NY State Assembly Bill 2019-A1133D

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	enacting clause stricken
Jun 05, 2019	print number 1133d
Jun 05, 2019	amend and recommit to codes reported referred to codes
May 17, 2019	print number 1133c
May 17, 2019	amend and recommit to health
May 15, 2019	print number 1133b
May 15, 2019	amend and recommit to health
Feb 26, 2019	print number 1133a
Feb 26, 2019	amend and recommit to health
Jan 14, 2019	referred to health

Bill Amendments

Original

D (Active)

2019-A1133 - Details

See Senate Version of this Bill:: S1342
Law Section:: Public Health Law
Laws Affected:: Amd §§4300, 4301 & 4305, rpld §4303 sub 5, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A10959, S8998

2019-A1133 - Summary

Amends procedures for making anatomical gifts; specifies persons authorized to make an anatomical gift under certain circumstances; provides procedures for amending and revoking gifts.

2019-A1133 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1133
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation  to  definitions  and
   conforming  changes  pertaining  to  anatomical  gifts;  and to repeal
   certain provisions of such law relating thereto (Part A); to amend the
   public health law, in relation to changes in anatomical  gift  consent
   (Part  B);  and to amend the public health law, in relation to changes
   in anatomical gift revocation and amendment (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The purpose of this legislation is to
 enact changes to follow  the  Uniform  Anatomical  Gift  Act  (UAGA)  as
 updated  in  2006 by the National Conference of Commissioners on Uniform
 State Laws to enhance the  organ  donation  process.  Most  states  have
 adopted  these  changes.  While New York has made recent improvements to
 our organ donation rules and  participation  rates,  we  are  still  way
 behind most states and, as a result, still face a severe organ shortage.
 It  is  estimated that bringing New York's anatomical gift consent rules
 into agreement with UAGA would produce an additional 100 donors - for  a
 total of 200-300 additional organs available - over five years.
   §  2. This act enacts into law changes to the anatomical gift process.
 Each component is wholly contained within a Part identified as  Parts  A
 through  C.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 provision  in  any section contained within a Part, including the effec-
 tive date of the Part, which makes a reference to  a  section  "of  this
 act,"  when  used in connection with that particular component, shall be
 deemed to mean and refer to the corresponding section  of  the  Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03867-01-9

 A. 1133                             2
 
                                  PART A
                    Definitions and conforming changes
 
   Section  1. Section 4300 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4300. Definitions. As used in  this  section,  the  following  terms
 shall have the following meanings:
   1.  "Bank  or storage facility" OR "BANK" means a hospital, laboratory
 or other facility licensed or approved under the laws of any  state  for
 storage  of human bodies or parts thereof, for use in medical education,
 research, therapy, or transplantation [to individuals].
   2. "Decedent" means a deceased individual of any  age  WHOSE  BODY  OR
 PART IS OR MAY BE THE SOURCE OF AN ANATOMICAL GIFT and includes a still-
 born infant or fetus.
   3.  "Donor"  means  an  individual [who makes a gift of all or part of
 his] WHOSE body OR PART IS THE SUBJECT OF AN ANATOMICAL GIFT.
   4. "Hospital" means a hospital licensed, accredited, or approved under
 the laws of any state and includes a hospital  operated  by  the  United
 States  Government,  a  state,  or  a  subdivision thereof, although not
 required to be licensed under state laws.
   5. "Part" of a body includes organs, tissues, eyes,  bones,  arteries,
 blood,  other fluids [and] OR other portions of a human body, and "part"
 includes "parts".
   6. "Person" means an individual, corporation,  government  or  govern-
 mental subdivision or agency, business trust, estate, trust, partnership
 or association, or any other legal entity.
   7.  "Physician"  or "surgeon" means a physician or surgeon licensed or
 authorized to practice under the laws of any state.
   8. "State" includes  any  state,  district,  commonwealth,  territory,
 insular  possession,  and  any  other  area  subject  to the legislative
 authority of the United States of America.
   9. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A  PROCUREMENT
 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
 LY  MANNER  CONSISTENT  WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE
 MAKING OF AN ANATOMICAL GIFT.
   10. "DOMESTIC PARTNER" MEANS A PERSON WHO,  WITH  RESPECT  TO  ANOTHER
 PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
 UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED
 AS THE DOMESTIC PARTNER OF THE PERSON WITH ANY  REGISTRY  MAINTAINED  BY
 THE  EMPLOYER  OF  EITHER  PARTY  OR ANY STATE, MUNICIPALITY, OR FOREIGN
 JURISDICTION; OR
   (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR  COVERED  PERSON  UNDER
 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
   (C)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
 MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
 HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE  PERSONAL  RELATIONSHIP
 OF THE PERSONS. EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED
 TO BE THE DOMESTIC PARTNER OF THE OTHER PARTY.  "DOMESTIC PARTNER" SHALL
 NOT  INCLUDE  A  PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A
 MANNER THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN  NEW  YORK  STATE.

