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.

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S7457-2011 Actions

• Jun 11, 2012: REPORTED AND COMMITTED TO RULES
• May 22, 2012: REFERRED TO HEALTH

S7457-2011 Meetings

Health: Jun 11, 2012

S7457-2011 Votes

S7457-2011 Memo

BILL NUMBER:S7457

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  eigh-
teen (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donation may be rescinded by a rejection by either parent or legal guar-
dian 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  mech-
anism  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.

S7457-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7457

                              I N  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 MAY

   EXPLANATION--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.