Enacts Lauren's law in relation to directing the commissioner of health to ensure that space is provided on any consent application so that the applicant shall register or decline registration in the New York state donate life registry for organ and tissue donations.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
BILL NUMBER:S3885A REVISED 06/20/11
TITLE OF BILL: An act to amend the public health law, in relation to directing the commissioner of health to ensure that space is provided on any consent application so that the applicant shall register or decline registration in the New York state donate life registry for organ and tissue donations
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to change existing law so that individuals who apply for a New York State Drivers License must complete the section of the application as it pertains to the organ donor registry. The applicant must check the box for either "yes", "no" or "not at this time" under the organ donor registry section of the application. The state shall not keep any records of any persons who choose "no" or "not at this time".
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend provisions of the vehicle and traffic law:
§1 This act shall be known and may be cited as "Lauren's Law".
§2 Subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 639 of the laws of 2006, is amended to change the license application procedures to require the commissioner ensure that space is provided on the application so that the applicant shall register or decline registration in the New York State donate life registry for organ and tissue donations. However, the State is not required to keep any record of any persons choosing to decline registration in the New York State donate life registry.
JUSTIFICATION: According to the New York State Organ Donor Network, New York state currently has the lowest Donor Designation Rate (DCR) in the United States. In total, only 11% of eligible donors are currently enrolled in The New York State Organ and Tissue Registry.
This number starkly contrasts to the national average of 4.3%. In some states, such as Utah and Iowa, the DDR ranges between 55-70%. This bill will create a new model for organ and tissue donation that is aimed at significantly increasing that percentage while taking into consideration all of the individual rights of persons to decline enrollment into the program.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE PATE: This act shall take effect on the one hundred and twentieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3885--A Cal. No. 318 2011-2012 Regular Sessions IN SENATE March 8, 2011 ___________Introduced by Sens. CARLUCCI, KLEIN, KRUEGER, PERKINS, SAVINO, STAVISKY, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to directing the commissioner of health to ensure that space is provided on any consent application so that the applicant shall register or decline registra- tion in the New York state donate life registry for organ and tissue donations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Lauren's law". S 2. Subdivision 2 of section 4310 of the public health law, as amended by chapter 161 of the laws of 2010, is amended to read as follows: 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 COMMISSIONER SHALL FURTHER ENSURE THAT SPACE IS PROVIDED ON ANY CONSENT APPLICATION SO THAT THE APPLICANT SHALL REGISTER OR DECLINE REGISTRATION IN THE NEW YORK STATE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS UNDER THIS SECTION AND THAT THE FOLLOWING IS STATED ON THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10039-07-1 S. 3885--A 2
APPLICATION: "WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES', 'NO', OR CHECK BOX FOR 'NO' AT THIS TIME". THE DEPARTMENT SHALL NOT MAINTAIN ANY RECORDS OF ANY PERSON WHO CHECKS "'NO' AT THIS TIME". The registration shall take effect upon the department sending written 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. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.