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tissue donation, authorization for donation shall not be rescinded by an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BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE LEGAL GUARDIAN OF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.