STATE OF NEW YORK
________________________________________________________________________
6857
2019-2020 Regular Sessions
IN ASSEMBLY
March 22, 2019
___________
Introduced by M. of A. ORTIZ, GALEF -- read once and referred to the
Committee on Higher Education
AN ACT to amend the public health law and the education law, in relation
to requiring the president of the New York state higher education
services corporation to include space for registering in the "donate
life registry" for organ, eye and tissue donations on applications for
student aid and loan programs; and to repeal certain provisions of the
public health law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 4310 of the
2 public health law, as separately amended by chapters 40 and 248 of the
3 laws of 2016, is amended to read as follows:
4 (a) Such organ, eye and tissue registration of consent to make an
5 anatomical gift can be made through: (i) indication made on the applica-
6 tion or renewal form of a driver's license, (ii) indication made on a
7 non-driver identification card application or renewal form, (iii) indi-
8 cation made on a voter registration form pursuant to subdivision five of
9 section 5-210 of the election law, (iv) indication made on the applica-
10 tion for health care coverage offered through the state health benefit
11 exchange, (v) enrollment through the donate life registry website, (vi)
12 paper enrollment submitted to the donate life registry, [or] (vii) indi-
13 cation made on application for a student aid or loan program awarded
14 pursuant to article fourteen of the education law, or (viii) through any
15 other method identified by the commissioner. The department shall estab-
16 lish a means by which to register the consent given by individuals who
17 are sixteen or seventeen years of age in the donate life registry, and
18 shall make registration available by any of the methods provided in
19 subparagraphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii)
20 of this paragraph.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05740-01-9
A. 6857 2
1 § 2. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the
2 public health law are REPEALED and a new paragraph (b) is added to read
3 as follows:
4 (b) Enrollment or amendment or revocation through the donate life
5 registry website through any of the means listed in this subdivision may
6 be signed by electronic signature, in accordance with the provisions of
7 article three of the state technology law, supported by the use of suit-
8 able mechanisms including unique identifiers to provide confidence in
9 the identity of the person providing the electronic signature. The
10 registration shall take effect upon the provision of written or elec-
11 tronic notice of the registration to the individual enrolling in the
12 donate life registry.
13 § 2-a. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
14 the public health law are relettered paragraphs (c), (d) and (e).
15 § 3. Subdivision 1 of section 206 of the public health law is amended
16 by adding a new paragraph (w) to read as follows:
17 (w) require, in consultation and cooperation with the president of the
18 New York state higher education services corporation, that every indi-
19 vidual applying for a student aid or loan program awarded pursuant to
20 article fourteen of the education law, be provided space so that such
21 applicant may register in the "donate life registry" for organ, eye and
22 tissue donations under section forty-three hundred ten of this chapter
23 with the following stated in clear conspicuous type: "Would you like to
24 be added to the Donate Life Registry? Check box for 'yes' or 'skip this
25 question'". The commissioner shall not maintain records of any person
26 who checks "skip this question". Except where the application is made in
27 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 sixteen years of age, checking "yes"
31 shall not constitute consent to make an anatomical gift or registration
32 in the donate life registry. Where an applicant has previously consented
33 to make an anatomical gift or registered in the donate life registry,
34 checking "skip this question" or failing to check a box shall not impair
35 that consent or registration.
36 § 4. Paragraph a of subdivision 4 of section 655 of the education law,
37 as amended by chapter 202 of the laws of 1996, is amended to read as
38 follows:
39 a. Application for and the granting and administration of student aid
40 and loan programs, the repayment of loans or the guarantee of loans made
41 by the corporation; and administrative functions in support of state and
42 federal student aid programs. Provided that the president shall provide
43 on each application for a student aid or loan program awarded pursuant
44 to this article, space for the applicant to register in the "donate life
45 registry" for organ, eye and tissue donations established pursuant to
46 section forty-three hundred ten of the public health law with the
47 following stated on the application in clear and conspicuous type:
48 "Would you like to be added to the Donate Life Registry? Check box for
49 the 'yes' or 'skip this question'". The regents shall not maintain
50 records of any person who checks "skip this question". Failure to check
51 "yes" or checking "skip this question" shall not be construed to imply a
52 wish not to donate. In the case of an applicant under sixteen years of
53 age, checking "yes" shall not constitute consent to make an anatomical
54 gift or registration in the donate life registry. Provided, that where
55 an applicant has previously consented to make an anatomical gift or
A. 6857 3
1 registered in the "donate life registry", failing to check a box shall
2 not impair such consent or registration.
3 § 5. This act shall take effect on the first of January next succeed-
4 ing the date on which it shall have become a law. Effective immediate-
5 ly, the addition, amendment and/or repeal of any rule or regulation
6 necessary for the implementation of this act on its effective date are
7 authorized to be made and completed on or before such effective date.