senate Bill S2052

Amended

Authorizes 15-17 year olds to register to donate organs and tissue upon their death

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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

  • 10 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 09 / May / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 09 / May / 2014
    • PRINT NUMBER 2052A

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A9203
Versions:
S2052
S2052A
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§4301 & 4310, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S7457, A8860, S7457

Sponsor Memo

BILL NUMBER:S2052

TITLE OF BILL:
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

PURPOSE:
The New York State Public Health law does not provide a mechanism for
people under the age of 18 years of age to register in the Donate
Life Registry however this legislation will amend the current law to
do so.

SUMMARY OF PROVISIONS:

Section (1) Subdivision 1 of section 4301 of the public health law, as
amended by chapter 348 of the laws of 2009, is amended to read as
follows:

(b) Any individual of sound mind and between the ages of fifteen and
seventeen may give all or any part of his or her body for any purpose
specified in section forty-three hundred two of this article, the
gift to take effect upon death. Provided, however, that even in any
case where the donor has properly executed an organ donor card,
driver's license authorization to make an anatomical gift, pursuant
to paragraph

(a) of subdivision one of section five hundred four of the vehicle and
traffic law, registered in the New York State organ and tissue donor
registry under section forty-three hundred ten of this article, or
has otherwise given written authorization for organ or tissue
donation, authorization for donation may be rescinded by a rejection
by either parent or legal guardian of the person of the decedent at
the time of his or her death.

§ 2. Section 4310 of the public health law is amended by adding a new
subdivision 2-a to read as follows:

2-a An individual between the ages of fifteen and seventeen who
consents to make an anatomical gift may register his or her consent
by any of the methods provided in subdivision two of this section,
provided however, that such registration shall also require a
signature by either parent or the legal guardian of the person
registering his or her consent. The department shall establish a
form to be available in schools, at the department of motor vehicle,
and at the department which shall enable an individual between the
ages of fifteen and seventeen to register his or her consent to make
an anatomical gift and which provides a signature line for the parent
or legal guardian, in addition to the signature line for the
individual, The department and the department of motor vehicles shall

accept such registration of consent by mail, in person, or by
electronic submission.

EXISTING LAW:

§ 4301. Persons who may execute an anatomical gift. 1. Any individual
of sound mind and eighteen years of age or more may give all or any
part of his or her body for any purpose specified in section
forty-three hundred two of this article, the gift to take effect upon
death. In any case where the donor has properly executed an organ
donor card, driver's license authorization to make an anatomical
gift, pursuant to paragraph

§ 2. Section 4310 of the public health law is amended by adding a new
subdivision 2-a as shown above

JUSTIFICATION:
The New York State Public Health law currently does not provide a
mechanism for people less than 18 years of age to register in the
Donate Life Registry. Without this mechanism young people wishing to
participate in the donor program are left with no choice but to be
excluded. This is unfortunate considering the much needed organ
donors and those people on the waiting on list for an organ or tissue
transplant. At times many of these people sit on lists for extended
periods of time. Although an untimely death of a young person is
tragic to say the least, sitting on that waiting list reduces the
quality of life for that individual. We as members of a great society
must always search for ways to help better the lives of our
neighbors. This legislation once passed will amend the current law to
allow a person under the age of 18 an opportunity to show his/her
intent, in the event of an untimely death, by being allowed to
register with the Donate Life Registry. Registering will not however
take away parent's rights in the event of that child's death prior to
age 18. If that child should meet an unfortunate death, the parent
will still have the option to refuse removal of any organ, tissue or
fluid from the child's body.

A person between the ages of 15-17 years old can not register in the
Donate Life Registry using the intent for the purpose of donating
organs in the event of his/her death.

Anyone wishing to register in the Donate of Life Registry will be
allowed to do so by going to the local Department of Motor Vehicles
and filling out a donor's card. This person must provide proof of age
by showing a birth certificate, an ID provided by the local policing
agency indicating the age of the person or a valid driver's license.
That person will then be entered into the Donor of Life Registry. The
next time this individual gets or renews a driver license a symbol of
a heart will appear on his/her license to identify that person as a
donor. If a person does not possess a driver's license, he/she will
receive a donor card which indicates this individual as a donor.

