Bill S7103A-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.

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  • Jun 20, 2012: SUBSTITUTED BY A10039B
  • Jun 18, 2012: AMENDED ON THIRD READING (T) 7103A
  • 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

Memo

BILL NUMBER:S7103A

TITLE OF BILL: An act to amend the public health law and the vehicle and traffic law, in relation to establishing Lauren's law; and providing for the repeal of such provisions upon expiration thereof

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" or "skip this question" under the organ donor registry section of the application.

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 "skip this question" 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 "skip this question." Failure to check a. box will not impair the validity of the application and failure to check"yes" or checking "skip this question" will not be interpreted as a wish not to donate.

Sections 3 Amends the public health law requiring that when an anatomical gift is made, the donor shall indicate that the donor has no knowledge of contrary intentions by the decedent and is not contrary to the decedents religious beliefs.

Section 4 and 5 Amends the vehicle and traffic law to allow on the application for a driver's license or learner's permit in clear and conspicuous writing, an individual would be required to check either "yes" or "skip this question" when answering the question "Would you like to be added to the Donate life registry?"

JUSTIFICATION: According to the New York State Organ Donor Network, New York State currently has the lowest Donor Designation Rate (DDR) 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 65-70%. 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 in 2011. 2011: A.10039: Passed Assembly Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: One year after it shall have become a law; provided that the commissioners of health and motor vehicles may implement sections two, four and five of this act within their respective jurisdictions before that date; and provided, further, that the provisions of this act shall expire and be deemed repealed three years after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 7103--A Cal. No. 876 IN SENATE April 27, 2012 ___________
Introduced by Sens. CARLUCCI, GRISANTI, KLEIN, SAVINO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law and the vehicle and traffic law, in relation to establishing Lauren's law; and providing for the repeal of such provisions upon expiration thereof 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. WHERE REQUIRED BY LAW FOR CONSENT FORMS DESCRIBED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE THAT SPACE IS PROVIDED ON ANY CONSENT FORM 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 FORM 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 'SKIP THIS QUES- TION'."
THE COMMISSIONER SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUESTION" 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 "SKIP THIS QUESTION" 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. Subdivision 5 of section 4303 of the public health law, as added by chapter 466 of the laws of 1970, is amended to read as follows: 5. Any gift by a person designated in subdivision two of section four thousand three hundred one of this article shall be by a document signed by him OR HER or made by his OR HER telegraphic, recorded telephonic, or other recorded message. WHERE A GIFT IS MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE DOCUMENT OR MESSAGE THAT HE OR SHE HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN AGENT OF THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHERWISE DETERMINE THAT THE DONOR HAS NO ACTUAL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS. 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 'SKIP THIS QUES- TION'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUESTION" 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 "SKIP THIS QUESTION" OR FAILING 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 'SKIP THIS QUES- TION'." THE COMMISSIONER OF THE DEPARTMENT OF HEALTH SHALL NOT MAINTAIN RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUESTION" 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 "SKIP THIS QUESTION" OR FAILING 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 one year after it shall have become a law; provided that the commissioners of health and motor vehicles may implement sections two, four and five of this act within their respec- tive jurisdictions before that date; and provided, further, that the provisions of this act shall expire and be deemed repealed three years after such effective date.

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