Bill Text: NY A04990 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 4990 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Authorizes persons 16 years of age or older to make an anatomical gift.

Spectrum: Moderate Partisan Bill (Democrat 41-12)

Status: (Introduced - Dead) 2016-06-09 - substituted by s5313a [A04990 Detail]

Download: New_York-2015-A04990-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4990
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF, FAHY --
         read once and referred 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:
    1    Section 1.  Subdivision 1 of section 4301 of the public health law, as
    2  amended by chapter 348 of the laws  of  2009,  is  amended  to  read  as
    3  follows:
    4    1.  (A) Any individual of sound mind and eighteen years of age or more
    5  may give all or any part of his or her body for any purpose specified in
    6  section forty-three hundred two of this article, the gift to take effect
    7  upon death. In any case where the donor has properly executed  an  organ
    8  donor  card,  driver's license authorization to make an anatomical gift,
    9  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
   10  four  of  the  vehicle and traffic law, registered in the New York state
   11  organ and tissue donor registry under section forty-three hundred ten of
   12  this article, or has otherwise given written authorization for organ  or
   13  tissue donation, authorization for donation shall not be rescinded by an
   14  objection  by a member of any of the classes specified in paragraphs (a)
   15  through (h) of subdivision two of this section, except  upon  a  showing
   16  that the donor revoked the authorization.
   17    (B) ANY INDIVIDUAL OF SOUND MIND AND FIFTEEN YEARS OF AGE OR MORE, BUT
   18  LESS  THAN EIGHTEEN YEARS OF AGE, MAY GIVE ALL OR ANY PART OF HIS OR HER
   19  BODY FOR ANY PURPOSE SPECIFIED IN SECTION  FORTY-THREE  HUNDRED  TWO  OF
   20  THIS  ARTICLE,  THE  GIFT  TO TAKE EFFECT UPON DEATH; PROVIDED, HOWEVER,
   21  THAT EVEN IN ANY CASE WHERE THE DONOR HAS  PROPERLY  EXECUTED  AN  ORGAN
   22  DONOR  CARD,  DRIVER'S LICENSE AUTHORIZATION TO MAKE AN ANATOMICAL GIFT,
   23  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  FIVE  HUNDRED
   24  FOUR  OF  THE  VEHICLE  AND  TRAFFIC LAW, OR HAS OTHERWISE GIVEN WRITTEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03736-01-5
       A. 4990                             2
    1  AUTHORIZATION FOR ORGAN OR TISSUE DONATION, IF  AT  TIME  OF  DEATH  THE
    2  DONOR  IS LESS THAN EIGHTEEN YEARS OF AGE, THE PARENTS OR LEGAL GUARDIAN
    3  OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH SHALL BE NOTIFIED  PRIOR
    4  TO  THE  REMOVAL  OF  ANY  ORGAN  FOR DONATION AND THE AUTHORIZATION FOR
    5  DONATION MAY BE RESCINDED BY A REJECTION BY EITHER PARENT OR  THE  LEGAL
    6  GUARDIAN OF THE DECEDENT AT SUCH TIME.
    7    S  2. Section 4310 of the public health law is amended by adding a new
    8  subdivision 2-a to read as follows:
    9    2-A. AN INDIVIDUAL FIFTEEN YEARS OF AGE OR MORE, BUT LESS  THAN  EIGH-
   10  TEEN  YEARS OF AGE, WHO CONSENTS TO MAKE AN ANATOMICAL GIFT MAY REGISTER
   11  HIS OR HER CONSENT BY ANY OF THE METHODS PROVIDED IN SUBDIVISION TWO  OF
   12  THIS  SECTION,  PROVIDED,  HOWEVER,  THAT  SUCH  REGISTRATION SHALL ALSO
   13  REQUIRE A SIGNATURE BY EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON
   14  REGISTERING HIS OR HER CONSENT. THE DEPARTMENT SHALL ESTABLISH A FORM TO
   15  BE AVAILABLE IN SCHOOLS, AT THE DEPARTMENT OF MOTOR VEHICLES, AND AT THE
   16  DEPARTMENT WHICH SHALL ENABLE AN INDIVIDUAL LESS THAN EIGHTEEN YEARS  OF
   17  AGE, TO REGISTER HIS OR HER CONSENT TO MAKE AN ANATOMICAL GIFT AND WHICH
   18  PROVIDES  A SIGNATURE LINE FOR THE PARENT OR LEGAL GUARDIAN, IN ADDITION
   19  TO THE SIGNATURE LINE FOR THE INDIVIDUAL. THE DEPARTMENT AND THE DEPART-
   20  MENT OF MOTOR VEHICLES SHALL ACCEPT  SUCH  REGISTRATION  OF  CONSENT  BY
   21  MAIL, IN PERSON, OR BY ELECTRONIC SUBMISSION.
   22    S 3. This act shall take effect immediately.