senate Bill S7457

2011-2012 Legislative Session

Authorizes 15-17 year olds to register to donate organs and tissue upon their death

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 reported and committed to rules
May 22, 2012 referred to health

Votes

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Jun 11, 2012 - Health committee Vote

S7457
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S7457 - Bill Details

See Assembly Version of this Bill:
A8860
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง4301 & 4310, Pub Health L

S7457 - Bill Texts

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Authorizes 15-17 year olds to register to donate organs and tissue upon their death; provides that parents or a legal guardian shall be notified and can rescind such decision to donate organs or tissue at the time of death; requires that the parent or legal guardian sign the registration along with the 15-17 year old and that such registration may be submitted by mail, in person, or electronically.

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BILL NUMBER:S7457

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This legislation provides a mechanism for people under the age of eigh-
teen (18) to register in the Donate Life Registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends subdivision 1 of section 4301 of the public health law
to provide that an individual between the ages of fifteen (15) and (17)
may register for the New York State Organ and Tissue Donor Registry to
make an anatomical gift upon death, however such authorization for
donation may be rescinded by a rejection by either parent or legal guar-
dian of the decedent at the time of his or her death.

Section 2. Amends section 4310 of the public health law by adding a new
subdivision 2-a which provides that the Department of Health shall
establish a form to be available in schools, Department of Health and
Department of Motor Vehicles, to allow an individual between (15) and
(17) years of age to register for the New York State Organ and Tissue
Donor Registry with the consent by either a parent or legal guardian of
the person registering.

Section 3. Effective date.

JUSTIFICATION:
The New York State Public Health law currently does not provide a mech-
anism for people under.eighteen (18) years of age to register in the
Donate Life Registry. This legislation will amend the current law to
allow a person between the ages of fifteen (15) to seventeen (17) an
opportunity to show their intent to donate their organs in the event of
their death, by being allowed to register with the Donate Life Registry.
Registering will not however take away parent's rights to refuse removal
of any organ, tissue or fluid in the event of that child's death prior
to age eighteen (18).

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7457

                            I N  S E N A T E

                              May 22, 2012
                               ___________

Introduced  by  Sen. BONACIC -- 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 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
REMOVAL OF ANY ORGAN FOR DONATION AND THE AUTHORIZATION FOR DONATION MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13617-03-2

S. 7457                             2

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.

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