Senate Bill S4488

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

                                  4488

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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  creating  the
  anatomical  gift  act;  to amend the public health law and the vehicle
  and traffic law, in relation to making  certain  technical  amendments
  thereto;  and  to repeal articles 43 and 43-A of the public health law
  relating to anatomical gifts

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

  Section 1. This act shall be known and may be cited as the "Anatomical
Gift Act".
  S  2. Articles 43 and 43-A of the public health law are REPEALED and a
new article 43 is added to read as follows:
                               ARTICLE 43
                            ANATOMICAL GIFTS
SECTION 4300. DEFINITIONS.
        4301. APPLICATION.
        4302. PERSONS WHO MAY MAKE AN  ANATOMICAL  GIFT  BEFORE  DONOR'S
                DEATH.
        4303. MANNER OF MAKING AN ANATOMICAL GIFT BEFORE DONOR'S DEATH.
        4304. AMENDING  OR  REVOKING  AN  ANATOMICAL GIFT BEFORE DONOR'S
                DEATH.
        4305. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCA-
                TION.
        4306. PERSONS WHO MAKE AN ANATOMICAL GIFT OF A  DECEDENT'S  BODY
                OR PART.
        4307. MANNER  OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT
                OF A DECEDENT'S BODY OR PART.
        4308. PERSONS WHO MAY RECEIVE AN ANATOMICAL GIFT; PURPOSE OF  AN
                ANATOMICAL GIFT.
        4309. SEARCH AND NOTIFICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00378-02-9
              

S. 4488                             2

        4310. DELIVERY OF DOCUMENT OF GIFT; RIGHT TO EXAMINE.
        4311. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS.
        4312. COORDINATION OF PROCUREMENT AND USE.
        4313. SALE OR PURCHASE OF PARTS PROHIBITED.
        4314. OTHER PROHIBITED ACTS.
        4315. IMMUNITY.
        4316. LAW GOVERNING VALIDITY.
        4317. NEW YORK STATE DONATE LIFE REGISTRY.
        4318. EFFECT  OF  ANATOMICAL  GIFT ON ADVANCE HEALTH-CARE DIREC-
                TIVE.
        4319. COOPERATION BETWEEN THE CORONER OR  MEDICAL  EXAMINER  AND
                PROCUREMENT ORGANIZATION.
        4320. RELEASE OF RECORDS.
  S  4300.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ADULT" MEANS AN INDIVIDUAL WHO IS AT LEAST EIGHTEEN YEARS OF AGE.
  2. "AGENT" MEANS AN INDIVIDUAL:
  (A) AUTHORIZED TO MAKE HEALTH-CARE DECISIONS ON THE PRINCIPAL'S BEHALF
BY A POWER OF ATTORNEY FOR HEALTH CARE; OR
  (B) EXPRESSLY AUTHORIZED TO MAKE AN ANATOMICAL GIFT ON THE PRINCIPAL'S
BEHALF BY ANY OTHER RECORD SIGNED BY THE PRINCIPAL.
  3. "ANATOMICAL GIFT" MEANS A DONATION OF ALL OR PART OF A  HUMAN  BODY
TO  TAKE  EFFECT AFTER THE DONOR'S DEATH FOR THE PURPOSE OF TRANSPLANTA-
TION, THERAPY, RESEARCH, OR EDUCATION.
  4. "DECEDENT" MEANS A DECEASED INDIVIDUAL WHOSE BODY OR PART IS OR MAY
BE THE SOURCE OF AN ANATOMICAL  GIFT.  THE  TERM  INCLUDES  A  STILLBORN
INFANT AND A FETUS.
  5.  "DISINTERESTED  WITNESS"  MEANS  A  WITNESS OTHER THAN THE SPOUSE,
CHILD, PARENT, SIBLING, GRANDCHILD,  GRANDPARENT,  OR  GUARDIAN  OF  THE
INDIVIDUAL  WHO  MAKES, AMENDS OR REVOKES AN ANATOMICAL GIFT, OR ANOTHER
ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN  FOR  THE  INDIVIDUAL.  THE
TERM  DOES  NOT  INCLUDE A PERSON TO WHICH AN ANATOMICAL GIFT COULD PASS
UNDER SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE.
  6. "DOCUMENT OF GIFT" MEANS A DONOR CARD OR OTHER RECORD USED TO  MAKE
AN  ANATOMICAL  GIFT. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIV-
ER'S LICENSE, IDENTIFICATION CARD, OR DONOR REGISTRY.
  7. "DONOR" MEANS AN INDIVIDUAL WHOSE BODY OR PART IS THE SUBJECT OF AN
ANATOMICAL GIFT.
  8. "DONOR REGISTRY" MEANS A DATABASE THAT CONTAINS RECORDS OF  ANATOM-
ICAL GIFTS AND AMENDMENTS TO OR REVOCATIONS OF ANATOMICAL GIFTS.
  9.  "EYE  BANK"  MEANS A PERSON THAT IS LICENSED, ACCREDITED, OR REGU-
LATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE  RECOVERY,  SCREENING,
TESTING,  PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR PORTIONS
OF HUMAN EYES.
  10. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
  11. "HOSPITAL" MEANS A  HOSPITAL  LICENSED,  ACCREDITED,  OR  APPROVED
UNDER  THE  LAWS  OF  ANY  STATE AND INCLUDES A HOSPITAL OPERATED BY THE
UNITED STATES GOVERNMENT, A STATE, OR A  SUBDIVISION  THEREOF,  ALTHOUGH
NOT REQUIRED TO BE LICENSED UNDER STATE LAWS.
  12.  "IDENTIFICATION  CARD" MEANS AN IDENTIFICATION CARD ISSUED BY THE
DEPARTMENT OF MOTOR VEHICLES.
  13. "MINOR" MEANS AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE.

S. 4488                             3

  14. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
AS AN ORGAN PROCUREMENT ORGANIZATION.
  15. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
NATED.
  16.  "PART"  OF  A  BODY  MEANS AN ORGAN, AN EYE, OR TISSUE OF A HUMAN
BEING. THE TERM DOES NOT INCLUDE THE WHOLE  BODY,  AND  "PART"  INCLUDES
"PARTS".
  17. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST,   PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,  JOINT
VENTURE, PUBLIC CORPORATION,  GOVERNMENT  OR  GOVERNMENTAL  SUBDIVISION,
AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
  18. "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED OR AUTHORIZED TO PRACTICE
MEDICINE UNDER THE LAWS OF ANY STATE.
  19.  "PROCUREMENT  ORGANIZATION"  MEANS AN EYE BANK, ORGAN PROCUREMENT
ORGANIZATION, OR TISSUE BANK.
  20. "PROSPECTIVE DONOR" MEANS AN INDIVIDUAL WHO IS DEAD OR NEAR  DEATH
AND  HAS  BEEN  DETERMINED  BY A PROCUREMENT ORGANIZATION TO HAVE A PART
THAT COULD BE MEDICALLY SUITABLE FOR TRANSPLANTATION, THERAPY, RESEARCH,
OR EDUCATION.
  21. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A PROCUREMENT
ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
LY MANNER CONSISTENT WITH EXISTING MEDICAL CRITERIA  NECESSARY  FOR  THE
MAKING OF AN ANATOMICAL GIFT.
  22.  "RECIPIENT" MEANS AN INDIVIDUAL INTO WHOSE BODY A DECEDENT'S PART
HAS BEEN OR IS INTENDED TO BE TRANSPLANTED.
  23. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
  24.  "SIGN"  MEANS, WITH THE PRESENT INTENT TO AUTHENTICATE OR ADOPT A
RECORD:
  (A) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL; OR
  (B) TO ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN  ELECTRONIC
SYMBOL, SOUND, OR PROCESS.
  25. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  26. "TECHNICIAN" MEANS AN INDIVIDUAL DETERMINED  TO  BE  QUALIFIED  TO
REMOVE OR PROCESS PARTS BY AN APPROPRIATE ORGANIZATION THAT IS LICENSED,
ACCREDITED,  OR  REGULATED UNDER FEDERAL OR STATE LAW. THE TERM INCLUDES
AN ENUCLEATOR.
  27. "TISSUE" MEANS A PORTION OF THE HUMAN BODY OTHER THAN AN ORGAN  OR
AN EYE.  THE TERM DOES NOT INCLUDE BLOOD UNLESS THE BLOOD IS DONATED FOR
THE PURPOSE OF RESEARCH OR EDUCATION.
  28.  "TISSUE  BANK"  MEANS  A  PERSON THAT IS LICENSED, ACCREDITED, OR
REGULATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY,  SCREEN-
ING, TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF TISSUE.
  29. "TRANSPLANT HOSPITAL" MEANS A HOSPITAL THAT FURNISHES ORGAN TRANS-
PLANTS  AND  OTHER  MEDICAL AND SURGICAL SPECIALTY SERVICES REQUIRED FOR
THE CARE OF TRANSPLANT PATIENTS.
  S 4301. APPLICATION. 1. THIS ARTICLE APPLIES TO AN ANATOMICAL GIFT  OR
AMENDMENT  TO,  REVOCATION  OF,  OR  REFUSAL TO MAKE AN ANATOMICAL GIFT,
WHENEVER MADE.
  2. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE DEEMED TO SUPERSEDE  OR
AFFECT  THE  PROVISIONS  OF  THE PUBLIC HEALTH LAW RELATING TO THE FUNC-

