This bill has been amended

Bill S7103-2011

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications

Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications.

Details

Actions

  • May 30, 2012: ADVANCED TO THIRD READING
  • May 23, 2012: 2ND REPORT CAL.
  • May 22, 2012: 1ST REPORT CAL.876
  • Apr 27, 2012: REFERRED TO HEALTH

Meetings

Votes

VOTE: COMMITTEE VOTE: - Health - May 22, 2012
Ayes (15): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, Seward, Young, Adams, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins, Peralta
Ayes W/R (1): Duane
Excused (1): McDonald

Memo

BILL NUMBER:S7103                REVISED 05/10/12

TITLE OF BILL: An act to amend the public health law, the election law and the vehicle and traffic law, in relation to establishing Lauren's law

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to increase participation in New York organ donor registry.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The act shall be cited as "Lauren's Law."

Section 2. The bill amends the public health law to require the commissioner to ensure that there is space provided on any consent application, such as but not limited to, an application or renewal form of a license, non-driver identification card application or renewal form to register or decline registration in the donate life registry. On the application, in clear and conspicuous writing, an individual would be required to check either "yes" or "not at this time" when answering the question "Would you like to be added to the Donate life registry?"

The bill also provides that the commissioner does not have to maintain records of any person who checks "not at this time." Failure to check a box will not impair the validity of the application and failure to check "yes" or checking "not at this time" will not be interpreted as a wish not to donate.

If an applicant is not 18 years of age, checking "yes" will not constitute consent to make an anatomical gift. And where an applicant has previously consented to make an anatomical gift or registered in the donate life registry checking "not at this time" or failing to check a box will not impair this previous consent or registration.

This sections also provides that the department may send written or electronic notification of registration to the person enrolling in the Donate Life Registry.

Sections 3-5. Amend the various sections of law pertaining to voter registration, application or renewal form of a license and non-driver identification card application to add the language from section 2 of the bill.

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 43%. 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: Similar to S.3885-A which passed the Senate on 4/13/11 and 6/20/11.

FISCAL IMPLICATIONS: None.

EFFECTIVE PATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7103 IN SENATE April 27, 2012 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the election law and the vehicle and traffic law, in relation to establishing Lauren's law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. 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 DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS UNDER THIS SECTION AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'." THE COMMISSIONER SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDI- TY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE
DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. 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] FOR technology. S 3. Subparagraph (xii) of paragraph (k) of subdivision 5 of section 5-210 of the election law, as added by chapter 362 of the laws of 2008, is amended to read as follows: (xii) A space for the applicant to register in the New York state donate life registry for organ and tissue donations established pursuant to section forty-three hundred ten of the public health law[.] WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR FAIL- ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. S 4. Subdivision 2 of section 490 of the vehicle and traffic law, as amended by chapter 575 of the laws of 2006, is amended to read as follows: 2. Application. Any person to whom a driver's license or learner's permit has not been issued by the commissioner, or whose driver's license or learner's permit is expired, suspended, revoked or surren- dered, may make application to the commissioner for the issuance of an identification card. THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON THE APPLICATION SO THAT THE APPLICANT SHALL REGISTER OR DECLINE REGISTRATION IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATIONS PURSUANT TO SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW AND THAT THE FOLLOWING IS STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR FAIL- ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. S 5. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by section 1 of part D of chapter 58 of the laws of 2012, is amended to read as follows:
1. Application for license. Application for a driver's license shall be made to the commissioner. The fee prescribed by law may be submitted with such application. The applicant shall furnish such proof of identi- ty, age, and fitness as may be required by the commissioner. The commis- sioner may also provide that the application procedure shall include the taking of a photo image or images of the applicant in accordance with rules and regulations prescribed by the commissioner. In addition, the commissioner also shall require that the applicant provide his or her social security number and SHALL provide space on the application so that the applicant may register in the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law[.] WITH THE FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE: "YOU MUST FILL OUT THE FOLLOWING SECTION: WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'NOT AT THIS TIME'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "NOT AT THIS TIME". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "NOT AT THIS TIME" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR REGIS- TERED IN THE DONATE LIFE REGISTRY, CHECKING "NOT AT THIS TIME" OR FAIL- ING TO CHECK A BOX SHALL NOT IMPAIR THAT CONSENT OR REGISTRATION. In addition, an applicant for a commercial driver's license who will oper- ate a commercial motor vehicle in interstate commerce shall certify that such applicant meets the requirements to operate a commercial motor vehicle, as set forth in public law 99-570, title XII, and title 49 of the code of federal regulations, and all regulations promulgated by the United States secretary of transportation under the hazardous materials transportation act. In addition, an applicant for a commercial driver's license shall submit a medical certificate at such intervals as required by the federal motor carrier safety improvement act of 1999 and Part 383.71(h) of title 49 of the code of federal regulations relating to medical certification and in a manner prescribed by the commissioner. For purposes of this section and sections five hundred three, five hundred ten-a, and five hundred ten-aa of this title, the terms "medical certificate" and "medical certification" shall mean a form substantially in compliance with the form set forth in Part 391.43(h) of title 49 of the code of federal regulations. Upon a determination that the holder of a commercial driver's license has made any false statement, with respect to the application for such license, the commissioner shall revoke such license. S 6. This act shall take effect on the sixtieth day after it shall have become a law.

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