Senate Bill S5123A

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

                                  5123

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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

              

S. 5123                             2

  (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:

S. 5123                             3

  (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

S. 5123                             4

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.