S. 4488                             4

TIONS, POWERS AND DUTIES OF CORONERS, CORONER'S  PHYSICIANS  OR  MEDICAL
EXAMINERS.
  S  4302. PERSONS WHO MAY MAKE AN ANATOMICAL GIFT BEFORE DONOR'S DEATH.
PURSUANT TO SECTION FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, AN ANATOM-
ICAL GIFT OF A DONOR'S BODY OR PART MAY BE MADE DURING THE LIFE  OF  THE
DONOR  FOR  THE PURPOSE OF TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCA-
TION IN THE MANNER PROVIDED IN SECTION FORTY-THREE HUNDRED THREE OF THIS
ARTICLE BY:
  1. THE DONOR, IF THE DONOR IS AN ADULT OR IF THE DONOR IS A MINOR  AND
IS:
  (A) EMANCIPATED; OR
  (B) AUTHORIZED UNDER STATE LAW TO APPLY FOR A DRIVER'S LICENSE BECAUSE
THE DONOR IS AT LEAST SIXTEEN YEARS OF AGE;
  2. AN AGENT OF THE DONOR, UNLESS THE POWER OF ATTORNEY FOR HEALTH CARE
OR OTHER RECORD PROHIBITS THE AGENT FROM MAKING AN ANATOMICAL GIFT;
  3. A PARENT OF THE DONOR, IF THE DONOR IS AN UNEMANCIPATED MINOR; OR
  4. THE DONOR'S GUARDIAN.
  S 4303. MANNER OF MAKING AN ANATOMICAL GIFT BEFORE DONOR'S DEATH. 1. A
DONOR MAY MAKE AN ANATOMICAL GIFT:
  (A) BY AUTHORIZING A STATEMENT OR SYMBOL INDICATING THAT THE DONOR HAS
MADE  AN ANATOMICAL GIFT TO BE IMPRINTED ON THE DONOR'S DRIVER'S LICENSE
OR IDENTIFICATION CARD, PURSUANT TO SECTION FORTY-THREE  HUNDRED  SEVEN-
TEEN OF THIS ARTICLE;
  (B) IN A WILL;
  (C)  DURING  A TERMINAL ILLNESS OR INJURY OF THE DONOR, BY ANY FORM OF
COMMUNICATION ADDRESSED TO AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM  IS
A DISINTERESTED WITNESS; OR
  (D) AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
  2. A DONOR OR OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER
SECTION  FORTY-THREE  HUNDRED  TWO  OF THIS ARTICLE MAY MAKE A GIFT BY A
DONOR CARD OR OTHER RECORD SIGNED BY THE DONOR OR  OTHER  PERSON  MAKING
THE  GIFT  OR  BY AUTHORIZING THAT A STATEMENT OR SYMBOL INDICATING THAT
THE DONOR HAS MADE AN ANATOMICAL GIFT BE INCLUDED ON A  DONOR  REGISTRY.
IF  THE DONOR OR OTHER PERSON IS PHYSICALLY UNABLE TO SIGN A RECORD, THE
RECORD MAY BE SIGNED BY ANOTHER INDIVIDUAL AT THE DIRECTION OF THE DONOR
OR OTHER PERSON AND SHALL:
  (A) BE WITNESSED BY AT LEAST TWO ADULTS, AT LEAST ONE  OF  WHOM  IS  A
DISINTERESTED  WITNESS,  WHO  HAVE SIGNED AT THE REQUEST OF THE DONOR OR
THE OTHER PERSON; AND
  (B) STATE THAT IT HAS BEEN SIGNED AND WITNESSED AS PROVIDED  IN  PARA-
GRAPH (A) OF THIS SUBDIVISION.
  3.  REVOCATION,  SUSPENSION, EXPIRATION, OR CANCELLATION OF A DRIVER'S
LICENSE OR IDENTIFICATION CARD UPON WHICH AN ANATOMICAL  GIFT  IS  INDI-
CATED DOES NOT INVALIDATE THE GIFT.
  4. AN ANATOMICAL GIFT MADE BY WILL TAKES EFFECT UPON THE DONOR'S DEATH
WHETHER  OR NOT THE WILL IS PROBATED. INVALIDATION OF THE WILL AFTER THE
DONOR'S DEATH DOES NOT INVALIDATE THE GIFT.
  S 4304. AMENDING OR REVOKING AN ANATOMICAL GIFT BEFORE DONOR'S  DEATH.
1.    PURSUANT  TO  SECTION  FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, A
DONOR OR OTHER PERSON  AUTHORIZED  TO  MAKE  AN  ANATOMICAL  GIFT  UNDER
SECTION  FORTY-THREE  HUNDRED TWO OF THIS ARTICLE MAY AMEND OR REVOKE AN
ANATOMICAL GIFT BY:
  (A) A RECORD SIGNED BY:
  (1) THE DONOR;
  (2) THE OTHER PERSON; OR

S. 4488                             5

  (3) SUBJECT TO SUBDIVISION TWO OF  THIS  SECTION,  ANOTHER  INDIVIDUAL
ACTING AT THE DIRECTION OF THE DONOR OR THE OTHER PERSON IF THE DONOR OR
OTHER PERSON IS PHYSICALLY UNABLE TO SIGN; OR
  (B)  A LATER-EXECUTED DOCUMENT OF GIFT THAT AMENDS OR REVOKES A PREVI-
OUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT,  EITHER  EXPRESSLY
OR BY INCONSISTENCY.
  2.  A RECORD SIGNED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION SHALL:
  (A) BE WITNESSED BY AT LEAST TWO ADULTS, AT LEAST ONE  OF  WHOM  IS  A
DISINTERESTED  WITNESS,  WHO  HAVE SIGNED AT THE REQUEST OF THE DONOR OR
THE OTHER PERSON; AND
  (B) STATE THAT IT HAS BEEN SIGNED AND WITNESSED AS PROVIDED  IN  PARA-
GRAPH (A) OF THIS SUBDIVISION.
  3.  PURSUANT  TO  SECTION  FORTY-THREE  HUNDRED SIX OF THIS ARTICLE, A
DONOR OR OTHER PERSON  AUTHORIZED  TO  MAKE  AN  ANATOMICAL  GIFT  UNDER
SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE MAY REVOKE AN ANATOMICAL
GIFT  BY THE DESTRUCTION OR CANCELLATION OF THE DOCUMENT OF GIFT, OR THE
PORTION OF THE DOCUMENT OF GIFT USED TO MAKE THE GIFT, WITH  THE  INTENT
TO REVOKE THE GIFT.
  4. A DONOR MAY AMEND OR REVOKE AN ANATOMICAL GIFT THAT WAS NOT MADE IN
A  WILL BY ANY FORM OF COMMUNICATION DURING A TERMINAL ILLNESS OR INJURY
ADDRESSED TO AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM  IS  A  DISINTER-
ESTED WITNESS.
  5.  A DONOR WHO MAKES AN ANATOMICAL GIFT IN A WILL MAY AMEND OR REVOKE
THE GIFT IN THE MANNER PROVIDED FOR AMENDMENT OR REVOCATION OF WILLS  OR
AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
  S 4305. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION.
1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION AND
SUBJECT  TO  SUBDIVISION  SIX  OF  THIS  SECTION,  IN  THE ABSENCE OF AN
EXPRESS, CONTRARY INDICATION BY THE DONOR, A PERSON OTHER THAN THE DONOR
IS BARRED FROM MAKING, AMENDING, OR REVOKING AN  ANATOMICAL  GIFT  OF  A
DONOR'S BODY OR PART IF THE DONOR MADE AN ANATOMICAL GIFT OF THE DONOR'S
BODY  OR PART UNDER SECTION FORTY-THREE HUNDRED THREE OF THIS ARTICLE OR
AN AMENDMENT TO AN ANATOMICAL GIFT OF THE DONOR'S  BODY  OR  PART  UNDER
SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE.
  2.  A  DONOR'S REVOCATION OF AN ANATOMICAL GIFT OF THE DONOR'S BODY OR
PART UNDER SECTION FORTY-THREE HUNDRED FOUR OF THIS  ARTICLE  IS  NOT  A
REFUSAL   AND   SHALL  NOT  BAR  ANOTHER  PERSON  SPECIFIED  IN  SECTION
FORTY-THREE HUNDRED TWO OR SECTION FORTY-THREE HUNDRED SIX OF THIS ARTI-
CLE FROM MAKING AN ANATOMICAL GIFT  OF  THE  DONOR'S  BODY  OR  PART  IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  3. IF A PERSON OTHER THAN THE DONOR MAKES AN UNREVOKED ANATOMICAL GIFT
OF  THE  DONOR'S BODY OR PART UNDER SECTION FORTY-THREE HUNDRED THREE OF
THIS ARTICLE OR AN AMENDMENT TO AN ANATOMICAL GIFT OF THE  DONOR'S  BODY
OR  PART UNDER SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE, ANOTHER
PERSON MAY NOT MAKE, AMEND, OR REVOKE THE GIFT OF THE  DONOR'S  BODY  OR
PART UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE.
  4.  A REVOCATION OF AN ANATOMICAL GIFT OF A DONOR'S BODY OR PART UNDER
SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE BY A PERSON OTHER  THAN
THE DONOR SHALL NOT BAR ANOTHER PERSON FROM MAKING AN ANATOMICAL GIFT OF
THE  BODY  OR  PART  UNDER  SECTION FORTY-THREE HUNDRED THREE OR SECTION
FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE.
  5. IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE  DONOR  OR
OTHER  PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER SECTION FORTY-
THREE HUNDRED TWO OF THIS ARTICLE, AN  ANATOMICAL  GIFT  OF  A  PART  IS
NEITHER A REFUSAL TO GIVE ANOTHER PART NOR A LIMITATION ON THE MAKING OF

