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

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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9203
                                 I N  A S S E M B L Y
                                    March 27, 2014
                                      ___________
       Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. PALMESANO
         -- 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 BETWEEN THE AGES OF  FIFTEEN  AND
   18  SEVENTEEN  MAY  GIVE  ALL OR ANY PART OF HIS OR HER BODY FOR ANY PURPOSE
   19  SPECIFIED IN SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE,  THE  GIFT
   20  TO  TAKE  EFFECT  UPON  DEATH;  PROVIDED, HOWEVER, THAT EVEN IN ANY CASE
   21  WHERE THE DONOR HAS PROPERLY EXECUTED  AN  ORGAN  DONOR  CARD,  DRIVER'S
   22  LICENSE  AUTHORIZATION TO MAKE AN ANATOMICAL GIFT, PURSUANT TO PARAGRAPH
   23  (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED FOUR OF THE  VEHICLE  AND
   24  TRAFFIC  LAW,  OR HAS OTHERWISE GIVEN WRITTEN AUTHORIZATION FOR ORGAN OR
   25  TISSUE DONATION, THE PARENTS OR LEGAL GUARDIAN  OF  THE  PERSON  OF  THE
   26  DECEDENT  AT THE TIME OF HIS OR HER DEATH SHALL BE NOTIFIED PRIOR TO THE
   27  REMOVAL OF ANY ORGAN FOR DONATION AND THE AUTHORIZATION FOR DONATION MAY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06264-01-3
       A. 9203                             2
    1  BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE  LEGAL  GUARDIAN  OF
    2  THE PERSON OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH.
    3    S  2. Section 4310 of the public health law is amended by adding a new
    4  subdivision 2-a to read as follows:
    5    2-A. AN INDIVIDUAL BETWEEN THE  AGES  OF  FIFTEEN  AND  SEVENTEEN  WHO
    6  CONSENTS  TO  MAKE AN ANATOMICAL GIFT MAY REGISTER HIS OR HER CONSENT BY
    7  ANY OF  THE  METHODS  PROVIDED  IN  SUBDIVISION  TWO  OF  THIS  SECTION,
    8  PROVIDED, HOWEVER, THAT SUCH REGISTRATION SHALL ALSO REQUIRE A SIGNATURE
    9  BY  EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON REGISTERING HIS OR
   10  HER CONSENT. THE DEPARTMENT SHALL ESTABLISH A FORM TO  BE  AVAILABLE  IN
   11  SCHOOLS,  AT  THE  DEPARTMENT  OF  MOTOR VEHICLES, AND AT THE DEPARTMENT
   12  WHICH SHALL ENABLE AN INDIVIDUAL BETWEEN THE AGES OF FIFTEEN AND  SEVEN-
   13  TEEN TO REGISTER HIS OR HER CONSENT TO MAKE AN ANATOMICAL GIFT AND WHICH
   14  PROVIDES  A SIGNATURE LINE FOR THE PARENT OR LEGAL GUARDIAN, IN ADDITION
   15  TO THE SIGNATURE LINE FOR THE INDIVIDUAL. THE DEPARTMENT AND THE DEPART-
   16  MENT OF MOTOR VEHICLES SHALL ACCEPT  SUCH  REGISTRATION  OF  CONSENT  BY
   17  MAIL, IN PERSON, OR BY ELECTRONIC SUBMISSION.
   18    S 3. This act shall take effect immediately.