assembly Bill A10039B

Signed By Governor
2011-2012 Legislative Session

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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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 03, 2012 signed chap.465
Sep 21, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.876
substituted for s7103a
Jun 19, 2012 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.393
rules report cal.393
reported
Jun 18, 2012 reported referred to rules
Jun 16, 2012 print number 10039b
amend and recommit to codes
Jun 15, 2012 print number 10039a
amend (t) and recommit to codes
May 31, 2012 reported referred to codes
May 02, 2012 referred to health

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

A10039 - Bill Details

See Senate Version of this Bill:
S7103A
Law Section:
Public Health Law
Laws Affected:
Amd §§4310 & 4303, Pub Health L; amd §§490 & 502, V & T L

A10039 - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10039

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, the election law and the  vehicle
  and traffic law, in relation to establishing Lauren's law

  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.    THE
COMMISSIONER  SHALL FURTHER ENSURE THAT SPACE IS PROVIDED ON ANY CONSENT
APPLICATION 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 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  'NOT  AT  THIS
TIME'."
  THE  COMMISSIONER  SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS
"NOT AT THIS TIME".  FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDI-
TY OF AN APPLICATION, AND FAILURE TO CHECK "YES"  OR  CHECKING  "NOT  AT
THIS  TIME" 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13875-04-2

A. 10039                            2

DONATE  LIFE  REGISTRY.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO
MAKE AN ANATOMICAL GIFT OR  REGISTERED  IN  THE  DONATE  LIFE  REGISTRY,
CHECKING  "NOT  AT THIS TIME" 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. Subparagraph (xii) of paragraph (k) of subdivision 5  of  section
5-210  of the election law, as added by chapter 362 of the laws of 2008,
is amended to read as follows:
  (xii) A space for the applicant to register  in  the  New  York  state
donate life registry for organ and tissue donations established pursuant
to  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 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" 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 "NOT AT THIS TIME" OR  FAIL-
ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
  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 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" 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 "NOT AT THIS TIME" OR  FAIL-
ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
  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:

A. 10039                            3

  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 'NOT AT THIS TIME'."
  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF  HEALTH  SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME".  FAILURE TO CHECK A
BOX SHALL NOT IMPAIR THE VALIDITY OF  AN  APPLICATION,  AND  FAILURE  TO
CHECK  "YES"  OR  CHECKING  "NOT AT THIS TIME" 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 "NOT AT THIS TIME" OR  FAIL-
ING  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 on the sixtieth  day  after  it  shall
have become a law.

Co-Sponsors

A10039A - Bill Details

See Senate Version of this Bill:
S7103A
Law Section:
Public Health Law
Laws Affected:
Amd §§4310 & 4303, Pub Health L; amd §§490 & 502, V & T L

A10039A - Bill Texts

view summary

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10039--A

                          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

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, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON
ANY  CONSENT APPLICATION 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 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 SHALL NOT MAINTAIN RECORDS OF ANY PERSON  WHO  CHECKS
"SKIP  THIS  QUESTION".    FAILURE  TO  CHECK A BOX SHALL NOT IMPAIR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13875-09-2

A. 10039--A                         2

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--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.

Co-Sponsors

A10039B (ACTIVE) - Bill Details

See Senate Version of this Bill:
S7103A
Law Section:
Public Health Law
Laws Affected:
Amd §§4310 & 4303, Pub Health L; amd §§490 & 502, V & T L

A10039B (ACTIVE) - Bill Texts

view summary

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

view full text
download pdf
                    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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