Assembly Bill A4171B

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

                                  4171

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT, GUNTHER -- Multi-Sponsored by -- M. of A.
  PALMESANO, PEOPLES-STOKES, PERRY, RA, THIELE -- read once and referred
  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 (k) to read as follows:
  (K) 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.
                                                           LBD05503-01-5
              

A. 4171                             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  4.  Section 4310 of the public health law, as amended by section 27
of part A of chapter 60 of the laws of  2014,  is  amended  to  read  as
follows:
  S  4310.  New  York  state  donate  life registry for organ, eye, BONE
MARROW OR PERIPHERAL BLOOD  STEM  CELL  and  tissue  donations.  1.  The
department  shall  establish  an  organ,  eye, BONE MARROW OR PERIPHERAL
BLOOD STEM CELL and tissue donor registry, which shall be called and  be
referred  to  as the "donate life registry", which shall provide a means
to make and register a gift of organs, eyes, BONE MARROW  OR  PERIPHERAL
BLOOD  STEM CELLS and tissues to take place after death pursuant to this
article. The donate life 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. The commissioner may enter into a multi-year contract for the oper-
ation and promotion of the donate life registry subject  to  such  terms
and  conditions as may be contained within such contract with a not-for-
profit organization that has experience working with  organ,  eye,  BONE
MARROW  OR  PERIPHERAL  BLOOD STEM CELL and tissue procurement organiza-
tions, has expertise in conducting organ, eye, BONE MARROW OR PERIPHERAL
BLOOD STEM CELL and tissue donor promotional campaigns,  and  is  affil-
iated with the organ, eye, BONE MARROW OR PERIPHERAL BLOOD STEM CELL and
tissue  donation  community  throughout  the  state.  The contractor may
subcontract as needed for the effective performance of the contract. All
such subcontractors and the terms of such subcontracts shall be  subject
to approval by the commissioner. Any applicable state agency, including,
but not limited to, the department, the department of motor vehicles and
the  board  of elections, shall cooperate in the collection and transfer
of registrant data to the donate life registry.
  3. The duties of the contractor shall include, but not be limited  to,
the following:
  (a) the development, implementation and maintenance of the donate life
registry  that  includes  online,  mailed and other forms of organ, eye,
BONE MARROW OR PERIPHERAL BLOOD STEM CELL and tissue donor registration,
verification, amendment and revocation;
  (b) preparation and submission of a plan to encourage organ, eye, BONE
MARROW OR PERIPHERAL BLOOD STEM CELL and tissue donation through  educa-
tion  and marketing efforts and other recommendations that would stream-
line and enhance the cost-effective operation of the donate life  regis-
try;
  (c) provision of written or electronic notification of registration in
the  donate  life registry to an individual enrolling in the donate life
registry; and
  (d) preparation and submission of an  annual  written  report  to  the
department. Such report shall include:
  (i)  a  performance  matrix including the number of registrants on the
donate life registry and an analysis of the registration rates,  includ-
ing  but  not limited to, location, method of registration, demographic,
and state comparisons;
  (ii) the characteristics of registrants as determined from the  donate
life registry information;

