Bill Text: NY A00195 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, the election law and the vehicle and traffic law, in relation to creating a state brain donor registry
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A00195 Detail]
Download: New_York-2009-A00195-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
195
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. CUSICK -- read once and referred 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 creating a state brain donor registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 4311 to read as follows:
3 S 4311. NEW YORK STATE BRAIN DONOR REGISTRY. 1. THE DEPARTMENT SHALL
4 ESTABLISH A BRAIN DONOR REGISTRY, WHICH SHALL CONTAIN A LISTING OF ALL
5 BRAIN DONORS WHO HAVE DECLARED THEIR CONSENT TO MAKE AN ANATOMICAL GIFT
6 OF THEIR BRAINS FOR THE PURPOSE OF MEDICAL RESEARCH REGARDING DEVELOP-
7 MENTAL DISABILITIES, INCLUDING BUT NOT LIMITED TO AUTISM SPECTRUM DISOR-
8 DERS OR CEREBRAL PALSY.
9 2. SUCH REGISTRATION OF CONSENT TO MAKE AN ANATOMICAL GIFT CAN BE MADE
10 THROUGH (A) INDICATION MADE ON THE APPLICATION OR RENEWAL FORM OF A
11 LICENSE, (B) INDICATION MADE ON A NON-DRIVER IDENTIFICATION CARD APPLI-
12 CATION OR RENEWAL FORM, (C) ENROLLING IN THE REGISTRY WEBSITE MAINTAINED
13 BY THE DEPARTMENT, (D) INDICATION MADE ON A VOTER REGISTRATION FORM
14 PURSUANT TO SUBDIVISION FIVE OF SECTION 5-210 OF THE ELECTION LAW, OR
15 (E) THROUGH ANY OTHER METHOD IDENTIFIED BY THE COMMISSIONER. THE REGIS-
16 TRATION SHALL TAKE EFFECT UPON THE DEPARTMENT SENDING WRITTEN NOTICE OF
17 THE REGISTRATION TO THE PERSON ENROLLING IN THE REGISTRY.
18 3. (A) INFORMATION CONTAINED IN THE REGISTRY SHALL BE ACCESSIBLE TO
19 ANY ENTITY FORMALLY APPROVED BY THE COMMISSIONER.
20 (B) THE INFORMATION CONTAINED IN THE REGISTRY SHALL NOT BE RELEASED TO
21 ANY PERSON EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION SOLELY FOR THE
22 PURPOSE OF IDENTIFYING POTENTIAL BRAIN DONORS AT OR NEAR THE TIME OF
23 DEATH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01271-01-9
A. 195 2
1 4. IF THE DEPARTMENT HAD AN ESTABLISHED REGISTRY PRIOR TO THE EFFEC-
2 TIVE DATE OF THIS SECTION, IT SHALL BE DEEMED TO MEET THE REQUIREMENTS
3 OF THIS SECTION.
4 5. A PERSON REGISTERED IN THE BRAIN DONOR REGISTRY BEFORE THE EFFEC-
5 TIVE DATE OF THIS SUBDIVISION SHALL BE DEEMED TO HAVE EXPRESSED INTENT
6 TO DONATE, UNTIL AND UNLESS HE OR SHE FILES AN AMENDMENT TO HIS OR HER
7 REGISTRATION OR A NEW REGISTRATION EXPRESSING CONSENT TO DONATE.
8 6. THE COMMISSIONER SHALL CONTACT EACH PERSON REGISTERED BEFORE THE
9 EFFECTIVE DATE OF THIS SUBDIVISION IN THE BRAIN DONOR REGISTRY IN WRIT-
10 ING TO INFORM HIM OR HER THAT AT THE TIME HE OR SHE REGISTERED, THE
11 REGISTRY WAS THAT OF INTENT AND THAT THE REGISTRY IS NOW ONE OF CONSENT,
12 TO EXPLAIN IN CLEAR AND UNDERSTANDABLE TERMS THE DIFFERENCE BETWEEN
13 INTENT AND CONSENT, AND TO PROVIDE OPPORTUNITY FOR THE PERSON TO CHANGE
14 HIS OR HER REGISTRATION TO PROVIDE CONSENT BY AMENDING HIS OR HER
15 CURRENT REGISTRATION OR EXECUTING A NEW REGISTRATION.
16 7. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
17 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
18 S 2. Subdivisions 1 and 3 of section 4301 of the public health law, as
19 amended by chapter 639 of the laws of 2006, are amended to read as
20 follows:
21 1. Any individual of sound mind and eighteen years of age or more may
22 give all or any part of his or her body for any purpose specified in
23 section four thousand three hundred two of this article, the gift to
24 take effect upon death. In any case where the donor has properly
25 executed an organ donor card OR A BRAIN DONOR CARD, driver's license
26 authorization to make an anatomical gift, pursuant to paragraph (a) of
27 subdivision one of section five hundred four of the vehicle and traffic
28 law, registered in the New York state organ and tissue donor registry
29 under section forty-three hundred ten of this article, REGISTERED IN THE
30 NEW YORK STATE BRAIN DONOR REGISTRY UNDER SECTION FORTY-THREE HUNDRED
31 ELEVEN OF THIS ARTICLE or has otherwise given written authorization for
32 BRAIN, organ or tissue donation, authorization for donation shall not be
33 rescinded by an objection by a member of any of the classes specified in
34 paragraphs (a) through (f) of subdivision two of this section, except
35 upon a showing that the donor revoked the authorization.
