Bill Text: NY S06196 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires that space be provided on applications for student loan and aid progams, for the applicant to register in the "donate life registry" for organ, eye and tissue donation established pursuant to section 4310 of the public health law.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2018-03-12 - referred to health [S06196 Detail]
Download: New_York-2017-S06196-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6196 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the education law, in relation to requiring the president of the New York state higher education services corporation to include space for registering in the "donate life registry" for organ, eye and tissue donations on applications for student aid and loan programs; and to repeal certain provisions of the public health law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 5 of section 4310 of the 2 public health law, as separately amended by chapters 40 and 248 of the 3 laws of 2016, is amended to read as follows: 4 (a) Such organ, eye and tissue registration of consent to make an 5 anatomical gift can be made through: (i) indication made on the applica- 6 tion or renewal form of a driver's license, (ii) indication made on a 7 non-driver identification card application or renewal form, (iii) indi- 8 cation made on a voter registration form pursuant to subdivision five of 9 section 5-210 of the election law, (iv) indication made on the applica- 10 tion for health care coverage offered through the state health benefit 11 exchange, (v) enrollment through the donate life registry website, (vi) 12 paper enrollment submitted to the donate life registry, [or] (vii) indi- 13 cation made on application for a student aid or loan program awarded 14 pursuant to article fourteen of the education law, or (viii) through any 15 other method identified by the commissioner. The department shall estab- 16 lish a means by which to register the consent given by individuals who 17 are sixteen or seventeen years of age in the donate life registry, and 18 shall make registration available by any of the methods provided in 19 subparagraphs (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii) 20 of this paragraph. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11632-01-7S. 6196 2 1 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public 2 health law, as amended by section 27 of part A of chapter 60 of the laws 3 of 2014, is amended to read as follows: 4 (a) Such organ, eye and tissue registration of consent to make an 5 anatomical gift can be made through: (i) indication made on the applica- 6 tion or renewal form of a driver's license, (ii) indication made on a 7 non-driver identification card application or renewal form, (iii) indi- 8 cation made on a voter registration form pursuant to subdivision five of 9 section 5-210 of the election law, (iv) enrollment through the donate 10 life registry website, (v) paper enrollment submitted to the donate life 11 registry, [or] (vi) indication made on application for a student aid or 12 loan program awarded pursuant to article fourteen of the education law, 13 or (vii) through any other method identified by the commissioner. 14 § 2-a. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the 15 public health law are REPEALED and a new paragraph (b) is added to read 16 as follows: 17 (b) Enrollment or amendment or revocation through the donate life 18 registry website through any of the means listed in this subdivision may 19 be signed by electronic signature, in accordance with the provisions of 20 article three of the state technology law, supported by the use of suit- 21 able mechanisms including unique identifiers to provide confidence in 22 the identity of the person providing the electronic signature. The 23 registration shall take effect upon the provision of written or elec- 24 tronic notice of the registration to the individual enrolling in the 25 donate life registry. 26 § 2-b. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of 27 the public health law are relettered paragraphs (c), (d) and (e). 28 § 3. Subdivision 1 of section 206 of the public health law is amended 29 by adding a new paragraph (w) to read as follows: 30 (w) require, in consultation and cooperation with the president of the 31 New York state higher education services corporation, that every indi- 32 vidual applying for a student aid or loan program awarded pursuant to 33 article fourteen of the education law, be provided space so that such 34 applicant may register in the "donate life registry" for organ, eye and 35 tissue donations under section forty-three hundred ten of this chapter 36 with the following stated in clear conspicuous type: "Would you like to 37 be added to the Donate Life Registry? Check box for 'yes' or 'skip this 38 question'". The commissioner shall not maintain records of any person 39 who checks "skip this question". Except where the application is made in 40 person or electronically, failure to check a box shall not impair the 41 validity of an application, and failure to check "yes" or checking "skip 42 this question" shall not be construed to imply a wish not to donate. In 43 the case of an applicant under sixteen years of age, checking "yes" 44 shall not constitute consent to make an anatomical gift or registration 45 in the donate life registry. Where an applicant has previously consented 46 to make an anatomical gift or registered in the donate life registry, 47 checking "skip this question" or failing to check a box shall not impair 48 that consent or registration. 49 § 4. Paragraph a of subdivision 4 of section 655 of the education law, 50 as amended by chapter 202 of the laws of 1996, is amended to read as 51 follows: 52 a. Application for and the granting and administration of student aid 53 and loan programs, the repayment of loans or the guarantee of loans made 54 by the corporation; and administrative functions in support of state and 55 federal student aid programs. Provided that the president shall provide 56 on each application for a student aid or loan program awarded pursuantS. 6196 3 1 to this article, space for the applicant to register in the "donate life 2 registry" for organ, eye and tissue donations established pursuant to 3 section forty-three hundred ten of the public health law with the 4 following stated on the application in clear and conspicuous type: 5 "Would you like to be added to the Donate Life Registry? Check box for 6 the 'yes' or 'skip this question'". The regents shall not maintain 7 records of any person who checks "skip this question". Failure to check 8 "yes" or checking "skip this question" shall not be construed to imply a 9 wish not to donate. In the case of an applicant under sixteen years of 10 age, checking "yes" shall not constitute consent to make an anatomical 11 gift or registration in the donate life registry. Provided, that where 12 an applicant has previously consented to make an anatomical gift or 13 registered in the "donate life registry", failing to check a box shall 14 not impair such consent or registration. 15 § 5. This act shall take effect on the first of January next succeed- 16 ing the date on which it shall have become a law, provided that the 17 amendments to subdivision 5 of section 4310 of the public health law, 18 made by section one of this act, shall not affect the expiration and 19 reversion of such subdivision pursuant to section 6 of chapter 465 of 20 the laws of 2012, as amended, when upon such date section two of this 21 act shall take effect; provided further, sections two-a and two-b of 22 this act shall take effect on the same date as the amendments to subdi- 23 vision 2 of section 4310 of the public health law, made by chapter 465 24 of the laws of 2012, as amended, expire and are deemed repealed; 25 provided, further, that effective immediately, the addition, amendment 26 and/or repeal of any rule or regulation necessary for the implementation 27 of this act on its effective date authorized and directed to be made and 28 completed on or before such effective date.