A. 4171                             3

  (iii)  the annual dollar amount of voluntary contributions received by
the contractor for the purposes of maintaining the donate life  registry
and/or educational and promotional campaigns and initiatives;
  (iv) a description of the promotional campaigns and initiatives imple-
mented during the year; and
  (v)  accounting  statements  of expenditures for the purposes of main-
taining the donate life registry and promotional  campaigns  and  initi-
atives.
  4. (a) For the period April first, two thousand fourteen through March
thirty-first,  two thousand fifteen, payments to the contractor shall be
paid by the department.
  (b) For the period beginning April first,  two  thousand  fifteen  and
thereafter,  payments  to the contractor shall be paid by the department
from funds available for these purposes, including, but not limited  to,
the  funds  deposited  into  the  life pass it on trust fund pursuant to
section ninety-five-d of the state finance law, AS ADDED BY CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
  (c) In addition, the contractor may receive and use voluntary contrib-
utions.
  5. (a) Such organ, eye, BONE MARROW OR PERIPHERAL BLOOD STEM CELL  and
tissue  registration  of  consent to make an anatomical gift can be made
through: (i) indication made on the application or  renewal  form  of  a
driver's  license,  (ii)  indication made on a non-driver identification
card application or renewal form,  (iii)  indication  made  on  a  voter
registration  form  pursuant to subdivision five of section 5-210 of the
election law, (iv) enrollment through the donate life registry  website,
(v)  paper  enrollment  submitted  to  the donate life registry, or (vi)
through any other method identified by the commissioner.
  (b)(i) Where required by  law  for  registration  forms  described  in
subparagraphs  (i)  and  (ii)  of paragraph (a) of this subdivision, the
commissioner shall ensure that space is  provided  on  any  registration
form so that the applicant shall register or decline registration in the
donate  life  registry  for  organ, eye, BONE MARROW OR PERIPHERAL BLOOD
STEM CELL 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'."
  (ii) The commissioner shall not maintain records  of  any  person  who
checks "skip this question". Failure to check a box shall not impair the
validity 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 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.
  (c)  Enrollment  or  amendment  or  revocation through the donate life
registry website through any of the means listed in this subdivision may
be signed by electronic signature, in accordance with the provisions  of
article three of the state technology law, supported by the use of suit-
able  mechanisms  including  unique identifiers to provide confidence in
the identity of the  person  providing  the  electronic  signature.  The
registration  shall  take  effect upon the provision of written or elec-

A. 4171                             4

tronic notice of the registration to the  individual  enrolling  in  the
donate life registry.
  (d)  Amendments  or revocations from the donate life registry shall be
made by the following, subject to the requirements of the commissioner:
  (i) registrants submitting an amendment or revocation  in  writing  to
the donate life registry; or
  (ii)  registrants submitting an amendment or revocation electronically
through the donate life registry website.
  (e) Removal from the donate  life  registry  shall  not  be  deemed  a
refusal of any other or future anatomical gift.
  (f)  The  donate  life registry shall provide individuals enrolled the
opportunity to specify which organs,  eyes  and  tissues  they  want  to
donate  INCLUDING  WHETHER THEY WANT TO DONATE BONE MARROW OR PERIPHERAL
BLOOD STEM CELLS and if the donation may be  used  for  transplantation,
research, or both.
  6.  An  individual  registered in the donate life registry before July
twenty-third, two thousand eight  shall  be  deemed  to  have  expressed
intent to donate ORGANS AND TISSUES OTHER THAN BONE MARROW OR PERIPHERAL
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. (a) The donate life registry shall be maintained in a  manner  that
allows  immediate  access  to organ, eye, BONE MARROW OR PERIPHERAL STEM
CELL and tissue donation records twenty-four hours a day, seven  days  a
week  to  the  contractor,  the  department,  federally designated organ
procurement organizations, FEDERALLY REGULATED BONE MARROW OR PERIPHERAL
BLOOD STEM CELL PROCUREMENT ORGANIZATIONS IN APPROPRIATE CASES, licensed
eye, BONE MARROW OR PERIPHERAL STEM CELL  and  tissue  banks,  and  such
other  entities  which  may  be  approved  by the department for access.
Access shall be available to registrants to  confirm  the  accuracy  and
validity  of  their  registration and to amend or revoke their registra-
tion, subject to reasonable procedures to verify identity.
  (b) Access to the donate life registry shall  have  security  measures
set  forth  in the contract to protect the integrity of the identifiable
data in the donate life registry, which may  only  be  accessed  by  the
parties  described in paragraph (a) of this subdivision and only for the
purposes of determining donor status at or near the time of death of  an
individual,  OR  IDENTIFYING  POTENTIAL  BONE MARROW OR PERIPHERAL BLOOD
STEM CELL DONORS by the department for any purpose,  by  the  contractor
only  for  purposes  of  quality  assessment  and improvement, technical
support and  donor  services,  or  by  individual  registrants  for  the
purposes  of  confirming the accuracy and validity of their registration
or making, amending or revoking their registration.
  (c) De-identified information may be accessed by the  entities  listed
in  paragraph (a) of this subdivision or their designees for purposes of
analysis,  promotion,  education,  quality  improvement  and   technical
support  for  the donate life registry. The information contained in the
registry shall not be released to any person except as expressly author-
ized by this section, solely for the purposes so authorized.
  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.
  [9.] 10. An interagency work group, composed of the commissioner,  the
commissioner  of  the department of motor vehicles, a chair of the board

