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or has otherwise given written authorization for organ or 13 tissue donation, authorization for donation shall not be rescinded by an 14 objection by a member of any of the classes specified in paragraphs (a) 15 through (h) of subdivision two of this section, except upon a showing 16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.