ANATOMICAL GIFT IS CONTRARY TO THE
DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
  S 4. Subdivision 2 of section 490 of the vehicle and traffic  law,  as
amended  by  chapter  575  of  the  laws  of 2006, is amended to read as
follows:
  2. Application. Any person to whom a  driver's  license  or  learner's
permit  has  not  been  issued  by  the  commissioner, or whose driver's
license or learner's permit is expired, suspended,  revoked  or  surren-
dered,  may  make application to the commissioner for the issuance of an
identification card.   THE  COMMISSIONER  SHALL  ENSURE  THAT  SPACE  IS
PROVIDED  ON  THE  APPLICATION  SO  THAT THE APPLICANT SHALL REGISTER OR
DECLINE REGISTRATION IN THE DONATE LIFE REGISTRY FOR  ORGAN  AND  TISSUE
DONATIONS  PURSUANT  TO  SECTION  FORTY-THREE  HUNDRED TEN OF THE PUBLIC
HEALTH LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN  CLEAR
AND CONSPICUOUS TYPE:
  "YOU  MUST  FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
TION'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION".  FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.

A. 10039--B                         3

  S  5.  Subdivision 1 of section 502 of the vehicle and traffic law, as
amended by section 1 of part D of chapter 58 of the  laws  of  2012,  is
amended to read as follows:
  1.  Application for license.  Application for a driver's license shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security  number  and  SHALL provide space on the application so
that the applicant may register in the New York state organ  and  tissue
donor  registry  under  section  forty-three  hundred  ten of the public
health law[.] WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR  AND
CONSPICUOUS TYPE:
  "YOU  MUST FILL OUT THE FOLLOWING SECTION:  WOULD YOU LIKE TO BE ADDED
TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES'  OR  'SKIP  THIS  QUES-
TION'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION".  FAILURE TO CHECK
A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO
IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT  UNDER  EIGHTEEN
YEARS  OF  AGE,  CHECKING  "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN
ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE  REGISTRY.  WHERE  AN
APPLICANT  HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS-
TERED IN THE DONATE LIFE REGISTRY,  CHECKING  "SKIP  THIS  QUESTION"  OR
FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. In
addition,  an applicant for a commercial driver's license who will oper-
ate a commercial motor vehicle in interstate commerce shall certify that
such applicant meets the requirements  to  operate  a  commercial  motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section  and  sections  five  hundred  three,  five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in  compliance  with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke  such
license.
  S  6. This act shall take effect one year after it shall have become a
law; provided that the commissioners of health and  motor  vehicles  may
implement  sections  two, four and five of this act within their respec-
tive jurisdictions before that date; and  provided,  further,  that  the
provisions  of  this act shall expire and be deemed repealed three years
after such effective date.

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