A. 4171                             5

of elections, or their designees, and such other individuals as  may  be
designated  by  the  commissioner, shall be established to meet with the
contractor annually and as needed to review the  status  of  the  donate
life  registry,  to examine the steps that might be taken by state agen-
cies to enhance its performance  and  to  make  recommendations  to  the
contractor.
  S  5.  Subdivision  5  of  section  4310  of the public health law, as
amended by section 27 of part A of chapter 60 of the laws  of  2014,  is
amended to read as follows:
  5.  (a) Such organ, eye, BONE MARROW OR PERIPHERAL BLOOD STEM CELL and
tissue registration of consent to make an anatomical gift  can  be  made
through:  (i)  indication  made  on the application or renewal form of a
driver's license, (ii) indication made on  a  non-driver  identification
card  application  or  renewal  form,  (iii)  indication made on a voter
registration form pursuant to subdivision five of section 5-210  of  the
election  law, (iv) enrollment through the donate life registry website,
(v) paper enrollment submitted to the  donate  life  registry,  or  (vi)
through any other method identified by the commissioner.
  (b)[(i)  registration  subparagraphs  (i)  and  (ii)  paragraph (a) of
registration, eye
  (ii)
  (c)] Enrollment or amendment or revocation  through  the  donate  life
registry website through any of the means listed in this subdivision may
be  signed by electronic signature, in accordance with the provisions of
article three of the state technology law, supported by the use of suit-
able mechanisms including unique identifiers to  provide  confidence  in
the  identity  of  the  person  providing  the electronic signature. The
registration shall take effect upon the provision of  written  or  elec-
tronic  notice  of  the  registration to the individual enrolling in the
donate life registry.
  (d) Amendments or revocations from the donate life registry  shall  be
made by the following, subject to the requirements of the commissioner:
  (i)  registrants  submitting  an amendment or revocation in writing to
the donate life registry; or
  (ii) registrants submitting an amendment or revocation  electronically
through the donate life registry website.
  (e)  Removal  from  the  donate  life  registry  shall not be deemed a
refusal of any other or future  anatomical  gift  OR  DONATION  OF  BONE
MARROW OR PERIPHERAL BLOOD STEM CELLS.
  (f)  The  donate  life registry shall provide individuals enrolled the
opportunity to specify which organs, eyes,  BONE  MARROW  OR  PERIPHERAL
BLOOD STEM CELLS and tissues they want to donate and if the donation may
be used for transplantation, research, or both.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the  amendments  to  subdivision  5  of
section  4310  of the public health law made 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.

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

                                 4171--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M. of A. WRIGHT, GUNTHER, PICHARDO -- Multi-Sponsored by
  -- M. of A.  PALMESANO, PEOPLES-STOKES, PERRY, RA, THIELE -- read once
  and referred to the Committee on Health -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, the state  finance  law  and  the
  election  law,  in  relation to providing for the creation and dissem-
  ination 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 (l) to read as follows:
  (L) 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05503-02-5

              

