senate Bill S7103A

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 Status


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

  • 27 / Apr / 2012
    • REFERRED TO HEALTH
  • 22 / May / 2012
    • 1ST REPORT CAL.876
  • 23 / May / 2012
    • 2ND REPORT CAL.
  • 30 / May / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING (T) 7103A
  • 20 / Jun / 2012
    • SUBSTITUTED BY A10039B

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 Assembly Version of this Bill:
A10039B
Versions:
S7103
S7103A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §4310 & 4303, Pub Health L; amd §§490 & 502, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
A10039B

Sponsor Memo

BILL NUMBER:S7103A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this
legislation is to
change existing law so that individuals who apply for a New York
State Drivers License must complete the section of the application as
it pertains to the organ donor registry. The applicant must check the
box for either "yes" or "skip this question" under the organ donor
registry section of the application.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The act shall be cited as "Lauren's Law."

Section 2. The bill amends the public health law to require the
commissioner to ensure that there is space provided on any consent
application, such as but not limited to, an application or renewal
form of a license, non-driver identification card application or
renewal form to register or decline registration in the donate life
registry. On the application, in clear and conspicuous writing, an
individual would be required to check either "yes" or "skip this
question" when answering the question "Would you like to be added to
the Donate life registry?"

The bill also provides that the commissioner does not have to maintain
records of any person who checks "skip this question." Failure to
check a. box will not impair the validity of the application and
failure to check"yes" or checking "skip this question" will not be
interpreted as a wish not to donate.

Sections 3 Amends the public health law requiring that when an
anatomical gift is made, the donor shall indicate that the donor has
no knowledge of contrary intentions by the decedent and is not
contrary to the decedents religious beliefs.

Section 4 and 5 Amends the vehicle and traffic law to allow on the
application for a driver's license or learner's permit in clear and
conspicuous writing, an individual would be required to check either
"yes" or "skip this question" when answering the question "Would you
like to be added to the Donate life registry?"

JUSTIFICATION:
According to the New York State Organ Donor Network,
New York State currently has the lowest Donor Designation Rate (DDR)
in the United States. In total, only 11% of eligible donors are
currently enrolled in The New York State Organ and Tissue Registry.


This number starkly Contrasts to the national average of 43%. In some
states, such as Utah and Iowa, the DDR ranges between 65-70%. This
bill will create a new model for organ and tissue donation that is
aimed at significantly increasing that percentage while taking into
consideration all of the individual rights of persons to decline
enrollment into the program.

PRIOR LEGISLATIVE HISTORY:
Similar to S.3885-A which passed the Senate in 2011.
2011: A.10039: Passed Assembly Health

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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 respective
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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7103--A
    Cal. No. 876

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by  Sens. CARLUCCI, GRISANTI, KLEIN, SAVINO, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health -- reported favorably from said committee, ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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.
                                                           LBD13875-14-2

S. 7103--A                          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.

S. 7103--A                          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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