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.
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 OR GENERAL IDEA OF BILL: This legislation provides a mechanism for people under the age of eighteen (18) to register in the Donate Life Registry.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends subdivision 1 of section 4301 of the public health law to provide that an individual between the ages of fifteen (15) and (17) may register for the New York State Organ and Tissue Donor Registry to make an anatomical gift upon death, however such authorization for donation may be rescinded by a rejection by either parent or legal guardian of the decedent at the time of his or her death.
Section 2. Amends section 4310 of the public health law by adding a new subdivision 2-a which provides that the Department of Health shall establish a form to be available in schools, Department of Health and Department of Motor Vehicles, to allow an individual between (15) and (17) years of age to register for the New York State Organ and Tissue Donor Registry with the consent by either a parent or legal guardian of the person registering.
Section 3. Effective date.
JUSTIFICATION: The New York State Public Health law currently does not provide a mechanism for people under.eighteen (18) years of age to register in the Donate Life Registry. This legislation will amend the current law to allow a person between the ages of fifteen (15) to seventeen (17) an opportunity to show their intent to donate their organs in the event of their death, by being allowed to register with the Donate Life Registry. Registering will not however take away parent's rights to refuse removal of any organ, tissue or fluid in the event of that child's death prior to age eighteen (18).
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7457 IN SENATE May 22, 2012 ___________Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 BETWEEN THE AGES OF FIFTEEN AND SEVENTEEN 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, THE PARENTS OR LEGAL GUARDIAN OF THE PERSON 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 MAYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13617-03-2 S. 7457 2
BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH. 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 BETWEEN THE AGES OF FIFTEEN AND SEVENTEEN 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 BETWEEN THE AGES OF FIFTEEN AND SEVEN- TEEN 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.