A. 4171--A                          2

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.
  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 4.  The public health law is amended by adding a new section 4311 to
read as follows:
  S 4311. NEW YORK STATE BONE MARROW  AND  PERIPHERAL  BLOOD  STEM  CELL
DONATION  REGISTRY.  1. THE DEPARTMENT SHALL ESTABLISH A BONE MARROW AND
PERIPHERAL BLOOD STEM CELL (PBSC) DONATION REGISTRY, TO BE KNOWN AS  THE
"PBSC REGISTRY", WHICH SHALL PROVIDE A MEANS TO MAKE AND REGISTER A GIFT
OF BONE MARROW AND PERIPHERAL BLOOD STEM CELLS TO TAKE PLACE PURSUANT TO
THE  PROVISIONS OF THIS ARTICLE. THE PBSC REGISTRY SHALL CONTAIN A LIST-
ING OF ALL DONORS WHO HAVE DECLARED THEIR CONSENT TO MAKE  SUCH  ANATOM-
ICAL GIFTS.
  2. THE COMMISSIONER MAY ENTER INTO A MULTI-YEAR CONTRACT FOR THE OPER-
ATION  AND  PROMOTION  OF  THE  PBSC REGISTRY, SUBJECT TO SUCH TERMS AND
CONDITIONS AS MAY BE CONTAINED WITHIN SUCH CONTRACT WITH A  NOT-FOR-PRO-
FIT  ORGANIZATION  THAT HAS EXPERIENCE WORKING WITH DONATION COMMUNITIES
THROUGHOUT THE STATE. THE CONTRACTOR MAY SUBCONTRACT AS NEEDED  FOR  THE
EFFECTIVE  PERFORMANCE OF THE CONTRACT.  ALL SUCH SUBCONTRACTORS AND THE
TERMS OF SUCH SUBCONTRACTS SHALL BE SUBJECT TO APPROVAL BY  THE  COMMIS-
SIONER.  ANY APPLICABLE STATE AGENCY, INCLUDING, BUT NOT LIMITED TO, THE
DEPARTMENT, THE DEPARTMENT OF MOTOR VEHICLES AND THE BOARD OF ELECTIONS,
SHALL COOPERATE IN THE COLLECTION AND TRANSFER OF REGISTRANT DATA TO THE
PBSC REGISTRY.
  3. THE DUTIES OF THE CONTRACTOR SHALL INCLUDE, BUT NOT BE LIMITED  TO,
THE FOLLOWING:
  (A) THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE PBSC REGIS-
TRY  THAT  INCLUDES  ONLINE,  MAILED  AND OTHER FORMS OF BONE MARROW AND
PERIPHERAL BLOOD STEM CELL DONOR REGISTRATION,  VERIFICATION,  AMENDMENT
AND REVOCATION;
  (B)  PREPARATION AND SUBMISSION OF A PLAN TO ENCOURAGE BONE MARROW AND
PERIPHERAL BLOOD STEM CELL  DONATION  THROUGH  EDUCATION  AND  MARKETING
EFFORTS  AND OTHER RECOMMENDATIONS THAT WOULD STREAMLINE AND ENHANCE THE
COST-EFFECTIVE OPERATION OF THE PBSC REGISTRY;
  (C) PROVISION OF WRITTEN OR ELECTRONIC NOTIFICATION OF REGISTRATION IN
THE PBSC REGISTRY TO AN INDIVIDUAL ENROLLING IN THE PBSC REGISTRY; AND
  (D) PREPARATION AND SUBMISSION OF AN  ANNUAL  WRITTEN  REPORT  TO  THE
DEPARTMENT.  SUCH REPORT SHALL INCLUDE:
  (I)  A  PERFORMANCE  MATRIX INCLUDING THE NUMBER OF REGISTRANTS ON THE
PBSC REGISTRY AND AN ANALYSIS OF THE REGISTRATION RATES,  INCLUDING  BUT
NOT LIMITED TO, LOCATION, METHOD OF REGISTRATION, DEMOGRAPHIC, AND STATE
COMPARISONS;
  (II)  THE  CHARACTERISTICS  OF REGISTRANTS AS DETERMINED FROM THE PBSC
REGISTRY INFORMATION;
  (III) THE ANNUAL DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED  BY
THE  CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE PBSC REGISTRY AND/OR
EDUCATIONAL AND PROMOTIONAL CAMPAIGNS AND INITIATIVES;
  (IV) A DESCRIPTION OF THE PROMOTIONAL CAMPAIGNS AND INITIATIVES IMPLE-
MENTED DURING THE YEAR; AND

