The New York State Senate

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

                                 9203--A

                          I N  A S S E M B L Y

                             March 27, 2014
                               ___________

Introduced  by  M. of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF -- read
  once and referred to the Committee on Health -- reported and  referred
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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tissue donation, authorization for donation shall not be rescinded by an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 FIFTEEN YEARS OF AGE OR MORE, BUT
LESS  THAN EIGHTEEN YEARS OF AGE, 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, IF  AT  TIME  OF  DEATH  THE

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

                                                           LBD06264-02-4

A. 9203--A                          2

DONOR  IS LESS THAN EIGHTEEN YEARS OF AGE, THE PARENTS OR LEGAL GUARDIAN
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  BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE LEGAL
GUARDIAN OF THE DECEDENT AT SUCH TIME.
  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 FIFTEEN YEARS OF AGE OR MORE, BUT LESS THAN EIGH-
TEEN YEARS OF AGE, 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 LESS THAN EIGHTEEN YEARS OF
AGE, 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.