A9901-2011 Actions

• Jul 18, 2012: signed chap.158
• Jul 6, 2012: delivered to governor
• May 31, 2012: RETURNED TO ASSEMBLY
• May 31, 2012: PASSED SENATE
• May 31, 2012: 3RD READING CAL.818
• May 31, 2012: SUBSTITUTED FOR S6972
• May 7, 2012: REFERRED TO HEALTH
• May 7, 2012: delivered to senate
• May 7, 2012: passed assembly
• May 3, 2012: advanced to third reading cal.535
• May 1, 2012: reported
• Apr 20, 2012: referred to health

A9901-2011 Votes

A9901-2011 Text

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

                                    9901

                            I N  ASSEMBLY

                               April 20, 2012
                                 ___________

  Introduced  by  M. of A. TITONE, GOTTFRIED -- (at request of the Depart-
    ment of Health) -- read once and referred to the Committee on Health

  AN ACT to amend the public health law and the state technology  law,  in
    relation to organ donation

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivisions 1, 2 and 3  of  section  4310  of  the  public
  health  law, subdivision 1 as separately amended by chapters 639 and 640
  of the laws of 2006, subdivision 2 as amended by chapter 161 of the laws
  of 2010 and subdivision 3 as amended by chapter 639 of the laws of 2006,
  are amended to read as follows:

    1. The department shall establish an organ and tissue donor  registry,
  which shall be called and be referred to as the "donate life registry"[,
  which].  SUCH  REGISTRY  shall  contain a listing of all donors who have
  declared their consent to make an anatomical gift.
    2. Such registration of consent to make an anatomical gift can be made
  through (a) indication made on the application  or  renewal  form  of  a
  license,  (b) indication made on a non-driver identification card appli-
  cation or renewal form, (c) enrolling in the registry website maintained
  by the department, which  may  include  using  an  electronic  signature
  [under  regulations of the commissioner and] subject to article three of
  the state technology law, (d) indication made on  a  voter  registration
  form  pursuant to subdivision five of section 5-210 of the election law,
  or (e) through any other method  identified  by  the  commissioner.  The
  registration  shall  take effect upon the [department sending] PROVISION
  OF written OR ELECTRONIC  notice  of  the  registration  to  the  person
  enrolling in the registry. [In making regulations on using an electronic
  signature  for a registration of consent, the commissioner shall consult
  with the director of the office of technology.]
    3. (a) Information contained in the registry shall  be  accessible  to
  (i) federally [regulated] DESIGNATED organ procurement [agencies] ORGAN-
  IZATIONS,  (ii) eye and tissue banks licensed by the department pursuant
  to article forty-three-B of this chapter, AND  (iii)  any  other  entity
  formally approved by the commissioner.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14752-03-2

 A. 9901                             2

    (b) The information contained in the registry shall not be released to
  any person except as expressly authorized by this section solely for the
  purpose  of identifying potential organ and tissue donors at or near the
  time of death.
    S  2.  Subdivision  1  of  section 307 of the state technology law, as
  amended by chapter 161 of the laws  of  2010,  is  amended  to  read  as
  follows:

    1.  To  any  document providing for the disposition of an individual's
  person or property upon death or incompetence, or appointing a fiduciary
  of an individual's person or property,  including,  without  limitation,
  wills, trusts, decisions consenting to orders not to resuscitate, powers
  of attorney and health care proxies, with the exception of: (a) contrac-
  tual  beneficiary  designations;  and  (b)  the  registration of making,
  AMENDING, OR REVOKING  an  anatomical  gift  under  section  forty-three
  hundred  ten  of  the  public  health  law [under regulations under that
  section].
    S 3. This act shall take effect immediately.