Bill Text: NY A06805 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the NYS brain donor registry: a listing of anatomical gifts made for the purpose of medical research regarding developmental disabilities, including but not limited to autism spectrum disorders or cerebral palsy.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A06805 Detail]

Download: New_York-2019-A06805-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6805
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 20, 2019
                                       ___________
        Introduced  by M. of A. CUSICK, LAVINE, JAFFEE, QUART, CARROLL -- Multi-
          Sponsored by -- M. of A. COOK, GALEF -- 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
          and to repeal certain provisions of the vehicle and traffic law relat-
          ing thereto
          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    §  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10840-01-9

        A. 6805                             2
     1  purpose of identifying potential brain donors at or  near  the  time  of
     2  death.
     3    4.  If  the department had an established registry prior to the effec-
     4  tive date of this section, it shall be deemed to meet  the  requirements
     5  of this section.
     6    5.  A  person registered in the brain donor registry before the effec-
     7  tive date of this subdivision shall be deemed to have  expressed  intent
     8  to  donate,  until and unless he or she files an amendment to his or her
     9  registration or a new registration expressing consent to donate.
    10    6. The commissioner shall contact each person  registered  before  the
    11  effective  date of this subdivision in the brain donor registry in writ-
    12  ing to inform him or her that at the time  he  or  she  registered,  the
    13  registry was that of intent and that the registry is now one of consent,
    14  to  explain  in  clear  and  understandable terms the difference between
    15  intent and consent, and to provide opportunity for the person to  change
    16  his  or  her  registration  to  provide  consent  by amending his or her
    17  current registration or executing a new registration.
    18    7. The commissioner is authorized to promulgate rules and  regulations
    19  necessary to implement the provisions of this section.
    20    §  2.  Subdivisions  1 and 5 of section 4301 of the public health law,
    21  subdivision 1 as amended by chapter 248 of the laws of 2016 and subdivi-
    22  sion 5 as amended by chapter 348 of the laws of  2009,  are  amended  to
    23  read as follows:
    24    1.  (a) Any individual of sound mind and eighteen years of age or more
    25  may give all or any part of his or her body for any purpose specified in
    26  section forty-three hundred two of this article, the gift to take effect
    27  upon death. In any case where the donor has properly executed  an  organ
    28  donor card or a brain donor card, driver's license authorization to make
    29  an  anatomical  gift,  pursuant  to  paragraph (a) of subdivision one of
    30  section five hundred four of the vehicle and traffic law, registered  in
    31  the  New York state organ and tissue donor registry under section forty-
    32  three hundred ten of this article, registered  in  the  New  York  state
    33  brain  donor  registry  under section forty-three hundred eleven of this
    34  article or has otherwise given written authorization for brain, organ or
    35  tissue donation, authorization for donation shall not be rescinded by an
    36  objection by a member of any of the classes specified in paragraphs  (a)
    37  through  (h)  of  subdivision two of this section, except upon a showing
    38  that the donor revoked the authorization.
    39    (b) Any person who is sixteen or seventeen years of age and  of  sound
    40  mind  may give all or any part of his or her body for any purpose speci-
    41  fied in section forty-three hundred two of this  article,  the  gift  to
    42  take  effect  upon  death.  In  any  case  where  the donor has properly
    43  executed an organ donor card or a brain  donor  card,  driver's  license
    44  authorization  to  make an anatomical gift, pursuant to paragraph (a) of
    45  subdivision one of section five hundred four of the vehicle and  traffic
    46  law,  or  has  otherwise given written authorization for brain, organ or
    47  tissue donation, notice of such gift shall be provided  to  the  donor's
    48  parents  or  legal  guardians,  and  authorization  for  donation may be
    49  rescinded or amended by an objection by a parent or  legal  guardian  of
    50  the  donor  at the time of death and prior to the recovery of any brain,
    51  organ or tissue if the donor is less than  eighteen  years  of  age.  An
    52  anatomical gift made by an individual more than sixteen years of age but
    53  less than eighteen shall otherwise not be rescinded, except upon a show-
    54  ing  that  the  donor revoked the authorization. Upon the donor reaching
    55  the age of eighteen, the donor's consent to donate  his  or  her  brain,