A. 4171--A                          3

  (V) ACCOUNTING STATEMENTS OF EXPENDITURES FOR THE  PURPOSES  OF  MAIN-
TAINING THE PBSC REGISTRY AND PROMOTIONAL CAMPAIGNS AND INITIATIVES.
  4.  (A) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN, PAYMENTS TO THE  CONTRACTOR  SHALL
BE PAID BY THE DEPARTMENT.
  (B)  FOR  THE PERIOD BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN AND
THEREAFTER, PAYMENTS TO THE CONTRACTOR SHALL BE PAID BY  THE  DEPARTMENT
FROM  FUNDS AVAILABLE FOR THESE PURPOSES, INCLUDING, BUT NOT LIMITED TO,
THE FUNDS DEPOSITED INTO THE LIFE PASS IT  ON  TRUST  FUND  PURSUANT  TO
SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE.
  (C) IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE VOLUNTARY CONTRIB-
UTIONS.
  5. (A) SUCH BONE MARROW AND PERIPHERAL BLOOD STEM CELL REGISTRATION OF
CONSENT  TO  MAKE AN ANATOMICAL GIFT CAN BE MADE THROUGH: (I) INDICATION
MADE ON THE APPLICATION OR RENEWAL FORM  OF  A  DRIVER'S  LICENSE,  (II)
INDICATION  MADE  ON  A  NON-DRIVER  IDENTIFICATION  CARD APPLICATION OR
RENEWAL FORM, (III) INDICATION MADE ON A VOTER REGISTRATION FORM  PURSU-
ANT  TO  SUBDIVISION  FIVE  OF  SECTION  5-210 OF THE ELECTION LAW, (IV)
ENROLLMENT THROUGH THE  PBSC  REGISTRY  WEBSITE,  (V)  PAPER  ENROLLMENT
SUBMITTED TO THE PBSC REGISTRY, OR (VI) THROUGH ANY OTHER METHOD IDENTI-
FIED BY THE COMMISSIONER.
  (B)(I)  WHERE  REQUIRED  BY  LAW  FOR  REGISTRATION FORMS DESCRIBED IN
SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  THE
COMMISSIONER  OF  MOTOR  VEHICLES SHALL ENSURE THAT SPACE IS PROVIDED ON
ANY REGISTRATION FORM SO THAT THE APPLICANT SHALL  REGISTER  OR  DECLINE
REGISTRATION  IN  THE  PBSC REGISTRY FOR ORGAN, EYE 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  NEW  YORK  STATE  BONE  MARROW  AND  PERIPHERAL BLOOD STEM CELL
DONATION REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS QUESTION'."
  (II) THE COMMISSIONER SHALL NOT MAINTAIN RECORDS  OF  ANY  PERSON  WHO
CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE
VALIDITY 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 PBSC REGISTRY.  WHERE AN APPLICANT HAS  PREVIOUSLY  CONSENTED  TO
MAKE A BONE MARROW AND PERIPHERAL BLOOD STEM CELLS GIFT OR REGISTERED IN
THE  PBSC  REGISTRY, CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A
BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION.
  (C) ENROLLMENT OR AMENDMENT OR REVOCATION THROUGH  THE  PBSC  REGISTRY
WEBSITE  THROUGH  ANY  OF  THE  MEANS  LISTED IN THIS SUBDIVISION MAY BE
SIGNED BY ELECTRONIC SIGNATURE, IN ACCORDANCE  WITH  THE  PROVISIONS  OF
ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUIT-
ABLE  MECHANISMS  INCLUDING  UNIQUE IDENTIFIERS TO PROVIDE CONFIDENCE IN
THE IDENTITY OF THE  PERSON  PROVIDING  THE  ELECTRONIC  SIGNATURE.  THE
REGISTRATION  SHALL  TAKE  EFFECT UPON THE PROVISION OF WRITTEN OR ELEC-
TRONIC NOTICE OF THE REGISTRATION TO THE  INDIVIDUAL  ENROLLING  IN  THE
PBSC REGISTRY.
  (D)  AMENDMENTS OR REVOCATIONS FROM THE PBSC REGISTRY SHALL BE MADE BY
THE FOLLOWING, SUBJECT TO THE REQUIREMENTS OF THE COMMISSIONER:
  (I) REGISTRANTS SUBMITTING AN AMENDMENT OR REVOCATION  IN  WRITING  TO
THE PBSC REGISTRY; OR

