Bill S2052A-2013

Authorizes 15-17 year olds to register to donate organs and tissue upon their death

Authorizes 15-17 year olds to register to donate organs and tissue upon their death; provides that parents or a legal guardian shall be notified and can rescind such decision to donate organs or tissue at the time of death; requires that the parent or legal guardian sign the registration along with the 15-17 year old and that such registration may be submitted by mail, in person, or electronically.

Details

Actions

  • May 9, 2014: PRINT NUMBER 2052A
  • May 9, 2014: AMEND AND RECOMMIT TO HEALTH
  • Jan 8, 2014: REFERRED TO HEALTH
  • Jan 10, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S2052A

TITLE OF BILL: 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

PURPOSE: The New York State Public Health law does not provide a mechanism for people under the age of 18 years of age to register in the Donate Life Registry however this legislation will amend the current law to do so.

SUMMARY OF PROVISIONS:

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:

(b) Any individual of sound mind and age of fifteen 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, 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article, or has otherwise given written authorization for organ or tissue donation, authorization for donation may be rescinded by a rejection by either parent or legal guardian of the person of the decedent at the time of his or her death.

§ 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 eighteen 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 vehicle, and at the department which shall enable an individual between the ages of fifteen and seventeen 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 department of motor vehicles shall accept such registration of consent by mail, in person, or by electronic submission.

EXISTING LAW:

§ 4301. Persons who may execute an anatomical gift. 1. 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

§ 2. Section 4310 of the public health law is amended by adding a new subdivision 2-a as shown above

JUSTIFICATION: The New York State Public Health law currently does not provide a mechanism for people less than 18 years of age to register in the Donate Life Registry. Without this mechanism young people wishing to participate in the donor program are left with no choice but to be excluded. This is unfortunate considering the much needed organ donors and those people on the waiting on list for an organ or tissue transplant. At times many of these people sit on lists for extended periods of time. Although an untimely death of a young person is tragic to say the least, sitting on that waiting list reduces the quality of life for that individual. We as members of a great society must always search for ways to help better the lives of our neighbors. This legislation once passed will amend the current law to allow a person under the age of 18 an opportunity to show his/her intent, in the event of an untimely death, by being allowed to register with the Donate Life Registry. Registering will not however take away parent's rights in the event of that child's death prior to age 18. If that child should meet an unfortunate death, the parent will still have the option to refuse removal of any organ, tissue or fluid from the child's body.

A person between the ages of 15-17 years old cannot register in the Donate Life Registry using the intent for the purpose of donating organs in the event of his/her death.

Anyone wishing to register in the Donate of Life Registry will be allowed to do so by going to the local Department of Motor Vehicles and filling out a donor's card. This person must provide proof of age by showing a birth certificate, an ID provided by the local policing agency indicating the age of the person or a valid driver's license. That person will then be entered into the Donor of Life Registry. The next time this individual gets or renews a driver license a symbol of a heart will appear on his/her license to identify that person as a donor. If a person does not possess a driver's license, he/she will receive a donor card which indicates this individual as a donor.

LEGISLATIVE HISTORY: 2011-12: S7457 (BONACIC) - REPORTED AND COMMITTED TO RULES 2011-12 A8860 (Latimer) - Referred to Codes

FISCAL IMPLICATIONS: Minimal but to be determined

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act will take effect immediately after passage by the Assembly the Senate and signed by the Governor.


Text

STATE OF NEW YORK ________________________________________________________________________ 2052--A 2013-2014 Regular Sessions IN SENATE January 10, 2013 ___________
Introduced by Sens. LATIMER, BRESLIN, DILAN, MONTGOMERY, SAMPSON, SERRA- NO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 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.

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