The New York State Senate

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

                                  8860

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation to authorizing people
  between the ages of fifteen and seventeen to register to be organ  and
  tissue donors

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

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tissue donation, authorization for donation shall not be rescinded by an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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13617-03-2

A. 8860                             2

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