36 3. The donee shall not accept the gift under the following circum-
37 stances:
38 (a) the donee has actual notice of contrary indication by the dece-
39 dent;
40 (b) where the donor has not properly executed an organ donor card OR
41 BRAIN DONOR CARD, driver's license authorization to make an anatomical
42 gift, pursuant to paragraph (a) of subdivision one of section five
43 hundred four of the vehicle and traffic law, registered in the New York
44 state organ and tissue donor registry under section forty-three hundred
45 ten of this article, REGISTERED IN THE NEW YORK STATE BRAIN DONOR REGIS-
46 TRY UNDER SECTION FORTY-THREE HUNDRED ELEVEN OF THIS ARTICLE or other-
47 wise given written authorization for BRAIN, organ or tissue donation, or
48 has revoked any such authorization, and the gift is opposed by a person
49 or persons in the highest priority available of the classes specified in
50 paragraph (a), (b), (c), (d) or (e) of subdivision two of this section;
51 or
52 (c) the donee has reason to believe that an anatomical gift is contra-
53 ry to the decedent's religious or moral beliefs.
54 S 3. Paragraph (k) of subdivision 5 of section 5-210 of the election
55 law is amended by adding a new subparagraph (xiii) to read as follows:
A. 195 3
1 (XIII) A SPACE FOR THE APPLICANT TO REGISTER IN THE NEW YORK STATE
2 BRAIN DONOR REGISTRY FOR BRAIN TISSUE DONATIONS ESTABLISHED PURSUANT TO
3 SECTION FORTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
4 S 4. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
5 traffic law, as amended by chapter 600 of the laws of 1989, is amended
6 to read as follows:
7 (b) The identification card shall contain a distinguishing number or
8 mark and adequate space upon which THE HOLDER MAY RECORD THE DONATION OF
9 an anatomical gift OF THEIR ORGAN, TISSUE OR BRAIN, pursuant to article
10 forty-three of the public health law, [by the holder may be recorded]
11 and SUCH CARD shall contain such other information and shall be issued
12 in such form as the commissioner shall determine; provided, however,
13 every identification card or renewal thereof issued to a person under
14 the age of twenty-one years shall have prominently imprinted thereon the
15 statement "UNDER 21 YEARS OF AGE" in notably distinctive print or
16 format. The commissioner shall not require fees for the issuance of such
17 identification cards or renewals thereof to persons under twenty-one
18 years of age which are different from the fees required for the issuance
19 of identification cards or renewals thereof to persons twenty-one years
20 of age or over.
21 S 5. Subdivision 1 of section 502 of the vehicle and traffic law, as
22 amended by chapter 639 of the laws of 2006, is amended to read as
23 follows:
24 1. Application for license. Application for a driver's license shall
25 be made to the commissioner. The fee prescribed by law may be submitted
26 with such application. The applicant shall furnish such proof of identi-
27 ty, age, and fitness as may be required by the commissioner. The commis-
28 sioner may also provide that the application procedure shall include the
29 taking of a photo image or images of the applicant in accordance with
30 rules and regulations prescribed by the commissioner. In addition, the
31 commissioner also shall require that the applicant provide his or her
32 social security number and provide space on the application so that the
33 applicant may register in the New York state organ and tissue donor
34 registry under section forty-three hundred ten of the public health law
35 OR THE NEW YORK STATE BRAIN DONOR REGISTRY UNDER SECTION FORTY-THREE
36 HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW. In addition, an applicant for
37 a commercial driver's license who will operate a commercial motor vehi-
38 cle in interstate commerce shall certify that such applicant meets the
39 requirements to operate a commercial motor vehicle, as set forth in
40 public law 99-570, title XII, and title 49 of the code of federal regu-
41 lations, and all regulations promulgated by the United States secretary
42 of transportation under the hazardous materials transportation act. Upon
43 a determination that the holder of a commercial driver's license has
44 made any false statement, with respect to the application for such
45 license, the commissioner shall revoke such license.
46 S 6. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
47 traffic law, as separately amended by chapters 568 and 639 of the laws
48 of 2006, is amended to read as follows:
49 (a) Every license or renewal thereof shall contain a distinguishing
50 mark and adequate space upon which THE LICENSEE MAY RECORD THE DONATION
51 OF an anatomical gift OF THEIR ORGAN, TISSUE OR BRAIN, pursuant to
52 [section] SECTIONS forty-three hundred ten AND FORTY-THREE HUNDRED ELEV-
53 EN of the public health law, [by the licensee shall be recorded] and
54 shall contain such other information and shall be issued in such form as
55 the commissioner shall determine; provided, however, every license or
56 renewal thereof issued to a person under the age of twenty-one years
A. 195 4
1 shall have prominently imprinted upon it the statement "UNDER 21 YEARS
2 OF AGE" in notably distinctive print or format; provided further, howev-
3 er, every license or renewal thereof issued to a person making an
4 anatomical gift shall have prominently printed upon the front of such
5 license or renewal thereof the statement "ORGAN DONOR" OR "BRAIN DONOR"
6 in notably distinctive print or format. The commissioner shall not
7 require fees for the issuance of such licenses or renewals thereof to
8 persons under twenty-one years of age or to persons making an anatomical
9 gift which are different from the fees required for the issuance of
10 licenses or renewals thereof to persons twenty-one years of age or over
11 or to persons not making an anatomical gift.
12 S 7. This act shall take effect on the thirtieth day after it shall
13 have become a law.