S. 4488                             6

AN  ANATOMICAL  GIFT  OF  ANOTHER  PART  AT A LATER TIME BY THE DONOR OR
ANOTHER PERSON.
  6.  IN  THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR OR
OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER SECTION  FORTY-
THREE  HUNDRED TWO OF THIS ARTICLE, AN ANATOMICAL GIFT OF A PART FOR ONE
OR MORE OF THE PURPOSES SET FORTH IN SUCH SECTION IS NOT A LIMITATION ON
THE MAKING OF AN ANATOMICAL GIFT OF  THE  PART  FOR  ANY  OF  THE  OTHER
PURPOSES  BY  THE  DONOR  OR  ANY OTHER PERSON UNDER SECTION FORTY-THREE
HUNDRED THREE OR FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE.
  7. IF A DONOR WHO IS AN UNEMANCIPATED MINOR  DIES,  A  PARENT  OF  THE
DONOR,  WHO  IS  REASONABLY AVAILABLE, MAY REVOKE OR AMEND AN ANATOMICAL
GIFT OF THE DONOR'S BODY OR PART.
  8. IF AN UNEMANCIPATED MINOR WHO SIGNED A REFUSAL DIES,  A  PARENT  OF
THE MINOR WHO IS REASONABLY AVAILABLE MAY REVOKE THE MINOR'S REFUSAL.
  S  4306.  PERSONS  WHO MAKE AN ANATOMICAL GIFT OF A DECEDENT'S BODY OR
PART. 1.  SUBJECT TO SUBDIVISIONS TWO AND  THREE  OF  THIS  SECTION  AND
UNLESS  BARRED  BY  SECTION FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, AN
ANATOMICAL GIFT OF A DECEDENT'S BODY OR PART FOR PURPOSE OF TRANSPLANTA-
TION, THERAPY, RESEARCH, OR EDUCATION MAY BE MADE BY ANY MEMBER  OF  THE
FOLLOWING  CLASSES  OF PERSONS WHO IS REASONABLY AVAILABLE, IN THE ORDER
OF PRIORITY LISTED:
  (A) AN AGENT OF THE DECEDENT AT THE TIME OF DEATH WHO COULD HAVE  MADE
AN  ANATOMICAL GIFT UNDER SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED
TWO OF THIS ARTICLE IMMEDIATELY BEFORE THE DECEDENT'S DEATH;
  (B) THE SPOUSE OR DOMESTIC PARTNER OF THE DECEDENT.  FOR  PURPOSES  OF
THIS  ARTICLE,  DOMESTIC  PARTNER  SHALL  BE  DEFINED TO BE A PERSON WHO
SATISFIES THE REQUIREMENTS CONTAINED IN SECTION FORTY-TWO HUNDRED ONE OF
THIS CHAPTER;
  (C) ADULT CHILDREN OF THE DECEDENT;
  (D) PARENTS OF THE DECEDENT;
  (E) ADULT SIBLINGS OF THE DECEDENT;
  (F) ADULT GRANDCHILDREN OF THE DECEDENT;
  (G) GRANDPARENTS OF THE DECEDENT;
  (H) AN ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE DECEDENT;
  (I) THE PERSONS WHO WERE ACTING AS THE GUARDIAN OF THE DECEDENT AT THE
TIME OF DEATH; AND
  (J) ANY OTHER PERSON HAVING THE AUTHORITY TO DISPOSE OF THE DECEDENT'S
BODY, INCLUDING A PERSON NAMED IN A DECEDENT'S WILL, A COMMISSIONER OF A
LOCAL SOCIAL SERVICES DISTRICT, A CORONER,  A  MEDICAL  EXAMINER,  OR  A
HOSPITAL ADMINISTRATOR.
  2.  IF  THERE  IS  MORE THAN ONE MEMBER OF A CLASS LISTED IN PARAGRAPH
(A), (C), (D), (E), (F), (G) OR (I) OF SUBDIVISION ONE OF  THIS  SECTION
ENTITLED TO MAKE AN ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A
MEMBER  OF  THE  CLASS UNLESS THAT MEMBER, OR A PERSON TO WHICH THE GIFT
MAY PASS UNDER SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE,  KNOWS
OF  AN  OBJECTION  BY  ANOTHER  MEMBER  OF THE CLASS. IF AN OBJECTION IS
KNOWN, THE GIFT MAY BE MADE ONLY BY A MAJORITY OF  THE  MEMBERS  OF  THE
CLASS WHO ARE REASONABLY AVAILABLE.
  3.  A  PERSON  MAY  NOT MAKE AN ANATOMICAL GIFT IF, AT THE TIME OF THE
DECEDENT'S DEATH, A PERSON IN A PRIOR CLASS  UNDER  SUBDIVISION  ONE  IS
REASONABLY AVAILABLE TO MAKE OR TO OBJECT TO THE MAKING OF AN ANATOMICAL
GIFT.
  4.  A  PERSON MAY NOT MAKE AN ANATOMICAL GIFT IF THE PERSON KNOWS OF A
RECORD OF THE DECEDENT'S CONTRARY INDICATION OR IF THE DECEDENT IS KNOWN
TO HAVE MORAL OR RELIGIOUS OBJECTIONS TO THE  MAKING  OF  AN  ANATOMICAL
GIFT.

