The New York State Senate

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

                                  4990

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by M. of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF, FAHY --
  read once and referred 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tissue donation, authorization for donation shall not be rescinded by an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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03736-01-5

A. 4990                             2

AUTHORIZATION FOR ORGAN OR TISSUE DONATION, IF  AT  TIME  OF  DEATH  THE
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.

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

                                 4990--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF, FAHY,
  JAFFEE, LUPINACCI, GOODELL -- Multi-Sponsored by -- M. of A. TENNEY --
  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  commit-
  tee

AN  ACT  to amend the public health law and the vehicle and traffic law,
  in relation to authorizing persons 16 years of age or older to make an
  anatomical gift

  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  PERSON WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE AND OF SOUND
MIND MAY GIVE ALL OR ANY PART OF HIS OR HER BODY FOR ANY PURPOSE  SPECI-
FIED  IN  SECTION  FORTY-THREE  HUNDRED TWO OF THIS ARTICLE, THE GIFT TO
TAKE EFFECT UPON DEATH.  IN  ANY  CASE  WHERE  THE  DONOR  HAS  PROPERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03736-02-5

A. 4990--A                          2

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, NOTICE OF SUCH GIFT
SHALL BE PROVIDED TO THE DONOR'S PARENTS OR LEGAL GUARDIANS, AND AUTHOR-
IZATION FOR DONATION MAY BE RESCINDED OR AMENDED BY AN  OBJECTION  BY  A
PARENT  OR LEGAL GUARDIAN OF THE DONOR AT THE TIME OF DEATH AND PRIOR TO
THE RECOVERY OF ANY ORGAN OR TISSUE IF THE DONOR IS LESS  THAN  EIGHTEEN
YEARS OF AGE. AN ANATOMICAL GIFT MADE BY AN INDIVIDUAL MORE THAN SIXTEEN
YEARS  OF  AGE  BUT LESS THAN EIGHTEEN SHALL OTHERWISE NOT BE RESCINDED,
EXCEPT UPON A SHOWING THAT THE DONOR REVOKED THE AUTHORIZATION. UPON THE
DONOR REACHING THE AGE OF EIGHTEEN, THE DONOR'S CONSENT TO DONATE HIS OR
HER ORGANS OR TISSUE SHALL BE REGARDED AS CONSENT FOR  AUTHORIZATION  TO
MAKE AN ANATOMICAL GIFT.
  S  2. Paragraph (a) and subparagraph (ii) of paragraph (b) of subdivi-
sion 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, are amended to read as
follows:
  (a) Such organ, eye and tissue registration  of  consent  to  make  an
anatomical gift can be made through: (i) indication made on the applica-
tion  or  renewal  form of a driver's license, (ii) indication made on a
non-driver identification card application or renewal form, (iii)  indi-
cation 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 commission-
er. THE DEPARTMENT SHALL ESTABLISH A MEANS  BY  WHICH  TO  REGISTER  THE
CONSENT  GIVEN  BY INDIVIDUALS WHO ARE SIXTEEN OR SEVENTEEN YEARS OF AGE
IN THE DONATE LIFE REGISTRY, AND SHALL MAKE  REGISTRATION  AVAILABLE  BY
ANY OF THE METHODS PROVIDED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V)
AND (VI) OF THIS PARAGRAPH.
  (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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO
THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE   OF   SECTION
FORTY-THREE  HUNDRED ONE OF THIS ARTICLE.  Where an applicant has previ-
ously 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.
  S 3. The third undesignated paragraph of subdivision 2 of section  490
of  the  vehicle and traffic law, as added by chapter 465 of the laws of
2012, is amended to read as follows:
  The commissioner of [the department  of]  health  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,  EXCEPT  AS
OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION  ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW.
Where an applicant has previously consented to make an  anatomical  gift

A. 4990--A                          3

or registered in the donate life registry, checking "skip this question"
or failing to check a box shall not impair that consent or registration.
  S  4. The third undesignated paragraph of subdivision 1 of section 502
of the vehicle and traffic law, as amended by chapter 465 of the laws of
2012, is amended to read as follows:
  The commissioner of [the department  of]  health  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,  EXCEPT  AS
OTHERWISE PROVIDED PURSUANT TO THE PROVISIONS OF PARAGRAPH (B) OF SUBDI-
VISION  ONE OF SECTION FORTY-THREE HUNDRED ONE OF THE PUBLIC HEALTH LAW.
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.
In  addition,  an  applicant  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
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section  and  sections  five  hundred  three,  five
hundred ten-a, and five hundred ten-aa of this title, the terms "medical
certificate" and "medical certification" shall mean a form substantially
in  compliance  with the form set forth in Part 391.43(h) of title 49 of
the code of federal regulations. Upon a determination that the holder of
a commercial driver's license has made any false statement, with respect
to the application for such license, the commissioner shall revoke  such
license.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that the amendments to paragraph
(a) and subparagraph (ii) of paragraph (b) of subdivision 5  of  section
4310  of  the  public health law, made by section two of this act, shall
not affect the expiration and reversion of such subdivision,  and  shall
expire  therewith;  provided,  further  that the amendments to the third
undesignated paragraph of subdivision 2 of section 490  of  the  vehicle
and traffic law, made by section three of this act, shall not affect the
expiration  and  repeal  of such paragraph, and shall be deemed repealed
therewith; and provided, further that the amendments to the third undes-
ignated paragraph of subdivision 1 of section 502  of  the  vehicle  and
traffic  law,  made  by  section  four of this act, shall not affect the
expiration of the amendments to such subdivision by chapter 465  of  the
laws of 2012, and shall expire therewith.