S T A T E O F N E W Y O R K
________________________________________________________________________
4294
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to providing for the
creation and dissemination of information pertaining to bone marrow
and peripheral blood stem cell donation; to amend the public health
law, the election law and the vehicle and traffic law, in relation to
bone marrow and peripheral blood stem cell donation registration
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 "Jaden's law".
S 2. The public health law is amended by adding a new section 4369 to
read as follows:
S 4369. BONE MARROW AND PERIPHERAL BLOOD STEM CELL DONATION INFORMA-
TION. 1. (A) THE COMMISSIONER SHALL PREPARE AN ONLINE BROCHURE FOR
DISPLAY ON THE INTERNET WEBSITE OF THE DEPARTMENT, BASED UPON INFORMA-
TION DERIVED FROM THE NATIONAL MARROW DONOR PROGRAM ("NMDP"), WHICH MAY
BE DOWNLOADED BY PHYSICIANS FOR THE PURPOSES OF BEING PROVIDED TO
PATIENTS, AND SHALL BE DESIGNED TO INFORM PATIENTS OF THE OPTION TO
BECOME A BONE MARROW OR PERIPHERAL BLOOD STEM CELL ("PBSC") DONOR BY
REGISTERING WITH THE NMDP AND TO ANSWER COMMON QUESTIONS ABOUT BONE
MARROW AND PERIPHERAL BLOOD STEM CELL, OR PBSC, DONATION.
(B) THE BROCHURE SHALL DESCRIBE:
(1) THE HEALTH BENEFITS TO THE COMMUNITY FROM MAKING A BONE MARROW OR
PBSC DONATION THROUGH THE NMDP;
(2) HOW TO REGISTER WITH THE NMDP;
(3) THE PROCEDURES FOR MAKING A BONE MARROW OR PBSC DONATION THROUGH
THE NMDP, INCLUDING NOTICE THAT THERE IS NO CHARGE TO THE DONOR OR THE
DONOR'S FAMILY FOR MAKING THE DONATION;
(4) THE CIRCUMSTANCES AND PROCEDURES BY WHICH A PATIENT MAY RECEIVE A
TRANSFUSION OF THE PATIENT'S PREVIOUSLY DONATED BLOOD; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07030-01-1
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(5) ANY OTHER ASPECTS OF BONE MARROW OR PBSC DONATION THAT THE COMMIS-
SIONER DEEMS APPROPRIATE FOR THE PURPOSES OF THIS SECTION.
2. (A) A PHYSICIAN, AS EARLY AS PRACTICABLE IN THE PHYSICIAN'S THERA-
PEUTIC RELATIONSHIP WITH A PATIENT, AND UNLESS THE PHYSICIAN REASONABLY
BELIEVES THAT BONE MARROW OR PBSC DONATION WOULD THREATEN THE HEALTH OF
THE PATIENT, SHALL PROVIDE A COPY OF THE BROCHURE PREPARED BY THE
COMMISSIONER TO EVERY PATIENT:
(1) WHO IS KNOWN BY THE PHYSICIAN TO BE AT LEAST EIGHTEEN YEARS OF AGE
BUT NO OLDER THAN SIXTY YEARS OF AGE; AND
(2) WHO THE PHYSICIAN ANTICIPATES WILL BE ADMITTED TO A HOSPITAL FOR
AN ELECTIVE ORTHOPEDIC PROCEDURE OR TREATMENT OR OTHERWISE BELIEVES IS
AN APPROPRIATE CANDIDATE FOR BONE MARROW OR PBSC DONATION; OR FOR WHOM
THE PHYSICIAN OTHERWISE BELIEVES BONE MARROW OR PBSC DONATION IS APPRO-
PRIATE TO THE PATIENT'S MEDICAL CIRCUMSTANCES OR IS DESIRED BY THE
PATIENT.
(B) THE PHYSICIAN SHALL OFFER TO DISCUSS THE INFORMATION CONTAINED IN
THE BROCHURE WITH THE PATIENT OR THE PATIENT'S REPRESENTATIVE.