S. 4488                             7

  S 4307. MANNER OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT OF A
DECEDENT'S  BODY  OR  PART. 1. A PERSON AUTHORIZED TO MAKE AN ANATOMICAL
GIFT UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE MAY  MAKE  AN
ANATOMICAL  GIFT  BY  A DOCUMENT OF GIFT SIGNED BY THE PERSON MAKING THE
GIFT  OR  BY  THAT  PERSON'S  ORAL  COMMUNICATION THAT IS ELECTRONICALLY
RECORDED OR IS CONTEMPORANEOUSLY REDUCED TO A RECORD AND SIGNED  BY  THE
INDIVIDUAL RECEIVING THE ORAL COMMUNICATION.
  2. SUBJECT TO SUBDIVISION THREE OF THIS SECTION, AN ANATOMICAL GIFT BY
A  PERSON AUTHORIZED UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTI-
CLE MAY BE AMENDED OR REVOKED ORALLY OR IN A RECORD BY ANY MEMBER  OF  A
PRIOR CLASS WHO IS REASONABLY AVAILABLE.  IF MORE THAN ONE MEMBER OF THE
PRIOR  CLASS  IS REASONABLY AVAILABLE, THE GIFT MADE BY A PERSON AUTHOR-
IZED UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE MAY BE:
  (A) AMENDED ONLY IF A MAJORITY OF  THE  REASONABLY  AVAILABLE  MEMBERS
AGREE TO THE AMENDING OF THE GIFT; OR
  (B)  REVOKED  ONLY  IF  A MAJORITY OF THE REASONABLY AVAILABLE MEMBERS
AGREE TO THE REVOKING OF THE GIFT OR IF THEY ARE EQUALLY DIVIDED  AS  TO
WHETHER TO REVOKE THE GIFT.
  3.  A  REVOCATION  UNDER  SUBDIVISION TWO OF THIS SECTION IS EFFECTIVE
ONLY IF, BEFORE AN INCISION HAS BEEN MADE TO  REMOVE  A  PART  FROM  THE
DONOR'S  BODY  OR  BEFORE  INVASIVE PROCEDURES HAVE BEGUN TO PREPARE THE
RECIPIENT, THE PROCUREMENT ORGANIZATION, TRANSPLANT HOSPITAL, OR  PHYSI-
CIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
  S  4308.  PERSONS  WHO  MAY  RECEIVE AN ANATOMICAL GIFT; PURPOSE OF AN
ANATOMICAL GIFT. 1. AN ANATOMICAL GIFT MAY  BE  MADE  TO  THE  FOLLOWING
PERSONS NAMED IN THE DOCUMENT OF GIFT:
  (A)  A HOSPITAL; ACCREDITED MEDICAL SCHOOL, DENTAL SCHOOL, COLLEGE, OR
UNIVERSITY; ORGAN PROCUREMENT ORGANIZATION; OR OTHER APPROPRIATE PERSON,
FOR RESEARCH OR EDUCATION;
  (B) SUBJECT TO SUBDIVISION TWO OF THIS SECTION, AN  INDIVIDUAL  DESIG-
NATED  BY THE PERSON MAKING THE ANATOMICAL GIFT IF THE INDIVIDUAL IS THE
RECIPIENT OF THE PART;
  (C) AN EYE BANK OR TISSUE BANK.
  2. IF AN ANATOMICAL GIFT TO  AN  INDIVIDUAL  UNDER  PARAGRAPH  (B)  OF
SUBDIVISION ONE OF THIS SECTION SHALL NOT BE TRANSPLANTED INTO THE INDI-
VIDUAL,  THE  PART  PASSES  IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS
SECTION IN THE ABSENCE OF AN EXPRESS,  CONTRARY  RECORD  BY  THE  PERSON
MAKING THE ANATOMICAL GIFT.
  3. IF AN ANATOMICAL GIFT OF ONE OR MORE SPECIFIC PARTS OR OF ALL PARTS
IS  MADE  IN A DOCUMENT OF GIFT THAT DOES NOT NAME A PERSON DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION BUT IDENTIFIES THE PURPOSE FOR WHICH  AN
ANATOMICAL GIFT MAY BE USED, THE FOLLOWING RULES APPLY:
  (A)  IF  THE  PART IS AN EYE AND THE GIFT IS FOR THE PURPOSE OF TRANS-
PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE EYE BANK.
  (B) IF THE PART IS TISSUE AND THE GIFT IS FOR THE  PURPOSE  OF  TRANS-
PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE TISSUE BANK.
  (C)  IF THE PART IS AN ORGAN AND THE GIFT IS FOR THE PURPOSE OF TRANS-
PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE ORGAN PROCURE-
MENT ORGANIZATION AS CUSTODIAN OF THE ORGAN.
  (D) IF THE PART IS AN ORGAN, AN EYE, OR TISSUE AND THE GIFT IS FOR THE
PURPOSE OF RESEARCH OR EDUCATION, THE GIFT  PASSES  TO  THE  APPROPRIATE
PROCUREMENT ORGANIZATION.
  4.  FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION, IF THERE IS
MORE THAN ONE PURPOSE OF AN ANATOMICAL GIFT SET FORTH IN THE DOCUMENT OF
GIFT BUT THE PURPOSES ARE NOT SET FORTH IN ANY PRIORITY, THE GIFT  SHALL
BE  USED FOR TRANSPLANTATION OR THERAPY, IF SUITABLE. IF THE GIFT CANNOT

S. 4488                             8

BE USED FOR TRANSPLANTATION  OR  THERAPY,  THE  GIFT  MAY  BE  USED  FOR
RESEARCH OR EDUCATION.
  5.  IF  AN  ANATOMICAL GIFT OF ONE OR MORE SPECIFIC PARTS IS MADE IN A
DOCUMENT OF GIFT THAT DOES NOT NAME A PERSON  DESCRIBED  IN  SUBDIVISION
ONE  OF  THIS SECTION AND DOES NOT IDENTIFY THE PURPOSE OF THE GIFT, THE
GIFT MAY BE USED ONLY FOR TRANSPLANTATION OR THERAPY, AND THE GIFT PASS-
ES IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
  6. IF A DOCUMENT OF GIFT SPECIFIES ONLY A GENERAL INTENT  TO  MAKE  AN
ANATOMICAL  GIFT  BY  WORDS  SUCH  AS  "DONOR",  "ORGAN DONOR", OR "BODY
DONOR", OR BY A SYMBOL OR STATEMENT OF SIMILAR IMPORT, THE GIFT  MAY  BE
USED ONLY FOR TRANSPLANTATION OR THERAPY, AND THE GIFT PASSES IN ACCORD-
ANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
  7.  FOR PURPOSES OF SUBDIVISIONS TWO, FIVE AND SIX OF THIS SECTION THE
FOLLOWING RULES SHALL APPLY:
  (A) IF THE PART IS AN EYE, THE GIFT  PASSES  TO  THE  APPROPRIATE  EYE
BANK.
  (B)  IF  THE PART IS TISSUE, THE GIFT PASSES TO THE APPROPRIATE TISSUE
BANK.
  (C) IF THE PART IS AN ORGAN, THE GIFT PASSES TO THE APPROPRIATE  ORGAN
PROCUREMENT ORGANIZATION AS CUSTODIAN OF THE ORGAN.
  8.  AN  ANATOMICAL  GIFT  OF  AN ORGAN FOR TRANSPLANTATION OR THERAPY,
OTHER THAN AN ANATOMICAL GIFT UNDER PARAGRAPH (B) OF SUBDIVISION ONE  OF
THIS  SECTION, PASSES TO THE ORGAN PROCUREMENT ORGANIZATION AS CUSTODIAN
OF THE ORGAN.
  9. IF AN ANATOMICAL GIFT DOES NOT PASS PURSUANT  TO  SUBDIVISIONS  ONE
THROUGH EIGHT OF THIS SECTION OR THE DECEDENT'S BODY OR PART IS NOT USED
FOR  TRANSPLANTATION,  THERAPY,  RESEARCH,  OR EDUCATION, CUSTODY OF THE
BODY OR PART PASSES TO THE PERSON UNDER OBLIGATION  TO  DISPOSE  OF  THE
BODY OR PART.
  10.  A  PERSON  MAY  NOT ACCEPT AN ANATOMICAL GIFT IF THE PERSON KNOWS
THAT THE GIFT WAS NOT EFFECTIVELY MADE UNDER SECTION FORTY-THREE HUNDRED
THREE OR FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE. FOR PURPOSES OF THIS
SUBDIVISION, IF A PERSON KNOWS THAT AN ANATOMICAL GIFT  WAS  MADE  ON  A
DOCUMENT OF GIFT, THE PERSON IS DEEMED TO KNOW OF ANY AMENDMENT OR REVO-
CATION OF THE GIFT OR ANY REFUSAL TO MAKE AN ANATOMICAL GIFT ON THE SAME
DOCUMENT OF GIFT.
  11.  EXCEPT  AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE
OF THIS SECTION, NOTHING IN  THIS  ARTICLE  AFFECTS  THE  ALLOCATION  OF
ORGANS FOR TRANSPLANTATION OR THERAPY.
  S  4309.  SEARCH  AND  NOTIFICATION.  1.  AT  THE  REQUEST OF AN ORGAN
PROCUREMENT ORGANIZATION, THE FOLLOWING PERSONS SHALL MAKE A  REASONABLE
SEARCH  OF  AN  INDIVIDUAL WHO THE PERSON REASONABLY BELIEVES IS DEAD OR
NEAR DEATH FOR A DOCUMENT OF GIFT OR OTHER INFORMATION  IDENTIFYING  THE
INDIVIDUAL AS A DONOR:
  (A)  A LAW ENFORCEMENT OFFICER, FIREFIGHTER, PARAMEDIC, OR OTHER EMER-
GENCY RESCUER FINDING THE INDIVIDUAL; AND
  (B) IF NO OTHER SOURCE OF THE INFORMATION IS IMMEDIATELY AVAILABLE,  A
HOSPITAL,  AS  SOON  AS  PRACTICAL AFTER THE INDIVIDUAL'S ARRIVAL AT THE
HOSPITAL.
  2. IF A DOCUMENT OF GIFT IS LOCATED BY THE SEARCH  REQUIRED  BY  PARA-
GRAPH  (A)  OF  SUBDIVISION  ONE  OF  THIS SECTION AND THE INDIVIDUAL OR
DECEASED INDIVIDUAL TO WHOM IT RELATES  IS  TAKEN  TO  A  HOSPITAL,  THE
PERSON  RESPONSIBLE FOR CONDUCTING THE SEARCH SHALL SEND THE DOCUMENT OF
GIFT TO THE HOSPITAL.
  3. A PERSON IS NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR  FAILING
TO DISCHARGE THE DUTIES IMPOSED BY THIS SECTION.

