senate Bill S6972

Signed By Governor
2011-2012 Legislative Session

Relates to organ donation

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Archive: Last Bill Status Via A9901 - Signed by Governor

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.158
Jul 06, 2012 delivered to governor
May 31, 2012 returned to assembly
passed senate
3rd reading cal.818
substituted for s6972
May 31, 2012 substituted by a9901
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.818
Apr 18, 2012 referred to health


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S6972 - Bill Details

See Assembly Version of this Bill:
Law Section:
Public Health Law
Laws Affected:
Amd §4310, Pub Health L; amd §307, St Tech L

S6972 - Bill Texts

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Relates to organ donation.

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An act
to amend the public health law
and the state technology law, in relation to organ donation


This bill would revise the New York State Donate Life Registry
("Registry") for organ and tissue donation to: (1) provide that
notice confirming registration through the Registry's website could
be provided in electronic form; and (2) clarify that individuals may
amend or revoke their registration in the Registry through electronic


Section 1 of the bill would amend Public Health Law ("PHL") § 4310 to
provide that notice to enrollees of their registration in the
Registry need not be "written," clarifying that such notice may be
made by electronic means.

Section 2 of the bill would amend State Technology Law ("STL")
307(1) to allow the use of an electronic signature to amend or
revoke, as well as to provide initial, consent for the making of an
anatomical gift through the Registry.

Section 3 of the bill would provide for an immediate effective date,


PHL § 4310 requires the Department of Health ("DOH") to establish the
Registry and provides for Registry enrollment as a means by which
individuals can register their consent to make an anatomical gift.

STL § 307 allows the use of an electronic signature for enrollment in
the registry, but otherwise prohibits the use of an electronic
signature for certain other transactions, including documents
providing for the disposition of a person's body upon death. The
current language of the State Technology Law does not clearly
authorize the use of an electronic signature for other Registry


Chapter 161 of the Laws of 2010 permitted the use of an electronic
signature for registration in the Registry.


Today, approximately 113,000 people - 9,700 of them New Yorkers - are
on the national waiting list for organ transplants. On average, 18
people die every day in the United States, because they did not
receive a desperately needed organ. Organ donation can made by a
deceased donor, who can elect to donate his or her kidneys, pancreas,
liver, lungs, heart and/or intestinal organs, or a living donor, who
can give a kidney, or a portion of the liver, lung, intestine, or
pancreas. In addition, various types of tissues can be donated and
used to enhance health or save lives. For example, donated skin can
be used to help someone recover from severe burns, and a donated
heart valve can help repair a cardiac defect. The tissues donated by
one person can positively impact the lives of over 50 other people.
Moreover, a donated cornea can help preserve or restore the sight of
the recipient.

In New York, an individual who is at least 18 years old may make a
gift, effective upon death, of any part of his or her body (including
organs, tissues and eyes) for the purpose of transplantation or
medical research by registering with the Registry. Individuals can
consent to make such a gift by: (1) indicating consent when applying
for or renewing a driver's license or a non-driver's identification
card at the Department of Motor Vehicles; (2) signing a consent form
when registering to vote with a county board of elections; (3)
filling out a Registry enrollment form with a local organ procurement
organization or tissue bank; (4) signing a form, available from the
DOH website and returning it by mail to DOH; and (5) enrolling
through the Registry website to register electronically by use of an
electronic signature. This last option has only recently become
available in New York, but its ease of use is anticipated to
substantially increase the number of enrollees within the State - a
desperately needed improvement, given that New York State currently
has one of the lowest registration rates in the nation.

To further enhance the convenience of the electronic signature option,
this bill would provide that in addition to initially enrolling in
the Registry through the website, individuals may also amend or
revoke their registration through such means. In addition, the bill
clarifies that notice of an individual's registration - which must
be provided to such person upon his or her enrollment in the Registry
- could be written or electronic, permitting such notice to be made
by electronic means when appropriate.


This bill is not anticipated to have a fiscal impact on the State.


This bill would take effect immediately.

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


                            I N  S E N A T E

                             April 18, 2012

Introduced by Sen. HANNON -- (at request of the Department of Health) --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health

AN ACT to amend the public health law and the state technology  law,  in
  relation to organ donation


  Section 1. Subdivisions 1, 2 and 3  of  section  4310  of  the  public
health  law, subdivision 1 as separately amended by chapters 639 and 640
of the laws of 2006, subdivision 2 as amended by chapter 161 of the laws
of 2010 and subdivision 3 as amended by chapter 639 of the laws of 2006,
are amended to read as follows:
  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].  SUCH  REGISTRY  shall  contain a listing of all donors who have
declared their consent to make an anatomical gift.
  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
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 technology.]
  3. (a) Information contained in the registry shall  be  accessible  to
(i) federally [regulated] DESIGNATED organ procurement [agencies] ORGAN-
IZATIONS,  (ii) eye and tissue banks licensed by the department pursuant

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

S. 6972                             2

to article forty-three-B of this chapter, AND  (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 identifying potential organ and tissue donors at or near the
time of death.
  S 2. Subdivision 1 of section 307 of  the  state  technology  law,  as
amended  by  chapter  161  of  the  laws  of 2010, is amended to read as
  1. To any document providing for the disposition  of  an  individual's
person or property upon death or incompetence, or appointing a fiduciary
of  an  individual's  person or property, including, without limitation,
wills, trusts, decisions consenting to orders not to resuscitate, powers
of attorney and health care proxies, with the exception of: (a) contrac-
tual beneficiary designations;  and  (b)  the  registration  of  making,
AMENDING,  OR  REVOKING  an  anatomical  gift  under section forty-three
hundred ten of the public  health  law  [under  regulations  under  that
  S 3. This act shall take effect immediately.


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