Sponsor:
DUANE
Co-sponsor(s): SERRANO, SQUADRON
Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law
Co-sponsor(s): SERRANO, SQUADRON
Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law
S7725 Summary
Provides that individuals must opt out of organ donation.S7725 Actions
S7725 - REFERRED TO TRANSPORTATION - May 5, 2010S7725 Memo
BILL NUMBER: S7725
TITLE OF BILL : An act to amend the vehicle and traffic law and the public health law, in relation to organ donation
PURPOSE : The purpose of this legislation is to change existing law so that individuals who apply for a New York State Drivers License can "Opt-Out" of being an organ donor rather can register into the program as is the case under current law. Under this law, all persons are considered members of the New York State Organ and Tissue Registry unless they state otherwise.
SUMMARY OF PROVISIONS : This bill would amend provisions of traffic law and public health law to:
? 1 Amend license application procedures to effectively reverse the method by which new licensees register to become an Organ Donor. Under the new law, licensees have to decline to be enrolled in the New York State Organ and Tissue Registry or else they will be automatically enrolled. ?2 Amend public health law to state the same in regards to the automatic registration into the New York State Organ and Tissue Registry unless there is an expressed intention to do otherwise.
JUSTIFICATION : According to the national organization, Donate Life America, New York State's exceptionally low number of registered organ donors (13% of people 18 and older) ranks 47th in the United States and is far behind the national average of 37%. Furthermore, the number of New Yorkers currently enrolled in the New York State Organ and Tissue Registry puts New York in last place for those states reporting with donor registries.
While New York is languishing at or near the bottom based on most accepted measures, approximately 10,000 New Yorkers are on the national waiting list for organs in literally a "life-and-death" waiting game. This bill will make New York State the first in the nation to adopt what is widely considered the full and complete "Presumed Consent" model for organ donation. This system is widely implemented in twenty-four nations throughout the world, and has been approved in principle by many of the nation's leading transplant doctors. The current failed New York system requires individuals to "opt-in" (sign-up) on a registry to become an organ donor. Presumed consent is, quite simply, a system where the presumption is that individuals want to donate organs after their death. This will potentially increase the number of available donors and save countless lives over time. The lasting positive impact of a presumed consent system is of incalculable value. The legislation respects the wishes of those who have personal or religious reasons for not being members of the registry by providing a legal mechanism to "opt-out" (exclude themselves) from the program for whatever their reasons may be without any questions being asked.
LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
S7725 Text
S T A T E O F N E W Y O R K7725
I N SENATE May 5, 2010
Introduced by Sens. DUANE, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public health law, in relation to organ donation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 639 of the laws of 2006, 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 provide space on the application so that the applicant may [register in] OPT-OUT OF the New York state organ and tissue donor registry under section forty-three hundred ten of the public health law. IF THE APPLICANT DOES NOT DECLINE TO BE REGISTERED IN THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY THEY WILL BE AUTOMAT ICALLY ENROLLED. In addition, an applicant for a commercial driver's license who will operate 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. 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 commis sioner shall revoke such license. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15737-01-0
S. 7725 2
S 2. 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. 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,] HAS CHOSEN NOT TO OPT-OUT OF THE NEW YORK STATE ORGAN AND TISSUE DONOR REGISTRY ON A DRIVER'S LICENSE APPLICATION 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.
S 3. This act shall take effect immediately.
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