S. 4488                             9

  S  4310. DELIVERY OF DOCUMENT OF GIFT; RIGHT TO EXAMINE. 1. A DOCUMENT
OF GIFT NEED NOT BE DELIVERED DURING THE DONOR'S LIFETIME TO  BE  EFFEC-
TIVE.
  2.  UPON  OR  AFTER AN INDIVIDUAL'S DEATH, A PERSON IN POSSESSION OF A
DOCUMENT OF GIFT WITH RESPECT TO THE INDIVIDUAL SHALL ALLOW  EXAMINATION
AND  COPYING  OF  THE DOCUMENT OF GIFT BY A PERSON AUTHORIZED TO MAKE OR
OBJECT TO THE MAKING OF AN ANATOMICAL GIFT WITH RESPECT TO THE  INDIVID-
UAL  OR BY A PERSON TO WHICH THE GIFT MAY PASS UNDER SECTION FORTY-THREE
HUNDRED EIGHT OF THIS ARTICLE.
  S 4311. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND  OTHERS.  1.
(A)  WHEN  THE  DEATH OF A PERSON IN A HOSPITAL HAS OCCURRED OR IS IMMI-
NENT, THE HOSPITAL SHALL CONTACT THE FEDERALLY DESIGNATED ORGAN PROCURE-
MENT ORGANIZATION IN ORDER TO MAKE A PRELIMINARY  DETERMINATION  OF  THE
SUITABILITY  OF THE PERSON FOR ORGAN DONATION, EXCEPT WHERE NOT REQUIRED
BY PARAGRAPH (C) OF THIS SUBDIVISION.
  (B) WHERE CONTACT WITH  THE  FEDERALLY  DESIGNATED  ORGAN  PROCUREMENT
ORGANIZATION  IS  NOT REQUIRED UNDER CRITERIA DEVELOPED BY THE FEDERALLY
DESIGNATED ORGAN PROCUREMENT ORGANIZATION THE HOSPITAL SHALL CONTACT THE
APPROPRIATE EYE BANK OR TISSUE BANK, EXCEPT WHERE NOT REQUIRED BY  PARA-
GRAPH (C) OF THIS SUBDIVISION.
  (C)  THE  FEDERALLY  DESIGNATED  ORGAN  PROCUREMENT  ORGANIZATION,  IN
CONSULTATION WITH THE TISSUE PROCUREMENT PROVIDERS, MAY  ISSUE  CRITERIA
UNDER  WHICH  A HOSPITAL SHALL NOT BE REQUIRED TO MAKE THE CONTACT UNDER
THIS SUBDIVISION.
  (D) ALL HOSPITALS SHALL SELECT AT LEAST ONE EYE BANK  OR  TISSUE  BANK
FOR THE PROCUREMENT OF TISSUE, AS DEFINED IN SECTION FORTY-THREE HUNDRED
SIXTY  OF THIS CHAPTER. A HOSPITAL SHALL NOTIFY THE FEDERALLY DESIGNATED
ORGAN PROCUREMENT ORGANIZATION  OF  ITS  CHOICE  OF  TISSUE  PROCUREMENT
PROVIDERS.  IF  A HOSPITAL SELECTS MORE THAN ONE EYE BANK OR TISSUE BANK
AS A PROCUREMENT PROVIDER, IT MAY SPECIFY A ROTATION  OF  REFERRALS  FOR
PURPOSES OF TISSUE PROCUREMENT.
  (E) WHERE THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION, EYE
BANK  OR  TISSUE  BANK  IS CONTACTED, IT SHALL, IN CONSULTATION WITH THE
HOSPITAL, AFTER APPROPRIATE MEDICAL SCREENING (WHICH MAY  INCLUDE  SERO-
LOGICAL  TESTING IF APPLICABLE) DETERMINE SUITABILITY FOR ORGAN, EYE AND
TISSUE DONATION, AS APPROPRIATE.  WHERE  A  FEDERALLY  DESIGNATED  ORGAN
PROCUREMENT  ORGANIZATION IS CONTACTED, IT SHALL CONTACT THE APPROPRIATE
EYE BANK OR TISSUE BANK WITH RESPECT TO SUITABILITY FOR  EYE  OR  TISSUE
DONATION.
  (F)  IF  THE  FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION, EYE
BANK OR TISSUE BANK DETERMINES  THAT  ORGAN,  EYE  OR  TISSUE  DONATION,
RESPECTIVELY,  IS NOT APPROPRIATE BASED ON ESTABLISHED MEDICAL CRITERIA,
THIS SHALL BE NOTED BY HOSPITAL PERSONNEL ON THE PATIENT'S  RECORD,  AND
NO FURTHER ACTION WITH RESPECT TO ORGAN, EYE OR TISSUE DONATION, RESPEC-
TIVELY, IS NECESSARY.
  (G)  THE PERSON INITIATING THE REQUEST SHALL BE DESIGNATED BY A HOSPI-
TAL AND SHALL BE  A  REPRESENTATIVE  OF  A  FEDERALLY  DESIGNATED  ORGAN
PROCUREMENT  ORGANIZATION, EYE BANK, TISSUE BANK, OR A DESIGNATED REQUE-
STOR. AS USED IN THIS SECTION A  "DESIGNATED  REQUESTOR"  SHALL  MEAN  A
PERSON  WHO  HAS  COMPLETED  A COURSE PROVIDED BY A FEDERALLY DESIGNATED
ORGAN PROCUREMENT ORGANIZATION, EYE BANK OR TISSUE  BANK,  WHICHEVER  IS
APPLICABLE,  ON  HOW  TO  APPROACH  POTENTIAL DONOR FAMILIES AND REQUEST
ORGAN, EYE, OR TISSUE DONATION.
  (H) ANY EMPLOYEE OR AGENT OF A FEDERALLY DESIGNATED ORGAN  PROCUREMENT
ORGANIZATION,  EYE  BANK  OR TISSUE BANK ACTING PURSUANT TO THIS SECTION

