Bill Text: NY S02052 | 2013-2014 | General Assembly | Amended
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: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2014-05-09 - PRINT NUMBER 2052A [S02052 Detail]
Download: New_York-2013-S02052-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2052--A 2013-2014 Regular Sessions I N S E N A T E January 10, 2013 ___________ Introduced by Sens. LATIMER, BRESLIN, DILAN, MONTGOMERY, SAMPSON, SERRA- NO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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or has otherwise given written authorization for organ or 13 tissue donation, authorization for donation shall not be rescinded by an 14 objection by a member of any of the classes specified in paragraphs (a) 15 through (h) of subdivision two of this section, except upon a showing 16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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06264-03-4 S. 2052--A 2 1 THAT EVEN IN ANY CASE WHERE THE DONOR HAS PROPERLY EXECUTED AN ORGAN 2 DONOR CARD, DRIVER'S LICENSE AUTHORIZATION TO MAKE AN ANATOMICAL GIFT, 3 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FIVE HUNDRED 4 FOUR OF THE VEHICLE AND TRAFFIC LAW, OR HAS OTHERWISE GIVEN WRITTEN 5 AUTHORIZATION FOR ORGAN OR TISSUE DONATION, IF AT TIME OF DEATH THE 6 DONOR IS LESS THAN EIGHTEEN YEARS OF AGE, THE PARENTS OR LEGAL GUARDIAN 7 OF THE DECEDENT AT THE TIME OF HIS OR HER DEATH SHALL BE NOTIFIED PRIOR 8 TO THE REMOVAL OF ANY ORGAN FOR DONATION AND THE AUTHORIZATION FOR 9 DONATION MAY BE RESCINDED BY A REJECTION BY EITHER PARENT OR THE LEGAL 10 GUARDIAN OF THE DECEDENT AT SUCH TIME. 11 S 2. Section 4310 of the public health law is amended by adding a new 12 subdivision 2-a to read as follows: 13 2-A. AN INDIVIDUAL FIFTEEN YEARS OF AGE OR MORE, BUT LESS THAN EIGH- 14 TEEN YEARS OF AGE, WHO CONSENTS TO MAKE AN ANATOMICAL GIFT MAY REGISTER 15 HIS OR HER CONSENT BY ANY OF THE METHODS PROVIDED IN SUBDIVISION TWO OF 16 THIS SECTION, PROVIDED, HOWEVER, THAT SUCH REGISTRATION SHALL ALSO 17 REQUIRE A SIGNATURE BY EITHER PARENT OR THE LEGAL GUARDIAN OF THE PERSON 18 REGISTERING HIS OR HER CONSENT. THE DEPARTMENT SHALL ESTABLISH A FORM TO 19 BE AVAILABLE IN SCHOOLS, AT THE DEPARTMENT OF MOTOR VEHICLES, AND AT THE 20 DEPARTMENT WHICH SHALL ENABLE AN INDIVIDUAL LESS THAN EIGHTEEN YEARS OF 21 AGE, TO REGISTER HIS OR HER CONSENT TO MAKE AN ANATOMICAL GIFT AND WHICH 22 PROVIDES A SIGNATURE LINE FOR THE PARENT OR LEGAL GUARDIAN, IN ADDITION 23 TO THE SIGNATURE LINE FOR THE INDIVIDUAL. THE DEPARTMENT AND THE DEPART- 24 MENT OF MOTOR VEHICLES SHALL ACCEPT SUCH REGISTRATION OF CONSENT BY 25 MAIL, IN PERSON, OR BY ELECTRONIC SUBMISSION. 26 S 3. This act shall take effect immediately.