§ 4310. New York state donate life registry for organ, eye and tissue
donations. 1. The department shall establish an organ, eye, 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 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.

2. The commissioner may enter into a multi-year contract for the
operation 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
and tissue procurement organizations, has expertise in conducting organ,
eye and tissue donor promotional campaigns, and is affiliated with the
organ, eye 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 and
tissue donor registration, verification, amendment and revocation;

(b) preparation and submission of a plan to encourage organ, eye and
tissue donation through education and marketing efforts and other
recommendations that would streamline and enhance the cost-effective
operation of the donate life registry;

(c) provision of written or electronic notification of registration in
the donate life registry to an individual enrolling in the donate life
registry; provided, however, that written in-person or electronic
notifications shall be utilized wherever possible as methods for
fulfillment of the purposes of this paragraph; 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,
including 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;

(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
implemented during the year; and

(v) accounting statements of expenditures for the purposes of
maintaining the donate life registry and promotional campaigns and
initiatives.

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.

(c) In addition, the contractor may receive and use voluntary
contributions.

5. * (a) Such organ, eye 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) indication made on the
application for, or manual renewal application by an account holder of,
health care coverage offered through the state health benefit exchange,
(v) enrollment through the donate life registry website, (vi) paper
enrollment submitted to the donate life registry, (vii) indication made
on the application or renewal form of a hunting, fishing or trapping
license issued pursuant to title seven of article eleven of the
environmental conservation law, (viii) indication made on transactions
administered by the office of temporary and disability assistance
through the mybenefits.ny.gov website, or any such successor website;
(ix) indication made on applications, renewals or related transactions
for college financial aid, grants, or scholarships offered or
administered through any website maintained by the higher education
services corporation; or (x) through any other method identified by the
commissioner. 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), (vi), (vii), (viii), (ix) and (x) of this paragraph.

* NB Effective until June 23, 2024

* (a) Such organ, eye 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) indication made on the
application for, or manual renewal application by an account holder of,
health care coverage offered through the NY State of Health, the
official Health Plan Marketplace, (v) enrollment through the donate life
registry website, (vi) paper enrollment submitted to the donate life
registry, (vii) indication made on the application or renewal form of a
hunting, fishing or trapping license issued pursuant to title seven of
article eleven of the environmental conservation law, (viii) indication
made on transactions administered by the office of temporary and
disability assistance through the mybenefits.ny.gov website, or any such
successor website; (ix) indication made on applications, renewals or
related transactions for college financial aid, grants, or scholarships
offered or administered through any website maintained by the higher
education services corporation; (x) indication made by an insured and/or
applicant for insurance during enrollments, renewals, and the initial
process for an insured in setting up an online member service portal
with their insurer for accident and health insurance policies and
contracts issued pursuant to article forty-four of this chapter, article
forty-two of the insurance law, or article forty-three of the insurance
law, excepting renewals made through the NY State of Health, the
official Health Plan Marketplace, other than those specifically
referenced in subparagraph (iv) of this paragraph and paragraph (v) of
subdivision one of section two hundred six of this chapter; and
provided, however, that nothing in this section shall apply to the
medical assistance program under title eleven of article five of the
social services law; or (xi) through any other method identified by the
commissioner. 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), (vi), (vii), (viii), (ix), (x) and (xi) of this
paragraph.

* NB Effective June 23, 2024

(b) * (i) Where required by law for transactions described in
subparagraphs (i), (ii), (iv), (vii), (viii), (ix), and (x) of paragraph
(a) of this subdivision, the commissioner shall ensure, in consultation
with the head of any agency required to implement such transaction, that
space is provided on any required form so that the applicant shall
register or decline registration in the donate life 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 Donate Life Registry? Check box for 'yes' or 'skip this
question'."

* NB Effective until June 23, 2024

* (i) Where required by law for transactions described in
subparagraphs (i), (ii), (iv), (vii), (viii), (ix), (x) and (xi) of
paragraph (a) of this subdivision, the commissioner shall ensure, in
consultation with the head of any agency required to implement such
transaction, that space is provided on any required form so that the
applicant shall register or decline registration in the donate life
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 Donate Life Registry? Check box for 'yes' or 'skip this
question'."

* NB Effective June 23, 2024

(ii) The commissioner shall not maintain records of any person who
checks "skip this question". Except where the application is made in
person or electronically, 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
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
suitable 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
electronic notice of the registration to the individual enrolling in the
donate life registry and the registry's entry of the individual's
enrollment data in the registry; provided, however, that written
in-person or electronic notifications shall be utilized wherever
possible as methods for fulfillment of the purposes of this paragraph.

(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 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, 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 and tissue donation records
twenty-four hours a day, seven days a week to the contractor, the
department, federally designated organ procurement organizations,
licensed eye 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 registration, 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, 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
authorized by this section, solely for the purposes so authorized.

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 donate
life registry, to examine the steps that might be taken by state
agencies to enhance its performance and to make recommendations to the
contractor.