S. 4488                            10

SHALL BE HELD TO THE SAME STANDARD OF CONFIDENTIALITY AS THAT IMPOSED ON
EMPLOYEES OF THE HOSPITAL.
  2.  (A)  WHEN  A  HOSPITAL  REFERS AN INDIVIDUAL AT OR NEAR DEATH TO A
PROCUREMENT ORGANIZATION,  THE  ORGANIZATION  SHALL  MAKE  A  REASONABLE
SEARCH  OF THE RECORDS PURSUANT TO SECTION FORTY-THREE HUNDRED SEVENTEEN
OF THIS ARTICLE AND ANY DONOR REGISTRY THAT  IT  KNOWS  EXISTS  FOR  THE
GEOGRAPHICAL  AREA  IN WHICH THE INDIVIDUAL RESIDES TO ASCERTAIN WHETHER
THE INDIVIDUAL HAS MADE AN ANATOMICAL GIFT.
  (B) A PROCUREMENT ORGANIZATION SHALL BE ALLOWED REASONABLE  ACCESS  TO
INFORMATION  IN  THE  RECORDS  OF  THE  DEPARTMENT,  PURSUANT TO SECTION
FORTY-THREE HUNDRED SEVENTEEN OF THIS ARTICLE TO  ASCERTAIN  WHETHER  AN
INDIVIDUAL AT OR NEAR DEATH IS A DONOR.
  (C)  WHEN  A  HOSPITAL  REFERS  AN  INDIVIDUAL  AT  OR NEAR DEATH TO A
PROCUREMENT ORGANIZATION, THE ORGANIZATION MAY  CONDUCT  ANY  REASONABLE
EXAMINATION  NECESSARY  TO ENSURE THE MEDICAL SUITABILITY OF A PART THAT
IS OR MAY BE THE SUBJECT OF  AN  ANATOMICAL  GIFT  FOR  TRANSPLANTATION,
THERAPY,  RESEARCH,  OR  EDUCATION  FROM A DONOR OR A PROSPECTIVE DONOR.
DURING THE EXAMINATION PERIOD, MEASURES NECESSARY TO ENSURE THE  MEDICAL
SUITABILITY  OF  THE  PART  MAY  NOT BE WITHDRAWN UNLESS THE HOSPITAL OR
PROCUREMENT ORGANIZATION KNOWS THAT THE INDIVIDUAL EXPRESSED A  CONTRARY
INTENT.
  (D)  UNLESS  PROHIBITED  BY  LAW  OTHER THAN THIS ARTICLE, AT ANY TIME
AFTER A DONOR'S DEATH, THE PERSON TO WHICH A PART PASSES  UNDER  SECTION
FORTY-THREE  HUNDRED  EIGHT  OF  THIS ARTICLE MAY CONDUCT ANY REASONABLE
EXAMINATION NECESSARY TO ENSURE THE MEDICAL SUITABILITY OF THE  BODY  OR
PART FOR ITS INTENDED PURPOSE.
  (E)  UNLESS  PROHIBITED BY LAW OTHER THAN THIS ARTICLE, AN EXAMINATION
UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS  ARTICLE  MAY  INCLUDE  AN
EXAMINATION  OF  ALL MEDICAL AND DENTAL RECORDS OF THE DONOR OR PROSPEC-
TIVE DONOR.
  (F) UPON THE DEATH OF A MINOR WHO WAS A DONOR,  UNLESS  A  PROCUREMENT
ORGANIZATION  KNOWS  THE MINOR IS EMANCIPATED, THE PROCUREMENT ORGANIZA-
TION SHALL CONDUCT A REASONABLE SEARCH FOR THE PARENTS OF THE MINOR  AND
PROVIDE  THE  PARENTS WITH AN OPPORTUNITY TO REVOKE OR AMEND THE ANATOM-
ICAL GIFT.
  (G) UPON REFERRAL BY A HOSPITAL UNDER SUBDIVISION ONE OF THIS SECTION,
A PROCUREMENT ORGANIZATION SHALL MAKE A REASONABLE SEARCH FOR ANY PERSON
LISTED IN SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE HAVING PRIORI-
TY TO MAKE AN ANATOMICAL GIFT ON BEHALF OF A  PROSPECTIVE  DONOR.  IF  A
PROCUREMENT ORGANIZATION RECEIVES INFORMATION THAT AN ANATOMICAL GIFT TO
ANY OTHER PERSON WAS MADE, AMENDED, OR REVOKED, IT SHALL PROMPTLY ADVISE
THE OTHER PERSON OF ALL RELEVANT INFORMATION.
  (H)  SUBJECT TO SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE, THE
RIGHTS OF THE PERSON TO WHICH A PART PASSES UNDER SUCH SECTION ARE SUPE-
RIOR TO THE RIGHTS OF ALL OTHERS WITH RESPECT TO THE  PART.  THE  PERSON
MAY  ACCEPT OR REJECT AN ANATOMICAL GIFT IN WHOLE OR IN PART. SUBJECT TO
THE TERMS OF THE DOCUMENT OF  GIFT  AND  THIS  ARTICLE,  A  PERSON  THAT
ACCEPTS AN ANATOMICAL GIFT OF AN ENTIRE BODY MAY ALLOW EMBALMING, BURIAL
OR CREMATION, AND USE OF REMAINS IN A FUNERAL SERVICE. IF THE GIFT IS OF
A  PART,  THE  PERSON TO WHICH THE PART PASSES UNDER SECTION FORTY-THREE
HUNDRED EIGHT OF THIS ARTICLE, UPON THE DEATH OF THE  DONOR  AND  BEFORE
EMBALMING,  BURIAL,  OR  CREMATION,  SHALL  CAUSE THE PART TO BE REMOVED
WITHOUT UNNECESSARY MUTILATION.
  (I) NEITHER THE PHYSICIAN WHO ATTENDS THE DECEDENT AT  DEATH  NOR  THE
PHYSICIAN  WHO  DETERMINES  THE TIME OF THE DECEDENT'S DEATH MAY PARTIC-

S. 4488                            11

IPATE IN THE PROCEDURES FOR REMOVING OR TRANSPLANTING A  PART  FROM  THE
DECEDENT.
  (J)  A PHYSICIAN OR TECHNICIAN MAY REMOVE A DONATED PART FROM THE BODY
OF A DONOR THAT THE PHYSICIAN OR TECHNICIAN IS QUALIFIED TO REMOVE.
  S 4312. COORDINATION OF PROCUREMENT AND USE.  EACH  HOSPITAL  IN  THIS
STATE  SHALL  ENTER  INTO  AGREEMENTS  OR  AFFILIATIONS WITH PROCUREMENT
ORGANIZATIONS FOR COORDINATION OF  PROCUREMENT  AND  USE  OF  ANATOMICAL
GIFTS.
  S  4313.  SALE OR PURCHASE OF PARTS PROHIBITED. 1. EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A PERSON THAT FOR  VALUABLE
CONSIDERATION,  KNOWINGLY  PURCHASES OR SELLS A PART FOR TRANSPLANTATION
OR THERAPY IF REMOVAL OF A PART FROM AN INDIVIDUAL IS INTENDED TO  OCCUR
AFTER  THE  INDIVIDUAL'S  DEATH  SHALL  BE  GUILTY  OF A FELONY AND UPON
CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING FIFTY THOUSAND DOLLARS  OR
IMPRISONMENT NOT EXCEEDING FIVE YEARS, OR BOTH.
  2.  A  PERSON MAY CHARGE A REASONABLE AMOUNT FOR THE REMOVAL, PROCESS-
ING, PRESERVATION, QUALITY CONTROL, STORAGE,  TRANSPORTATION,  IMPLANTA-
TION, OR DISPOSAL OF A PART.
  S  4314.  OTHER  PROHIBITED  ACTS. A PERSON THAT, IN ORDER TO OBTAIN A
FINANCIAL GAIN, INTENTIONALLY FALSIFIES, FORGES, CONCEALS,  DEFACES,  OR
OBLITERATES A DOCUMENT OF GIFT, AN AMENDMENT OR REVOCATION OF A DOCUMENT
OF  GIFT SHALL BE GUILTY OF A FELONY AND UPON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING FIFTY THOUSAND DOLLARS OR IMPRISONMENT NOT  EXCEEDING
FIVE YEARS, OR BOTH.
  S  4315. IMMUNITY. 1. A PERSON THAT ACTS IN ACCORDANCE WITH THIS ARTI-
CLE OR WITH THE APPLICABLE ANATOMICAL GIFT  LAW  OF  ANOTHER  STATE,  OR
ATTEMPTS  IN  GOOD  FAITH TO DO SO, IS NOT LIABLE FOR THE ACT IN A CIVIL
ACTION, CRIMINAL PROSECUTION,  OR  ADMINISTRATIVE  PROCEEDING.  FOR  THE
PURPOSE  OF  ANY PROCEEDING, CIVIL, CRIMINAL OR ADMINISTRATIVE, THE GOOD
FAITH OF ANY SUCH PERSON SHALL BE PRESUMED, PROVIDED SUCH PERSON,  OFFI-
CIAL  OR  INSTITUTION WAS ACTING IN DISCHARGE OF THEIR DUTIES AND WITHIN
THE SCOPE OF THEIR EMPLOYMENT.
  2. NEITHER THE PERSON MAKING AN ANATOMICAL GIFT NOR THE DONOR'S ESTATE
IS LIABLE FOR ANY INJURY OR DAMAGE THAT RESULTS FROM THE MAKING  OR  USE
OF THE GIFT.
  3.  IN  DETERMINING WHETHER AN ANATOMICAL GIFT HAS BEEN MADE, AMENDED,
OR REVOKED UNDER THIS ARTICLE, A PERSON MAY RELY UPON REPRESENTATIONS OF
AN INDIVIDUAL LISTED IN PARAGRAPH (B), (C), (D), (E), (F), (G) OR (H) OF
SUBDIVISION ONE OF SECTION  FORTY-THREE  HUNDRED  SIX  OF  THIS  ARTICLE
RELATING  TO  THE  INDIVIDUAL'S RELATIONSHIP TO THE DONOR OR PROSPECTIVE
DONOR UNLESS THE PERSON KNOWS THAT THE REPRESENTATION IS UNTRUE.
  4. NO PHYSICIAN, HOSPITAL OR OTHER HEALTH CARE PROVIDER MAY CHARGE THE
DONOR'S ESTATE, FAMILY OR INSURER FOR ANY COST INCURRED  IN  TESTING  OR
REMOVING  A  HUMAN ORGAN OR TISSUE FROM A DONOR AND SUCH CHARGE SHALL BE
VOID AND UNENFORCEABLE.
  S 4316. LAW GOVERNING VALIDITY. 1. A DOCUMENT  OF  GIFT  IS  VALID  IF
EXECUTED IN ACCORDANCE WITH:
  (A) THIS ARTICLE;
  (B) THE LAWS OF THE STATE OR COUNTRY WHERE IT WAS EXECUTED; OR
  (C)  THE  LAWS  OF  THE  STATE  OR COUNTRY WHERE THE PERSON MAKING THE
ANATOMICAL GIFT WAS DOMICILED, HAS  A  PLACE  OF  RESIDENCE,  OR  WAS  A
NATIONAL AT THE TIME THE DOCUMENT OF GIFT WAS EXECUTED.
  2.  IF A DOCUMENT OF GIFT IS VALID UNDER THIS SECTION, THE LAW OF THIS
STATE GOVERNS THE INTERPRETATION OF THE DOCUMENT OF GIFT.