LEGISLATIVE HISTORY:
2011-12: S7457 (BONACIC) - REPORTED AND COMMITTED TO RULES
2011-12: A8860 (Latimer) - Referred to Codes

FISCAL IMPLICATIONS: Minimal but to be determined

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act will take effect immediately after passage by the Assembly
the Senate and signed by the Governor.

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

                                  2052

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

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:

  Section 1.  Subdivision 1 of section 4301 of the public health law, as
amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  (A) Any individual of sound mind and eighteen years of age or more
may give all or any part of his or her body for any purpose specified in
section forty-three hundred two of this article, the gift to take effect
upon death. In any case where the donor has properly executed  an  organ
donor  card,  driver's license authorization to make an anatomical gift,
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
four  of  the  vehicle and traffic law, registered in the New York state
organ and tissue donor registry under section forty-three hundred ten of
this article, or has otherwise given written authorization for organ  or
tissue donation, authorization for donation shall not be rescinded by an
objection  by a member of any of the classes specified in paragraphs (a)
through (h) of subdivision two of this section, except  upon  a  showing
that the donor revoked the authorization.
  (B)  ANY  INDIVIDUAL OF SOUND MIND AND BETWEEN THE AGES OF FIFTEEN AND
SEVENTEEN MAY GIVE ALL OR ANY PART OF HIS OR HER BODY  FOR  ANY  PURPOSE
SPECIFIED  IN  SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE, THE GIFT
TO TAKE EFFECT UPON DEATH; PROVIDED, HOWEVER,  THAT  EVEN  IN  ANY  CASE
WHERE  THE  DONOR  HAS  PROPERLY  EXECUTED AN ORGAN DONOR CARD, DRIVER'S
LICENSE AUTHORIZATION TO MAKE AN ANATOMICAL GIFT, PURSUANT TO  PARAGRAPH
(A)  OF  SUBDIVISION ONE OF SECTION FIVE HUNDRED FOUR OF THE VEHICLE AND
TRAFFIC LAW, OR HAS OTHERWISE GIVEN WRITTEN AUTHORIZATION FOR  ORGAN  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06264-01-3

S. 2052                             2

TISSUE  DONATION,  THE  PARENTS  OR  LEGAL GUARDIAN OF THE PERSON OF THE
DECEDENT AT THE TIME OF HIS OR HER DEATH SHALL BE NOTIFIED PRIOR TO  THE
REMOVAL OF ANY ORGAN FOR DONATION AND THE AUTHORIZATION FOR DONATION MAY
BE  RESCINDED  BY  A REJECTION BY EITHER PARENT OR THE LEGAL GUARDIAN OF
THE PERSON OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH.
  S 2. Section 4310 of the public health law is amended by adding a  new
subdivision 2-a to read as follows:
  2-A.  AN  INDIVIDUAL  BETWEEN  THE  AGES  OF FIFTEEN AND SEVENTEEN WHO
CONSENTS TO MAKE AN ANATOMICAL GIFT MAY REGISTER HIS OR HER  CONSENT  BY
ANY  OF  THE  METHODS  PROVIDED  IN  SUBDIVISION  TWO  OF  THIS SECTION,
PROVIDED, HOWEVER, THAT SUCH REGISTRATION SHALL ALSO REQUIRE A SIGNATURE
BY EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON REGISTERING HIS  OR
HER  CONSENT.  THE  DEPARTMENT SHALL ESTABLISH A FORM TO BE AVAILABLE IN
SCHOOLS, AT THE DEPARTMENT OF MOTOR  VEHICLES,  AND  AT  THE  DEPARTMENT
WHICH  SHALL ENABLE AN INDIVIDUAL BETWEEN THE AGES OF FIFTEEN AND SEVEN-
TEEN TO REGISTER HIS OR HER CONSENT TO MAKE AN ANATOMICAL GIFT AND WHICH
PROVIDES A SIGNATURE LINE FOR THE PARENT OR LEGAL GUARDIAN, IN  ADDITION
TO THE SIGNATURE LINE FOR THE INDIVIDUAL. THE DEPARTMENT AND THE DEPART-
MENT  OF  MOTOR  VEHICLES  SHALL  ACCEPT SUCH REGISTRATION OF CONSENT BY
MAIL, IN PERSON, OR BY ELECTRONIC SUBMISSION.
  S 3. This act shall take effect immediately.

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