Bill Text: NY A09203 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes 15-17 year olds to register to donate organs and tissue upon their death; provides that parents or a legal guardian shall be notified and can rescind such decision to donate organs or tissue at the time of death; requires that the parent or legal guardian sign the registration along with the 15-17 year old and that such registration may be submitted by mail, in person, or electronically.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2014-05-12 - print number 9203a [A09203 Detail]

Download: New_York-2013-A09203-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9203--A
                                 I N  A S S E M B L Y
                                    March 27, 2014
                                      ___________
       Introduced  by  M. of A. ORTIZ, CLARK, PALMESANO, SKOUFIS, GALEF -- read
         once and referred to the Committee on Health -- reported and  referred
         to  the  Committee  on  Codes  --  committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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
   25  AUTHORIZATION FOR ORGAN OR TISSUE DONATION, IF  AT  TIME  OF  DEATH  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06264-02-4
       A. 9203--A                          2
    1  DONOR  IS LESS THAN EIGHTEEN YEARS OF AGE, THE PARENTS OR LEGAL GUARDIAN
    2  OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH SHALL BE NOTIFIED  PRIOR
    3  TO  THE  REMOVAL  OF  ANY  ORGAN  FOR DONATION AND THE AUTHORIZATION FOR
    4  DONATION  MAY  BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE LEGAL
    5  GUARDIAN OF THE DECEDENT AT SUCH TIME.
    6    S 2. Section 4310 of the public health law is amended by adding a  new
    7  subdivision 2-a to read as follows:
    8    2-A.  AN  INDIVIDUAL FIFTEEN YEARS OF AGE OR MORE, BUT LESS THAN EIGH-
    9  TEEN YEARS OF AGE, WHO CONSENTS TO MAKE AN ANATOMICAL GIFT MAY  REGISTER
   10  HIS  OR HER CONSENT BY ANY OF THE METHODS PROVIDED IN SUBDIVISION TWO OF
   11  THIS SECTION, PROVIDED,  HOWEVER,  THAT  SUCH  REGISTRATION  SHALL  ALSO
   12  REQUIRE A SIGNATURE BY EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON
   13  REGISTERING HIS OR HER CONSENT. THE DEPARTMENT SHALL ESTABLISH A FORM TO
   14  BE AVAILABLE IN SCHOOLS, AT THE DEPARTMENT OF MOTOR VEHICLES, AND AT THE
   15  DEPARTMENT  WHICH SHALL ENABLE AN INDIVIDUAL LESS THAN EIGHTEEN YEARS OF
   16  AGE, TO REGISTER HIS OR HER CONSENT TO MAKE AN ANATOMICAL GIFT AND WHICH
   17  PROVIDES A SIGNATURE LINE FOR THE PARENT OR LEGAL GUARDIAN, IN  ADDITION
   18  TO THE SIGNATURE LINE FOR THE INDIVIDUAL. THE DEPARTMENT AND THE DEPART-
   19  MENT  OF  MOTOR  VEHICLES  SHALL  ACCEPT SUCH REGISTRATION OF CONSENT BY
   20  MAIL, IN PERSON, OR BY ELECTRONIC SUBMISSION.
   21    S 3. This act shall take effect immediately.