S. 4488                            12

  3. A PERSON MAY PRESUME THAT A DOCUMENT OF GIFT  OR  AMENDMENT  OF  AN
ANATOMICAL GIFT IS VALID UNLESS THAT PERSON KNOWS THAT IT WAS NOT VALID-
LY EXECUTED OR WAS REVOKED.
  S  4317.  NEW YORK STATE DONATE LIFE REGISTRY. 1. THE DEPARTMENT SHALL
MAINTAIN AN ORGAN AND TISSUE DONOR REGISTRY, WHICH SHALL BE REFERRED  TO
AS  THE  NEW  YORK DONATE LIFE REGISTRY AND SHALL CONTAIN A STATEMENT OR
SYMBOL THAT THE DONOR HAS MADE OR AMENDED AN ANATOMICAL GIFT.
  2. SUCH REGISTRATION OF ANATOMICAL GIFTS CAN BE MADE THROUGH:
  (A) A STATEMENT OR SYMBOL MADE ON THE APPLICATION OR RENEWAL FORM OF A
LICENSE,
  (B) A STATEMENT OR SYMBOL MADE ON  A  NON-DRIVER  IDENTIFICATION  CARD
APPLICATION OR RENEWAL FORM,
  (C)  ENROLLMENT  IN THE REGISTRY WEBSITE MAINTAINED BY THE DEPARTMENT,
OR
  (D) THROUGH ANY OTHER METHOD IDENTIFIED BY THE COMMISSIONER.
  3. (A) INFORMATION CONTAINED IN THE REGISTRY SHALL BE ACCESSIBLE TO:
  (1) FEDERALLY REGULATED ORGAN PROCUREMENT AGENCIES,
  (2) EYE AND TISSUE BANKS LICENSED BY THE DEPARTMENT PURSUANT TO  ARTI-
CLE FORTY-THREE-B OF THIS CHAPTER, AND
  (3) ANY OTHER ENTITY FORMALLY APPROVED BY THE COMMISSIONER.
  (B) THE INFORMATION CONTAINED IN THE REGISTRY SHALL NOT BE RELEASED TO
ANY PERSON EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION SOLELY FOR THE
PURPOSE  OF IDENTIFYING POTENTIAL ORGAN AND TISSUE DONORS AT OR NEAR THE
TIME OF DEATH.
  4. IF THE DEPARTMENT HAD AN ESTABLISHED REGISTRY PRIOR TO  THE  EFFEC-
TIVE  DATE  OF THIS SECTION, IT SHALL BE DEEMED TO MEET THE REQUIREMENTS
OF THIS SECTION.
  5. THE REGISTRY SHALL PROVIDE  PERSONS  ENROLLED  THE  OPPORTUNITY  TO
SPECIFY WHICH ORGANS AND TISSUES THEY WANT TO DONATE AND IF THE DONATION
CAN BE USED FOR TRANSPLANTATION AND THERAPY OR RESEARCH, OR BOTH.
  6. THE DEPARTMENT OF MOTOR VEHICLES SHALL COOPERATE WITH A PERSON THAT
ADMINISTERS  ANY  DONOR  REGISTRY THAT THIS STATE ESTABLISHES, CONTRACTS
FOR, OR RECOGNIZES FOR THE PURPOSE OF TRANSFERRING TO THE DONOR REGISTRY
ALL RELEVANT INFORMATION REGARDING A DONOR'S MAKING,  AMENDMENT  TO,  OR
REVOCATION OF AN ANATOMICAL GIFT.
  7.  A  DONOR REGISTRY SHALL BE ACCESSIBLE SEVEN DAYS A WEEK ON A TWEN-
TY-FOUR-HOUR BASIS.
  8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 4318. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH-CARE DIRECTIVE. 1.
FOR THE PURPOSES OF THIS SECTION:
  (A)  "ADVANCE  HEALTH-CARE  DIRECTIVE"  MEANS  A POWER OF ATTORNEY FOR
HEALTH CARE OR A RECORD SIGNED BY A  PROSPECTIVE  DONOR  CONTAINING  THE
PROSPECTIVE  DONOR'S DIRECTION CONCERNING A HEALTH-CARE DECISION FOR THE
PROSPECTIVE DONOR;
  (B) "DECLARATION" MEANS A RECORD SIGNED BY A PROSPECTIVE DONOR  SPECI-
FYING  THE  CIRCUMSTANCES UNDER WHICH A LIFE SUPPORT SYSTEM MAY BE WITH-
HELD OR WITHDRAWN FROM THE PROSPECTIVE DONOR; AND
  (C) "HEALTH-CARE DECISION"  MEANS  ANY  DECISION  MADE  REGARDING  THE
HEALTH CARE OF THE PROSPECTIVE DONOR.
  2.  IF  THE  TERMS  OF  A  PROSPECTIVE  DONOR'S DECLARATION OR ADVANCE
HEALTH-CARE DIRECTIVE AND THE EXPRESS OR IMPLIED TERMS OF AN  ANATOMICAL
GIFT  MADE BY THE PROSPECTIVE DONOR, OR MADE BY ANY OTHER PERSON, APPEAR
TO BE IN CONFLICT WITH REGARD TO THE ADMINISTRATION OF  MEASURES  NECES-
SARY  TO ENSURE THE MEDICAL SUITABILITY OF A PART FOR TRANSPLANTATION OR
THERAPY, APPROPRIATE CONSULTATION SHALL OCCUR TO DETERMINE THE  PROSPEC-