A. 4171--A                          4

  (II)  REGISTRANTS SUBMITTING AN AMENDMENT OR REVOCATION ELECTRONICALLY
THROUGH THE PBSC REGISTRY WEBSITE.
  (E)  REMOVAL  FROM  THE PBSC REGISTRY SHALL NOT BE DEEMED A REFUSAL OF
ANY OTHER OR FUTURE BONE MARROW AND PERIPHERAL BLOOD STEM CELLS GIFT  OR
ANATOMICAL GIFT.
  (F)  THE PBSC REGISTRY SHALL PROVIDE AN ENROLLED INDIVIDUAL THE OPPOR-
TUNITY TO SPECIFY WHETHER HE  OR  SHE  WISHES  TO  DONATE  BONE  MARROW,
PERIPHERAL  BLOOD STEM CELLS OR BOTH AND IF THE DONATION MAY BE USED FOR
TRANSPLANTATION, RESEARCH, OR BOTH.
  6. (A) THE PBSC REGISTRY SHALL BE MAINTAINED IN A MANNER  THAT  ALLOWS
IMMEDIATE  ACCESS TO BONE MARROW AND PERIPHERAL BLOOD STEM CELL DONATION
RECORDS TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK  TO  THE  CONTRACTOR,
THE  DEPARTMENT,  FEDERALLY  DESIGNATED BONE MARROW AND PERIPHERAL BLOOD
STEM CELLS PROCUREMENT ORGANIZATIONS IN APPROPRIATE CASES AND SUCH OTHER
ENTITIES WHICH MAY BE APPROVED BY  THE  DEPARTMENT  FOR  ACCESS.  ACCESS
SHALL  BE  AVAILABLE TO REGISTRANTS TO CONFIRM THE ACCURACY AND VALIDITY
OF THEIR REGISTRATION AND TO AMEND OR REVOKE THEIR REGISTRATION, SUBJECT
TO REASONABLE PROCEDURES TO VERIFY IDENTITY.
  (B) ACCESS TO THE PBSC REGISTRY SHALL HAVE SECURITY MEASURES SET FORTH
IN THE CONTRACT TO PROTECT THE INTEGRITY OF THE IDENTIFIABLE DATA IN THE
PBSC REGISTRY, WHICH MAY ONLY BE ACCESSED BY THE  PARTIES  DESCRIBED  IN
PARAGRAPH (A) OF THIS SUBDIVISION AND ONLY FOR THE PURPOSES OF DETERMIN-
ING  DONOR  STATUS  OR  IDENTIFYING  POTENTIAL BONE MARROW OR PERIPHERAL
BLOOD STEM CELL DONORS, BY  THE  DEPARTMENT  FOR  ANY  PURPOSE,  BY  THE
CONTRACTOR  ONLY  FOR  PURPOSES  OF  QUALITY ASSESSMENT AND IMPROVEMENT,
TECHNICAL SUPPORT AND DONOR SERVICES, OR BY INDIVIDUAL  REGISTRANTS  FOR
THE  PURPOSES OF CONFIRMING THE ACCURACY AND VALIDITY OF THEIR REGISTRA-
TION OR MAKING, AMENDING OR REVOKING THEIR REGISTRATION.
  (C) DE-IDENTIFIED INFORMATION MAY BE ACCESSED BY THE  ENTITIES  LISTED
IN  PARAGRAPH (A) OF THIS SUBDIVISION OR THEIR DESIGNEES FOR PURPOSES OF
ANALYSIS,  PROMOTION,  EDUCATION,  QUALITY  IMPROVEMENT  AND   TECHNICAL
SUPPORT  FOR THE PBSC REGISTRY.  THE INFORMATION CONTAINED IN THE REGIS-
TRY SHALL NOT BE RELEASED TO ANY PERSON EXCEPT AS  EXPRESSLY  AUTHORIZED
BY THIS SECTION, SOLELY FOR THE PURPOSES SO AUTHORIZED.
  7.  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.
  8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  9.  AN  INTERAGENCY  WORK  GROUP,  COMPOSED  OF  THE COMMISSIONER, THE
COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, A CHAIR OF  THE  BOARD
OF  ELECTIONS,  OR THEIR DESIGNEES, AND SUCH OTHER INDIVIDUALS AS MAY BE
DESIGNATED BY THE COMMISSIONER, SHALL BE ESTABLISHED TO  MEET  WITH  THE
CONTRACTOR  ANNUALLY  AND  AS  NEEDED  TO  REVIEW THE STATUS OF THE PBSC
REGISTRY, TO EXAMINE THE STEPS THAT MIGHT BE TAKEN BY STATE AGENCIES  TO
ENHANCE ITS PERFORMANCE AND TO MAKE RECOMMENDATIONS TO THE CONTRACTOR.
  S  5. Subdivision 3 of section 95-d of the state finance law, as added
by section 29 of part A of chapter 60 of the laws of 2014, is amended to
read as follows:
  3. Monies of the fund shall be  expended  only  for  organ  transplant
research  and education projects approved by the commissioner of health,
or to provide grants to not-for-profit corporations in this state  which
are  incorporated  for the purpose of increasing and promoting organ and
tissue donation awareness AND BONE MARROW AND PERIPHERAL BLOOD STEM CELL
DONATION AWARENESS provided, however, THAT: (A) beginning  April  first,

