S T A T E O F N E W Y O R K
________________________________________________________________________
6196
2017-2018 Regular Sessions
I N S E N A T E
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:
Section 1. Paragraph (a) of subdivision 5 of section 4310 of the
public health law, as separately amended by chapters 40 and 248 of the
laws of 2016, is amended to read as follows:
(a) Such organ, eye and tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication made on a
non-driver identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) indication made on the applica-
tion for health care coverage offered through the state health benefit
exchange, (v) enrollment through the donate life registry website, (vi)
paper enrollment submitted to the donate life registry, [or] (vii) INDI-
CATION MADE ON APPLICATION FOR A STUDENT AID OR LOAN PROGRAM AWARDED
PURSUANT TO ARTICLE FOURTEEN OF THE EDUCATION LAW, OR (VIII) through any
other method identified by the commissioner. The department shall estab-
lish a means by which to register the consent given by individuals who
are sixteen or seventeen years of age in the donate life registry, and
shall make registration available by any of the methods provided in
subparagraphs (i), (ii), (iii), (iv), (v) [and], (vi), (VII) AND (VIII)
of this paragraph.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11632-01-7
S. 6196 2
§ 2. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by section 27 of part A of chapter 60 of the laws
of 2014, is amended to read as follows:
(a) Such organ, eye and tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication made on a
non-driver identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) enrollment through the donate
life registry website, (v) paper enrollment submitted to the donate life
registry, [or] (vi) INDICATION MADE ON APPLICATION FOR A STUDENT AID OR
LOAN PROGRAM AWARDED PURSUANT TO ARTICLE FOURTEEN OF THE EDUCATION LAW,
OR (VII) through any other method identified by the commissioner.
§ 2-a. Paragraphs (b) and (c) of subdivision 5 of section 4310 of the
public health law are REPEALED and a new paragraph (b) is added to read
as follows:
(B) ENROLLMENT OR AMENDMENT OR REVOCATION THROUGH THE DONATE LIFE
REGISTRY WEBSITE THROUGH ANY OF THE MEANS LISTED IN THIS SUBDIVISION MAY
BE SIGNED BY ELECTRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUIT-
ABLE MECHANISMS INCLUDING UNIQUE IDENTIFIERS TO PROVIDE CONFIDENCE IN
THE IDENTITY OF THE PERSON PROVIDING THE ELECTRONIC SIGNATURE. THE
REGISTRATION SHALL TAKE EFFECT UPON THE PROVISION OF WRITTEN OR ELEC-
TRONIC NOTICE OF THE REGISTRATION TO THE INDIVIDUAL ENROLLING IN THE
DONATE LIFE REGISTRY.
§ 2-b. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
the public health law are relettered paragraphs (c), (d) and (e).
§ 3. Subdivision 1 of section 206 of the public health law is amended
by adding a new paragraph (w) to read as follows:
(W) REQUIRE, IN CONSULTATION AND COOPERATION WITH THE PRESIDENT OF THE
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THAT EVERY INDI-
VIDUAL APPLYING FOR A STUDENT AID OR LOAN PROGRAM AWARDED PURSUANT TO
ARTICLE FOURTEEN OF THE EDUCATION LAW, BE PROVIDED SPACE SO THAT SUCH
APPLICANT MAY REGISTER IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND
TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS CHAPTER
WITH THE FOLLOWING STATED IN CLEAR CONSPICUOUS TYPE: "WOULD YOU LIKE TO
BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR 'YES' OR 'SKIP THIS
QUESTION'". THE COMMISSIONER SHALL NOT MAINTAIN RECORDS OF ANY PERSON
WHO CHECKS "SKIP THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN
PERSON OR ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE
VALIDITY OF AN APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP
THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN
THE CASE OF AN APPLICANT UNDER SIXTEEN YEARS OF AGE, CHECKING "YES"
SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT OR REGISTRATION
IN THE DONATE LIFE REGISTRY. WHERE AN APPLICANT HAS PREVIOUSLY CONSENTED
TO MAKE AN ANATOMICAL GIFT OR REGISTERED IN THE DONATE LIFE REGISTRY,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION.
§ 4. Paragraph a of subdivision 4 of section 655 of the education law,
as amended by chapter 202 of the laws of 1996, is amended to read as
follows:
a. Application for and the granting and administration of student aid
and loan programs, the repayment of loans or the guarantee of loans made
by the corporation; and administrative functions in support of state and
federal student aid programs. PROVIDED THAT THE PRESIDENT SHALL PROVIDE
ON EACH APPLICATION FOR A STUDENT AID OR LOAN PROGRAM AWARDED PURSUANT
S. 6196 3
TO THIS ARTICLE, SPACE FOR THE APPLICANT TO REGISTER IN THE "DONATE LIFE
REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS ESTABLISHED PURSUANT TO
SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW WITH THE
FOLLOWING STATED ON THE APPLICATION IN CLEAR AND CONSPICUOUS TYPE:
"WOULD YOU LIKE TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX FOR
THE 'YES' OR 'SKIP THIS QUESTION'". THE REGENTS SHALL NOT MAINTAIN
RECORDS OF ANY PERSON WHO CHECKS "SKIP THIS QUESTION". FAILURE TO CHECK
"YES" OR CHECKING "SKIP THIS QUESTION" SHALL NOT BE CONSTRUED TO IMPLY A
WISH NOT TO DONATE. IN THE CASE OF AN APPLICANT UNDER SIXTEEN YEARS OF
AGE, CHECKING "YES" SHALL NOT CONSTITUTE CONSENT TO MAKE AN ANATOMICAL
GIFT OR REGISTRATION IN THE DONATE LIFE REGISTRY. PROVIDED, THAT WHERE
AN APPLICANT HAS PREVIOUSLY CONSENTED TO MAKE AN ANATOMICAL GIFT OR
REGISTERED IN THE "DONATE LIFE REGISTRY", FAILING TO CHECK A BOX SHALL
NOT IMPAIR SUCH CONSENT OR REGISTRATION.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that the
amendments to subdivision 5 of section 4310 of the public health law,
made by section one of this act, shall not affect the expiration and
reversion of such subdivision pursuant to section 6 of chapter 465 of
the laws of 2012, as amended, when upon such date section two of this
act shall take effect; provided further, sections two-a and two-b of
this act shall take effect on the same date as the amendments to subdi-
vision 2 of section 4310 of the public health law, made by chapter 465
of the laws of 2012, as amended, expire and are deemed repealed;
provided, further, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date authorized and directed to be made and
completed on or before such effective date.
