Senate Bill S8137A

                                
 
BILL NUMBER: S8137

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the county law, in relation to organ
donation

 
PURPOSE:

TO ensure coroners and medical examiners throughout the state adhere to
protocols that would enhance opportunities for donation.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the county law and adds paragraph (c) which would
direct coroners and medical examiners, in conjunction with their feder-
ally designated organ procurement organization, to develop protocols
when making referrals of deaths that fall under their jurisdiction and
occur outside of a hospital. These protocols must include the coroner or
medical examiner to call the federally designated organ procurement
organization for donor registry verification and donor suitability
determination.
              

Section 2. Provides the effective date.

 
JUSTIFICATION:

In 1998, the Federal Required Referral Law was adopted and required all
deaths that occur in a hospital to be diligently referred to their
federally designated Organ Procurement Organization (0P0). By attaching
the law to the Conditions of Participation under Medicare and Medicaid
Services, compliance was guaranteed. Prior to this law, hospitals failed
to voluntarily cooperate in order to adopt protocols that would refer
these deaths. This made it extremely difficult to address the shortage
of much needed organs and tissues. Coroners were left out of the
Required Referral Law, leaving a loophole when deaths fall under their
jurisdiction.

While there have been significant advancements to expand enrollment
opportunities, New York remains far behind other states in terms of
registry participation. As of 2017, only 28 percent of New York's eligi-
ble population is enrolled as an organ donor. The need for donation is
dire. Approximately 121,400 are currently waiting for an organ trans-
plant in the United States 10,000 of those individuals are New Yorkers.

On average, 150 people are added to the nation's organ transplant wait-
ing list each day.

Some counties throughout New York State have adopted protocols to refer
all deaths pronounced at the scene, however, many have not, which could
reject an opportunity for donation of viable organs/tissue and eyes.
Based upon the policy and procedures adopted by hospitals in 1998, this
legislation would direct coroners and medical examiners to call their
federal designated OPO to verify if the individual is on the donor
registry and determine possibility of organ donation.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.