Permits an electronic signature to register consent to make an anatomical gift.
BILL NUMBER: S4999A
TITLE OF BILL :
An act to amend the public health law and the state technology law, in relation to permitting an electronic signature to make an anatomical gift
This bill would permit individuals who wish to make an anatomical gift the ability to register their consent through electronic signature.
SUMMARY OF PROVISIONS :
Section 1: Amends section 4310 of tile public health law to permit anatomical gifts to be made through electronic signature.
Section 2: Makes conforming amendment to section 307 of the state technology law to permit anatomical gifts to be made through electronic signature.
Section 3: Provides for immediate effective date.
EXISTING LAW :
Existing law does not permit anatomical gifts to be made through electronic signature.
This bill would ease the process for organ donation and thereby increase the numbers of New Yorkers who will make anatomical gifts. Increasing anatomical gifts is a vital public health goal for the State of New York.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS :
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4999--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. DUANE -- 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 committee AN ACT to amend the public health law and the state technology law, in relation to permitting an electronic signature to make an anatomical gift THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 4310 of the public health law, as amended by chapter 362 of the laws of 2008, 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 regis- tration 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 2. Subdivision 1 of section 307 of the state technology law, such section as renumbered by chapter 437 of the laws of 2004, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11421-02-0 S. 4999--A 2
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 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.