S. 4488                            13

TIVE  DONOR'S ACTUAL OR LIKELY INTENT IN RESOLVING THAT CONFLICT. RESOL-
UTION OF THE CONFLICT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE.  IF  THE
PROSPECTIVE  DONOR  IS  UNABLE  TO  RESOLVE THE CONFLICT, ANOTHER PERSON
AUTHORIZED  BY LAW OTHER THAN THIS ARTICLE TO MAKE HEALTH CARE DECISIONS
ON BEHALF OF THE PROSPECTIVE DONOR SHALL RESOLVE THE CONFLICT. PRIOR  TO
THE RESOLUTION OF THE CONFLICT, MEASURES NECESSARY TO ENSURE THE MEDICAL
SUITABILITY  OF  THE  PART  MAY  NOT  BE  WITHHELD OR WITHDRAWN FROM THE
PROSPECTIVE DONOR PROVIDED THAT WITHHOLDING OR WITHDRAWING OF THE  MEAS-
URES ARE NOT CONTRAINDICATED BY APPROPRIATE END-OF-LIFE CARE.
  S  4319.  COOPERATION  BETWEEN  THE  CORONER  OR  MEDICAL EXAMINER AND
PROCUREMENT ORGANIZATION. 1. A CORONER OR MEDICAL EXAMINER SHALL COOPER-
ATE WITH  PROCUREMENT  ORGANIZATIONS  TO  MAXIMIZE  THE  OPPORTUNITY  TO
RECOVER  ANATOMICAL  GIFTS  FOR THE PURPOSE OF TRANSPLANTATION, THERAPY,
RESEARCH, OR EDUCATION.
  2. IF A CORONER OR MEDICAL EXAMINER RECEIVES NOTICE FROM A PROCUREMENT
ORGANIZATION THAT AN ANATOMICAL GIFT MAY BE AVAILABLE OR WAS  MADE  WITH
RESPECT TO A DECEDENT WHOSE BODY IS UNDER THE JURISDICTION OF THE CORON-
ER  OR  MEDICAL  EXAMINER  AND  A POST-MORTEM EXAMINATION IS GOING TO BE
PERFORMED, UNLESS THE CORONER OR MEDICAL  EXAMINER  DENIES  RECOVERY  IN
ACCORDANCE  WITH  SECTION  SIX HUNDRED SEVENTY-FOUR-A OF THE COUNTY LAW,
THE CORONER OR MEDICAL EXAMINER OR DESIGNEE SHALL CONDUCT A  POST-MORTEM
EXAMINATION  OF  THE  BODY  OR  THE PART IN A MANNER AND WITHIN A PERIOD
COMPATIBLE WITH ITS PRESERVATION FOR THE PURPOSES OF THE GIFT.
  3. A PART MAY NOT BE REMOVED FROM THE BODY OF  A  DECEDENT  UNDER  THE
JURISDICTION OF A CORONER OR MEDICAL EXAMINER FOR TRANSPLANTATION, THER-
APY, RESEARCH, OR EDUCATION UNLESS THE PART IS THE SUBJECT OF AN ANATOM-
ICAL  GIFT. THE BODY OF A DECEDENT UNDER THE JURISDICTION OF THE CORONER
OR MEDICAL EXAMINER MAY NOT BE DELIVERED TO A  PERSON  FOR  RESEARCH  OR
EDUCATION  UNLESS  THE  BODY  IS THE SUBJECT OF AN ANATOMICAL GIFT. THIS
SUBDIVISION SHALL NOT  PRECLUDE  A  CORONER  OR  MEDICAL  EXAMINER  FROM
PERFORMING  THE INVESTIGATION UPON THE BODY OR PARTS OF A DECEDENT UNDER
THE JURISDICTION OF THE CORONER OR MEDICAL EXAMINER.
  S 4320. RELEASE OF RECORDS. UPON REQUEST OF  A  PROCUREMENT  ORGANIZA-
TION,  A  CORONER  OR  MEDICAL EXAMINER SHALL RELEASE TO THE PROCUREMENT
ORGANIZATION THE NAME, CONTACT INFORMATION, AND  AVAILABLE  MEDICAL  AND
SOCIAL HISTORY OF A DECEDENT WHOSE BODY IS UNDER THE JURISDICTION OF THE
CORONER OR MEDICAL EXAMINER. IF THE DECEDENT'S BODY OR PART IS MEDICALLY
SUITABLE  FOR  TRANSPLANTATION,  THERAPY,  RESEARCH,  OR  EDUCATION, THE
CORONER OR MEDICAL EXAMINER SHALL PROMPTLY RELEASE POST-MORTEM  EXAMINA-
TION  RESULTS TO THE PROCUREMENT ORGANIZATION. THE PROCUREMENT ORGANIZA-
TION MAY MAKE A SUBSEQUENT DISCLOSURE  OF  THE  POST-MORTEM  EXAMINATION
RESULTS  OR OTHER INFORMATION RECEIVED FROM THE CORONER OR MEDICAL EXAM-
INER ONLY IF RELEVANT TO TRANSPLANTATION, THERAPY OR RESEARCH.
  S 3. Subdivision 10 of section 4201 of the public health law, as added
by chapter 76 of the laws of 2006, is amended to read as follows:
  10. This section does not supersede, alter or abridge THE EXECUTION OF
AN ANATOMICAL GIFT OR any provision of article forty-three of this chap-
ter [including, but not limited to, the persons authorized to execute an
anatomical gift pursuant to section  forty-three  hundred  one  of  this
chapter].
  S  4. Section 4221 of the public health law, as amended by chapter 128
of the laws of 1979, is amended to read as follows:
  S 4221. Removal of eyes and/or  parts  thereof  after  death.  If  any
donation,  authorization  [or], consent [made pursuant to section forty-
three hundred three of this article]  or  dissection  made  pursuant  to
[subdivision  three  of  section  forty-two hundred ten of this] article

S. 4488                            14

FORTY-THREE OF THIS  CHAPTER  relates  to  the  removal  of  a  deceased
person's  eyes and/or parts thereof, the individual or agency authorized
to remove such eyes and/or parts thereof may permit such removal  to  be
made by a medical student, technician or nurse.
  S  5. The opening paragraph of subdivision 1, subdivision 2 and subdi-
vision 3 of section 4222 of the public health law, the opening paragraph
of subdivision 1 and subdivision 2 as amended by chapter 242 of the laws
of 1981 and subdivision 3 as added by chapter 879 of the laws  of  1985,
are amended to read as follows:
  Upon  request  from  a  general hospital or medical center for corneal
tissue for transplant or pituitary gland tissue for extraction of growth
hormone, the coroner or medical examiner may then request  or  authorize
an  agent  to  request  from  the authorized person under the conditions
established [in subdivision two  of  section  forty-three  hundred  one]
UNDER  ARTICLE FORTY-THREE of this chapter, the authorization, which may
be oral or written according to law,  to  perform  the  removal.    Upon
receiving  such  authorization,  the  coroner  or medical examiner shall
authorize the supply of such corneal tissue or  pituitary  gland  tissue
upon the following conditions:
  2.  The coroner or medical examiner authorizing the removal of corneal
tissue or the pituitary gland tissue pursuant to the provisions of  this
section  shall  not  be held liable in a civil action for damages by any
person specified [by subdivision two of section forty-three hundred one]
IN SECTION FORTY-THREE HUNDRED SIX of this  chapter,  for  such  removal
where  after the exercise of due diligence such coroner or medical exam-
iner obtained authorization from any person  specified  [by  subdivision
two  of  section  forty-three  hundred  one  of this chapter] UNDER SUCH
SECTION.
  3. Except where an anatomical gift has previously  been  requested  or
authorized,  upon  the request of a tissue bank [or storage facility] as
defined in section forty-three hundred of this chapter, the  coroner  or
medical  examiner may then provide the name of the decedent under his OR
HER jurisdiction and the name of the decedent's spouse or other  persons
authorized  to  execute  an  anatomical  gift  in  accordance  with  the
provisions of [section forty-three hundred one] ARTICLE  FORTY-THREE  of
this chapter.
  S  6. Subdivision 5 of section 4364 of the public health law, as added
by chapter 589 of the laws of 1990, is amended to read as follows:
  5. No hospital or other facility and no  physician  shall  permit  any
person to procure tissue or non-transplant organs unless such person has
been  licensed  in  accordance with this article, or has been asked by a
licensed bank or storage facility to procure a specified tissue or  non-
transplant  organ.  No  bank or storage facility shall sell or otherwise
transfer tissue for  valuable  consideration.    Valuable  consideration
shall  not  include  reasonable  costs  associated with the procurement,
processing, storage and distribution of tissue.    Nothing  [herein]  IN
THIS  SECTION shall impair the provisions of section forty-three hundred
[seven] THIRTEEN of this chapter.
  S 7. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, 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

S. 4488                            15

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 provide space on the application so that the
applicant may register in the New York state [organ  and  tissue  donor]
DONATE  LIFE  registry under section forty-three hundred [ten] SEVENTEEN
of the public health law. In addition, an  applicant  for  a  commercial
driver's  license  who will operate a commercial motor vehicle in inter-
state 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 transpor-
tation under the hazardous materials transportation act. Upon a determi-
nation 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 8. Paragraph (a) of subdivision 1 of section 504 of the vehicle  and
traffic  law,  as separately amended by chapters 568 and 639 of the laws
of 2006, is amended to read as follows:
  (a) Every license or renewal thereof shall  contain  a  distinguishing
mark  and  adequate  space  upon  which  an anatomical gift, pursuant to
section forty-three hundred [ten] SEVENTEEN of the public health law, by
the licensee shall be recorded and shall contain such other  information
and  shall  be  issued in such form as the commissioner shall determine;
provided, however, every license or renewal thereof issued to  a  person
under  the age of twenty-one years shall have prominently imprinted upon
it the statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
format; provided further, however,  every  license  or  renewal  thereof
issued  to  a  person  making  an anatomical gift shall have prominently
printed upon the front of such license or renewal thereof the  statement
"ORGAN  DONOR"  in notably distinctive print or format. The commissioner
shall not require fees for the issuance of  such  licenses  or  renewals
thereof to persons under twenty-one years of age or to persons making an
anatomical gift which are different from the fees required for the issu-
ance  of licenses or renewals thereof to persons twenty-one years of age
or over or to persons not making an anatomical gift.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.