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two  thousand fifteen, any revenues received or any monies appropriated,
credited or transferred to the fund on and after May first, two thousand
fourteen may also be expended to support the maintenance  and  operation
of the donate life registry in accordance with the provisions of section
forty-three  hundred  ten  of  the  public health law; AND (B) BEGINNING
APRIL FIRST, TWO THOUSAND SIXTEEN, ANY REVENUES RECEIVED OR  ANY  MONIES
APPROPRIATED,  CREDITED  OR  TRANSFERRED  TO  THE  FUND ON AND AFTER MAY
FIRST, TWO THOUSAND FIFTEEN MAY ALSO BE EXPENDED TO SUPPORT THE  MAINTE-
NANCE  AND  OPERATION  OF  THE  THE PBSC REGISTRY IN ACCORDANCE WITH THE
PROVISIONS OF SECTION FORTY-THREE HUNDRED ELEVEN OF  THE  PUBLIC  HEALTH
LAW.
  S  6.  Paragraph (k) of subdivision 5 of section 5-210 of the election
law is amended by adding a new subparagraph (xiii) to read as follows:
  (XIII) A SPACE FOR THE APPLICANT TO REGISTER IN  THE  NEW  YORK  STATE
BONE MARROW AND PERIPHERAL BLOOD STEM CELL DONATION REGISTRY ESTABLISHED
PURSUANT TO SECTION FORTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
  S  7.  This  act shall take effect on the ninetieth day after it shall
have become a law.