(C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
CONSTRUED TO APPLY TO A PHYSICIAN WHO IS DIRECTLY AFFILIATED WITH A
RELIGIOUS DENOMINATION THAT ADHERES TO THE TENET THAT BONE MARROW OR
PBSC TRANSFER IS CONTRARY TO THE MORAL PRINCIPLES WHICH THE DENOMINATION
CONSIDERS TO BE AN ESSENTIAL PART OF ITS BELIEFS AND PRACTICES.
S 3. Section 4310 of the public health law, as amended by chapter 639
of the laws of 2006, the section heading and subdivision 1 as separately
amended by chapter 640 of the laws of 2006 and subdivision 2 as amended
by chapter 161 of the laws of 2010, is amended to read as follows:
S 4310. New York state donate life registry for organ [and], tissue,
BONE MARROW OR PERIPHERAL BLOOD STEM CELL donations. 1. The department
shall establish an organ and tissue donor registry, which shall be
called and be referred to as the "donate life registry", which shall
contain a listing of all donors who have declared their consent to make
an anatomical gift OR TO DONATE BONE MARROW OR PERIPHERAL BLOOD STEM
CELLS.
2. Such registration of consent to make an anatomical gift OR TO
DONATE BONE MARROW OR PERIPHERAL BLOOD STEM CELLS 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 application or
renewal form, (c) enrolling in the registry website maintained by the
department, which may include using an electronic signature under regu-
lations of the commissioner and subject to article three of the state
technology law, (d) indication made on a voter registration form pursu-
ant to subdivision five of section 5-210 of the election law, or (e)
through any other method identified by the commissioner. The registra-
tion shall take effect upon the department sending written notice of the
registration to the person enrolling in the registry. In making regu-
lations on using an electronic signature for a registration of consent,
the commissioner shall consult with the director of the office [of] FOR
technology.
3. (a) Information contained in the registry shall be accessible to
(i) federally regulated organ, BONE MARROW OR PERIPHERAL BLOOD STEM CELL
procurement agencies, (ii) eye and tissue banks licensed by the depart-
ment pursuant to article forty-three-B of this chapter, (iii) 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:
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(I) identifying potential organ and tissue donors at or near the time
of death; OR
(II) IDENTIFYING POTENTIAL BONE MARROW OR PERIPHERAL BLOOD STEM CELL
DONORS.
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, INCLUDING WHETHER
THEY WANT TO DONATE BONE MARROW OR PERIPHERAL BLOOD STEM CELLS, and if
the donation can be used for transplantation, research, or both.
6. A person registered in the organ and tissue registry before the
effective date of this subdivision shall be deemed to have expressed
intent to donate ORGANS AND TISSUES OTHER THAN BONE MARROW OR PERIPHERAL
BLOOD STEM CELLS, until and unless he or she files an amendment to his
or her registration or a new registration expressing consent to donate.
7. The commissioner shall contact each person registered before the
effective date of this subdivision in the organ and tissue registry in
writing to inform him or her that at the time he or she registered, the
registry was that of intent and that the registry is now one of consent,
to explain in clear and understandable terms the difference between
intent and consent, and to provide opportunity for the person to change
his or her registration to provide consent by amending his or her
current registration or executing a new registration.
8. The commissioner is authorized to promulgate rules and regulations
necessary to implement the provisions of this section.
S 4. 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, BONE MARROW OR PERIPHERAL
BLOOD STEM CELL donations established pursuant to section forty-three
hundred ten of the public health law.
S 5. 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
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, BONE
MARROW OR PERIPHERAL BLOOD STEM CELL donor registry under section
forty-three hundred ten of the public health law. In addition, an appli-
cant for a commercial driver's license who will operate 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 trans-
portation act. Upon a determination that the holder of a commercial
driver's license has made any false statement, with respect to the
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application for such license, the commissioner shall revoke such
license.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.