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.