        A. 6805                             3
     1  organs  or tissue shall be regarded as consent for authorization to make
     2  an anatomical gift.
     3    5.  The  donee  shall  not accept the gift under the following circum-
     4  stances:
     5    (a) the donee has actual notice of contrary indication  by  the  dece-
     6  dent;
     7    (b)  where  the donor has not properly executed an organ donor card or
     8  brain donor card, driver's license authorization to make  an  anatomical
     9  gift,  pursuant  to  paragraph  (a)  of  subdivision one of section five
    10  hundred four of the vehicle and traffic law, registered in the New  York
    11  state  organ and tissue donor registry under section forty-three hundred
    12  ten of this article, registered in the New York state brain donor regis-
    13  try under section forty-three hundred eleven of this article  or  other-
    14  wise given written authorization for brain, organ or tissue donation, or
    15  has  revoked any such authorization, and the gift is opposed by a person
    16  or persons in the highest priority available of the classes specified in
    17  paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subdivision two of
    18  this section; or
    19    (c) the donee has reason to believe that an anatomical gift is contra-
    20  ry to the decedent's religious or moral beliefs.
    21    § 3. Paragraph (k) of subdivision 5 of section 5-210 of  the  election
    22  law is amended by adding a new subparagraph (xiii) to read as follows:
    23    (xiii)  A  space  for  the applicant to register in the New York state
    24  brain donor registry for brain tissue donations established pursuant  to
    25  section forty-three hundred eleven of the public health law.
    26    §  4. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
    27  traffic law, as amended by chapter 429 of the laws of 2014,  is  amended
    28  to read as follows:
    29    (b)  The  identification card shall contain a distinguishing number or
    30  mark and adequate space upon which the holder may record the donation of
    31  an anatomical gift of their organ, tissue or brain, pursuant to  article
    32  forty-three  of  the  public health law, [by the holder may be recorded]
    33  and such card shall contain such other information and shall  be  issued
    34  in  such  form  as  the commissioner shall determine; provided, however,
    35  every identification card or renewal thereof issued to  a  person  under
    36  the age of twenty-one years shall have prominently imprinted thereon the
    37  statement  "UNDER  21  YEARS  OF  AGE"  in  notably distinctive print or
    38  format. Provided,  further,  however,  that  every  identification  card
    39  issued  to  an  applicant  who  was  a member of the armed forces of the
    40  United States and received an honorable discharge or was released there-
    41  from under honorable conditions shall,  upon  his  or  her  request  and
    42  submission  of proof as set forth herein, contain a distinguishing mark,
    43  in such form as the commissioner shall determine, indicating that he  or
    44  she  is  a veteran. Such proof shall consist of a certificate of release
    45  or discharge from active duty including but not limited to a DD Form 214
    46  or other proof satisfactory to the commissioner. The commissioner  shall
    47  not  require  fees  for  the  issuance  of  such identification cards or
    48  renewals thereof to persons under twenty-one  years  of  age  which  are
    49  different  from  the  fees  required  for the issuance of identification
    50  cards or renewals thereof to persons twenty-one years of  age  or  over,
    51  nor  fees  to persons requesting a veteran distinguishing mark which are
    52  different from fees that would otherwise be required. Provided, however,
    53  that notwithstanding the provisions of section four  hundred  ninety-one
    54  of  this  article,  the  commissioner shall not require any fees for the
    55  duplication or amendment of an identification card prior to its  renewal

