Senate Bill S2215A

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

                                  2215

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

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 and 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. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (i) to read as follows:
  (I) BONE MARROW AND PERIPHERAL BLOOD STEM CELL DONATION.
  S 3. 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 INFORMATION.  1. A
PHYSICIAN, AS  EARLY  AS  PRACTICABLE  IN  THE  PHYSICIAN'S  THERAPEUTIC
RELATIONSHIP  WITH  A  PATIENT,  AND  UNLESS  THE  PHYSICIAN  REASONABLY
BELIEVES THAT BONE MARROW OR PBSC DONATION WOULD THREATEN THE HEALTH  OF
THE  PATIENT, MAY PROVIDE A COPY OF THE BROCHURE PREPARED BY THE COMMIS-
SIONER TO EVERY PATIENT:
  (A) WHO IS KNOWN BY THE PHYSICIAN TO BE AT LEAST EIGHTEEN YEARS OF AGE
BUT NO OLDER THAN SIXTY YEARS OF AGE; AND
  (B) 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.
  2. THE PHYSICIAN MAY OFFER TO DISCUSS THE INFORMATION CONTAINED IN THE
BROCHURE WITH THE PATIENT OR THE PATIENT'S REPRESENTATIVE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD00729-01-3

              

S. 2215                             2

  3.  THIS SECTION 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 PRINCI-
PLES  WHICH  THE  DENOMINATION  CONSIDERS TO BE AN ESSENTIAL PART OF ITS
BELIEFS AND PRACTICES.
  S  3-a.  Subdivision  2  of  section 4310 of the public health law, as
amended by chapter 158 of the laws  of  2012,  is  amended  to  read  as
follows:
  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 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  provision  of
written or electronic notice of the registration to the person enrolling
in the registry.
  S  4. Section 4310 of the public health law, as amended by chapter 639
of the laws of 2006, the section heading as separately amended by  chap-
ter  640 of the laws of 2006, subdivisions 1 and 3 as amended by chapter
158 of the laws of 2012 and subdivision 2 as separately amended by chap-
ters 158 and 465 of the laws of 2012, 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". Such registry
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 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. Where required by law for consent forms described in para-
graphs (a) and (b) of this subdivision, the  commissioner  shall  ensure
that  space  is provided on any consent form so that the applicant shall
register or decline registration in the donate life registry  for  organ
and tissue donations under this section and that the following is stated
on the form in clear and conspicuous type:
  "You  must  fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
tion'."
  The  commissioner  shall not maintain records of any person who checks
"skip this question". Failure to check a box shall not impair the valid-
ity of an application, and failure to check "yes" or checking "skip this
question" shall not be construed to imply a wish not to donate.  In  the
case  of  an applicant under eighteen years of age, checking "yes" shall
not constitute consent to make an anatomical gift or registration in the

S. 2215                             3

donate life registry. Where an applicant  has  previously  consented  to
make  an  anatomical  gift  or  registered  in the donate life registry,
checking "skip this question" or failing to check a box shall not impair
that  consent  or  registration. The registration shall take effect upon
the provision of written or electronic notice of the registration to the
person enrolling in the registry.
  3. (a) Information contained in the registry shall  be  accessible  to
(i)  federally  designated  organ  procurement  organizations, FEDERALLY
REGULATED BONE MARROW OR PERIPHERAL BLOOD STEM CELL  PROCUREMENT  ORGAN-
IZATIONS,  IN  APPROPRIATE  CASES, (ii) eye and tissue banks licensed by
the department pursuant 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:
  (I)  of  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  REGISTRATION  OF  BONE  MARROW  OR PERIPHERAL BLOOD STEM CELL
DONORS SHALL BE FOR THE PURPOSE OF IDENTIFYING  THE  DONORS  AND  TRANS-
FERRING  THEIR  REGISTRATION  INFORMATION  TO A FEDERALLY REGULATED BONE
MARROW OR PERIPHERAL BLOOD STEM CELL PROCUREMENT AGENCY.
  9. The commissioner is authorized to promulgate rules and  regulations
necessary to implement the provisions of this section.
  S  5.  Subdivision  2  of  section  4310  of the public health law, as
amended by chapter 158 of the laws  of  2012,  is  amended  to  read  as
follows:
  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 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

S. 2215                             4

the  election  law,  or  (e)  through any other method identified by the
commissioner. The registration shall take effect upon the  provision  of
written or electronic notice of the registration to the person enrolling
in the registry.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the  amendments  to  subdivision  2  of
section  4310  of the public health law made by section four of this act
shall take effect on the same date and same manner as section 2 of chap-
ter 465 of the laws of 2012, takes effect; provided  further,  that  the
amendment made to subdivision 2 of section 4310 of the public health law
by  section  four of this act shall be subject to the expiration of such
subdivision pursuant to section 6 of chapter 465 of the laws of 2012, as
amended, when upon such date the provisions of section five of this  act
shall take effect.