BILL NUMBER:S2052A

TITLE OF BILL:  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

PURPOSE:  The New York State Public Health law does not provide a
mechanism for people under the age of 18 years of age to register in
the Donate Life Registry however this legislation will amend the
current law to do so.

SUMMARY OF PROVISIONS:

Section (1) Subdivision 1 of section 4301 of the public health law, as
amended by chapter 348 of the laws of 2009, is amended to read as
follows:

(b) Any individual of sound mind and age of fifteen or more but less
than eighteen years of age, may give all or any part of his or her
body for any purpose specified in section forty-three hundred two of
this article, the gift to take effect upon death. Provided, however,
that even in any case where the donor has properly executed an organ
donor card, driver's license authorization to make an anatomical gift,
pursuant to paragraph

(a) of subdivision one of section five hundred four of the vehicle and
              

traffic law, registered in the New York State organ and tissue donor
registry under section forty-three hundred ten of this article, or has
otherwise given written authorization for organ or tissue donation,
authorization for donation may be rescinded by a rejection by either
parent or legal guardian of the person of the decedent at the time of
his or her death.

§ 2. Section 4310 of the public health law is amended by adding a new
subdivision 2-a to read as follows:

2-a An individual fifteen years of age or more, but less than eighteen
years of age, who consents to make an anatomical gift may register his
or her consent by any of the methods provided in subdivision two of
this section, provided however, that such registration shall also
require a signature by either parent or the legal guardian of the
person registering his or her consent. The department shall establish
a form to be available in schools, at the department of motor vehicle,
and at the department which shall enable an individual between the
ages of fifteen and seventeen to register his or her consent to make
an anatomical gift and which provides a signature line for the parent
or legal guardian, in addition to the signature line for the
individual, The department and the department of motor vehicles shall
accept such registration of consent by mail, in person, or by
electronic submission.

EXISTING LAW:

§ 4301. Persons who may execute an anatomical gift. 1. Any individual
of sound mind and eighteen years of age or more may give all or any
part of his or her body for any purpose specified in section
forty-three hundred two of this article, the gift to take effect upon


death. In any case where the donor has properly executed an organ
donor card, driver's license authorization to make an anatomical gift,
pursuant to paragraph

§ 2. Section 4310 of the public health law is amended by adding a new
subdivision 2-a as shown above

JUSTIFICATION:  The New York State Public Health law currently does
not provide a mechanism for people less than 18 years of age to
register in the Donate Life Registry. Without this mechanism young
people wishing to participate in the donor program are left with no
choice but to be excluded. This is unfortunate considering the much
needed organ donors and those people on the waiting on list for an
organ or tissue transplant. At times many of these people sit on lists
for extended periods of time. Although an untimely death of a young
person is tragic to say the least, sitting on that waiting list
reduces the quality of life for that individual. We as members of a
great society must always search for ways to help better the lives of
our neighbors. This legislation once passed will amend the current law
to allow a person under the age of 18 an opportunity to show his/her
intent, in the event of an untimely death, by being allowed to
register with the Donate Life Registry. Registering will not however
take away parent's rights in the event of that child's death prior to
age 18. If that child should meet an unfortunate death, the parent
will still have the option to refuse removal of any organ, tissue or
fluid from the child's body.

A person between the ages of 15-17 years old cannot register in the
Donate Life Registry using the intent for the purpose of donating
organs in the event of his/her death.

Anyone wishing to register in the Donate of Life Registry will be
allowed to do so by going to the local Department of Motor Vehicles
and filling out a donor's card. This person must provide proof of age
by showing a birth certificate, an ID provided by the local policing
agency indicating the age of the person or a valid driver's license.
That person will then be entered into the Donor of Life Registry. The
next time this individual gets or renews a driver license a symbol of
a heart will appear on his/her license to identify that person as a
donor. If a person does not possess a driver's license, he/she will
receive a donor card which indicates this individual as a donor.

LEGISLATIVE HISTORY:  2011-12: S7457 (BONACIC) - REPORTED AND
COMMITTED TO RULES 2011-12 A8860 (Latimer) - Referred to Codes

FISCAL IMPLICATIONS: Minimal but to be determined

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act will take effect immediately after passage
by the Assembly the Senate and signed by the Governor.