Relates to organ donation.

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S6972-2011 Actions

• May 31, 2012: SUBSTITUTED BY A9901
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.818
• Apr 18, 2012: REFERRED TO HEALTH

S6972-2011 Meetings

Health: May 15, 2012

S6972-2011 Calendars

Active List: May 31, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

S6972-2011 Votes

S6972-2011 Memo

BILL NUMBER:S6972

TITLE OF BILL:

An act
to amend the public health law
and the state technology law, in relation to organ donation

PURPOSE:

This bill would revise the New York State Donate Life Registry
("Registry") for organ and tissue donation to: (1) provide that
notice confirming registration through the Registry's website could
be provided in electronic form; and (2) clarify that individuals may
amend or revoke their registration in the Registry through electronic
signature.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Public Health Law ("PHL") � 4310 to
provide that notice to enrollees of their registration in the
Registry need not be "written," clarifying that such notice may be
made by electronic means.

Section 2 of the bill would amend State Technology Law ("STL")
307(1) to allow the use of an electronic signature to amend or
revoke, as well as to provide initial, consent for the making of an
anatomical gift through the Registry.

Section 3 of the bill would provide for an immediate effective date,

EXISTING LAW:

PHL � 4310 requires the Department of Health ("DOH") to establish the
Registry and provides for Registry enrollment as a means by which
individuals can register their consent to make an anatomical gift.

STL � 307 allows the use of an electronic signature for enrollment in
the registry, but otherwise prohibits the use of an electronic
signature for certain other transactions, including documents
providing for the disposition of a person's body upon death. The
current language of the State Technology Law does not clearly
authorize the use of an electronic signature for other Registry
transactions.

LEGISLATIVE HISTORY:

Chapter 161 of the Laws of 2010 permitted the use of an electronic
signature for registration in the Registry.

STATEMENT IN SUPPORT:

Today, approximately 113,000 people - 9,700 of them New Yorkers - are
on the national waiting list for organ transplants. On average, 18
people die every day in the United States, because they did not
receive a desperately needed organ. Organ donation can made by a
deceased donor, who can elect to donate his or her kidneys, pancreas,
liver, lungs, heart and/or intestinal organs, or a living donor, who
can give a kidney, or a portion of the liver, lung, intestine, or
pancreas. In addition, various types of tissues can be donated and
used to enhance health or save lives. For example, donated skin can
be used to help someone recover from severe burns, and a donated
heart valve can help repair a cardiac defect. The tissues donated by
one person can positively impact the lives of over 50 other people.
Moreover, a donated cornea can help preserve or restore the sight of
the recipient.

In New York, an individual who is at least 18 years old may make a
gift, effective upon death, of any part of his or her body (including
organs, tissues and eyes) for the purpose of transplantation or
medical research by registering with the Registry. Individuals can
consent to make such a gift by: (1) indicating consent when applying
for or renewing a driver's license or a non-driver's identification
card at the Department of Motor Vehicles; (2) signing a consent form
when registering to vote with a county board of elections; (3)
filling out a Registry enrollment form with a local organ procurement
organization or tissue bank; (4) signing a form, available from the
DOH website and returning it by mail to DOH; and (5) enrolling
through the Registry website to register electronically by use of an
electronic signature. This last option has only recently become
available in New York, but its ease of use is anticipated to
substantially increase the number of enrollees within the State - a
desperately needed improvement, given that New York State currently
has one of the lowest registration rates in the nation.

To further enhance the convenience of the electronic signature option,
this bill would provide that in addition to initially enrolling in
the Registry through the website, individuals may also amend or
revoke their registration through such means. In addition, the bill
clarifies that notice of an individual's registration - which must
be provided to such person upon his or her enrollment in the Registry
- could be written or electronic, permitting such notice to be made
by electronic means when appropriate.

BUDGET IMPLICATIONS:

This bill is not anticipated to have a fiscal impact on the State.

EFFECTIVE DATE:

This bill would take effect immediately.

S6972-2011 Text

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

                                    6972

                              I N  SENATE

                               April 18, 2012
                                 ___________

  Introduced by Sen. HANNON -- (at request of the Department of Health) --
    read  twice  and  ordered printed, and when printed to be committed 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

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

 S. 6972                             2

  to article forty-three-B of this chapter, AND  (iii)  any  other  entity
  formally approved by the commissioner.
    (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.