senate Bill S2052A

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:
A9203A
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:S2052A

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 age of fifteen or more but less
than eighteen years of age, 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 fifteen years of age or more, but less than eighteen
years of age, 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 cannot 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced by Sens. LATIMER, BRESLIN, DILAN, MONTGOMERY, SAMPSON, SERRA-
  NO -- read twice and ordered printed, and when printed to be committed
  to  the  Committee on Health -- recommitted to the Committee on Health
  in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 FIFTEEN YEARS OF AGE OR MORE, BUT
LESS THAN EIGHTEEN YEARS OF AGE, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06264-03-4

S. 2052--A                          2

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 TISSUE DONATION, IF  AT  TIME  OF  DEATH  THE
DONOR  IS LESS THAN EIGHTEEN YEARS OF AGE, THE PARENTS OR LEGAL GUARDIAN
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 DECEDENT AT SUCH TIME.
  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 FIFTEEN YEARS OF AGE OR MORE, BUT LESS  THAN  EIGH-
TEEN  YEARS OF AGE, 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 LESS THAN EIGHTEEN YEARS  OF
AGE, 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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