        A. 6805                             4
     1  if  such duplication or amendment was solely for the purpose of adding a
     2  veteran distinguishing mark to such identification card.
     3    §  5.  Subdivision  1 of section 502 of the vehicle and traffic law is
     4  REPEALED and a new subdivision 1 is added to read as follows:
     5    1. Application for license. Application for a driver's  license  shall
     6  be  made to the commissioner. The fee prescribed by law may be submitted
     7  with such application. The applicant shall furnish such proof of identi-
     8  ty, age, and fitness as may  be  required  by  the  commissioner.    The
     9  commissioner  may  also  provide  that  the  application procedure shall
    10  include the taking of a photo  image  or  images  of  the  applicant  in
    11  accordance with rules and regulations prescribed by the commissioner. In
    12  addition, the commissioner also shall require that the applicant provide
    13  his  or her social security number and shall provide space on the appli-
    14  cation so that the applicant may register in the New  York  state  organ
    15  and  tissue  donor registry under section forty-three hundred ten of the
    16  public health law or the New  York  state  brain  donor  registry  under
    17  section  forty-three  hundred  eleven  of the public health law with the
    18  following stated on the application in clear and conspicuous type:
    19    "You must fill out the following section:  Would you like to be  added
    20  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    21  tion'.
    22    You must fill out the following section: Would you like to be added to
    23  the New York State Brain Donor Registry? Check box for  'yes'  or  'skip
    24  this question'."
    25    The  commissioner  of  health shall not maintain records of any person
    26  who checks "skip this question".  Except where the application  is  made
    27  in person or electronically, failure to check a box shall not impair the
    28  validity of an application, and failure to check "yes" or checking "skip
    29  this  question" shall not be construed to imply a wish not to donate. In
    30  the case of an applicant under eighteen years  of  age,  checking  "yes"
    31  shall  not constitute consent to make an anatomical gift or registration
    32  in the donate life registry or the New York state brain donor  registry,
    33  except as otherwise provided pursuant to the provisions of paragraph (b)
    34  of  subdivision  one  of  section  forty-three hundred one of the public
    35  health law.   Where an applicant has previously  consented  to  make  an
    36  anatomical  gift  or  registered  in the donate life registry or the New
    37  York state brain donor registry, checking "skip this question" or  fail-
    38  ing  to  check  a  box shall not impair that consent or registration. In
    39  addition, the commissioner  also  shall  require  that  space  shall  be
    40  provided on the application so that the applicant may request a notation
    41  upon such license that he or she is a veteran of the United States armed
    42  forces.  In addition, an applicant for a commercial driver's license who
    43  will operate a commercial motor vehicle  in  interstate  commerce  shall
    44  certify  that such applicant meets the requirements to operate a commer-
    45  cial motor vehicle, as set forth in public law 99-570,  title  XII,  and
    46  title 49 of the code of federal regulations, and all regulations promul-
    47  gated by the United States secretary of transportation under the hazard-
    48  ous  materials  transportation  act.  In  addition,  an  applicant for a
    49  commercial driver's license shall submit a medical certificate  at  such
    50  intervals  as  required  by the federal motor carrier safety improvement
    51  act of 1999 and Part 383.71(h) of title 49 of the code of federal  regu-
    52  lations  relating to medical certification and in a manner prescribed by
    53  the commissioner. For purposes of this section and sections five hundred
    54  three, five hundred ten-a, and five hundred ten-aa of  this  title,  the
    55  terms  "medical  certificate"  and  "medical certification" shall mean a
    56  form substantially in  compliance  with  the  form  set  forth  in  Part

        A. 6805                             5
     1  391.43(h)  of title 49 of the code of federal regulations. Upon a deter-
     2  mination that the holder of a commercial driver's license has  made  any
     3  false  statement,  with respect to the application for such license, the
     4  commissioner shall revoke such license.
     5    §  6. Paragraph (a) of subdivision 1 of section 504 of the vehicle and
     6  traffic law, as separately amended by chapters 568 and 639 of  the  laws
     7  of 2006, is amended to read as follows:
     8    (a)  Every  license  or renewal thereof shall contain a distinguishing
     9  mark and adequate space upon which the licensee may record the  donation
    10  of  an  anatomical  gift  of  their  organ, tissue or brain, pursuant to
    11  [section] sections forty-three hundred ten and forty-three hundred elev-
    12  en of the public health law, [by the licensee  shall  be  recorded]  and
    13  shall contain such other information and shall be issued in such form as
    14  the  commissioner  shall  determine; provided, however, every license or
    15  renewal thereof issued to a person under the  age  of  twenty-one  years
    16  shall  have  prominently imprinted upon it the statement "UNDER 21 YEARS
    17  OF AGE" in notably distinctive print or format; provided further, howev-
    18  er, every license or renewal  thereof  issued  to  a  person  making  an
    19  anatomical  gift  shall  have prominently printed upon the front of such
    20  license or renewal thereof the statement "ORGAN DONOR" or "BRAIN  DONOR"
    21  in  notably  distinctive  print  or  format.  The commissioner shall not
    22  require fees for the issuance of such licenses or  renewals  thereof  to
    23  persons under twenty-one years of age or to persons making an anatomical
    24  gift  which  are  different  from  the fees required for the issuance of
    25  licenses or renewals thereof to persons twenty-one years of age or  over
    26  or to persons not making an anatomical gift.
    27    §  7.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law.
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