 A. 1133                             3
 
 "DOMESTIC  PARTNER"  SHALL  ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN
 EIGHTEEN YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR
 WHO IS RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW  YORK
 STATE TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   11.  "ANATOMICAL  GIFT" OR "GIFT" MEANS A DONATION OF ALL OR PART OF A
 HUMAN BODY TO TAKE EFFECT AFTER THE DONOR'S DEATH  FOR  THE  PURPOSE  OF
 TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION.
   12.  "DOCUMENT  OF  GIFT"  MEANS 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, AUTHORIZATION TO MAKE AN ANATOMICAL GIFT PURSUANT  TO  ANY  OF  THE
 METHODS  IN  SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE,  OR  ANY  OTHER  WRITTEN  AUTHORIZATION  FOR  ORGAN  OR  TISSUE
 DONATION. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIVER'S LICENSE,
 IDENTIFICATION CARD, OR ENROLLMENT IN A DONOR REGISTRY.
   13.  "DONEE"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED TO ACCEPT AN
 ANATOMICAL GIFT PURSUANT TO FORTY-THREE HUNDRED TWO OF THIS ARTICLE.
   14. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
 REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
   15. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
 SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AS AN ORGAN PROCUREMENT ORGANIZATION.
   16. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
 NATED.
   17. "DISINTERESTED WITNESS" MEANS A WITNESS  OTHER  THAN  THE  SPOUSE,
 CHILD,  PARENT,  SIBLING,  GRANDCHILD,  GRANDPARENT,  OR GUARDIAN OF THE
 INDIVIDUAL WHO MAKES, AMENDS, REVOKES, OR REFUSES TO MAKE AN  ANATOMICAL
 GIFT,  OR  ANOTHER  ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE
 INDIVIDUAL.
   18. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   19.  "PROCUREMENT  ORGANIZATION"  MEANS AN EYE BANK, ORGAN PROCUREMENT
 ORGANIZATION, OR TISSUE BANK.
   20. "EYE BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED,  OR  REGU-
 LATED  UNDER  FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY, SCREENING,
 TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR  PORTIONS
 OF HUMAN EYES.
   21.  "TISSUE  BANK"  MEANS  A  PERSON THAT IS LICENSED, ACCREDITED, OR
 REGULATED UNDER FEDERAL OR STATE LAW TO SOLICIT, RETRIEVE, PERFORM DONOR
 SELECTION AND/OR TESTING,  PRESERVE,  TRANSPORT,  ALLOCATE,  DISTRIBUTE,
 ACQUIRE,  PROCESS, STORE OR ARRANGE FOR THE STORAGE OF HUMAN TISSUES FOR
 TRANSPLANTATION, TRANSFER, THERAPY, ARTIFICIAL INSEMINATION OR IMPLANTA-
 TION, INCLUDING AUTOGENEIC PROCEDURES.
   § 2. Subdivision 5 of  section  4303  of  the  public  health  law  is
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART B
                    Changes in anatomical gift consent
 
   Section  1. Section 4301 of the public health law, as amended by chap-
 ter 348 of the laws of 2009, subdivision 1 as amended by chapter 248  of
 the laws of 2016, is amended to read as follows:

 A. 1133                             4
 
   §  4301. Persons who may execute an anatomical gift.  1. (a) Any indi-
 vidual of sound mind and eighteen years of age or more may [give all  or
 any part of his or her body] MAKE AN ANATOMICAL GIFT TO TAKE EFFECT UPON
 THEIR DEATH for any purpose specified in section forty-three hundred two
 of  this  article, [the gift to take effect upon death] LIMIT AN ANATOM-
 ICAL GIFT TO ONE OR MORE OF THOSE PURPOSES, OR REFUSE TO MAKE AN ANATOM-
 ICAL GIFT.  In any case where the donor  has  A  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,] DOCUMENT OF GIFT, authorization for  donation
 shall not be rescinded [by an objection by a member of any of the class-
 es  specified  in  paragraphs (a) through (h) of subdivision two of this
 section,] OR AMENDED BY ANY OTHER PERSON except upon a showing that  the
 donor  revoked the authorization PURSUANT TO SECTION FORTY-THREE HUNDRED
 FIVE OF THIS ARTICLE.
   (b) Any person who is sixteen or seventeen years of age and  of  sound
 mind  may  [give  all or any part of his or her body] MAKE AN ANATOMICAL
 GIFT TO TAKE EFFECT UPON  THEIR  DEATH  for  any  purpose  specified  in
 section  forty-three  hundred  two  of  this  article, [the gift to take
 effect upon death] LIMIT AN ANATOMICAL GIFT TO  ONE  OR  MORE  OF  THOSE
 PURPOSES,  OR  REFUSE TO MAKE AN ANATOMICAL GIFT.  In any case where the
 donor has A 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,  or  has  otherwise given written authorization for organ or tissue
 donation] DOCUMENT OF GIFT, notice of such gift shall be provided to the
 donor's parents or [legal] guardians, and authorization for donation may
 be rescinded or amended by an objection by a parent or [legal]  guardian
 of the donor at the time of death and prior to the recovery of any organ
 or tissue if the donor is less than eighteen years of age. An anatomical
 gift  made by an individual more than sixteen years of age but less than
 eighteen shall otherwise not be rescinded, except upon  a  showing  that
 the  donor  revoked  the  authorization  PURSUANT TO SECTION FORTY-THREE
 HUNDRED FIVE OF THIS ARTICLE.  Upon the donor reaching the age of  eigh-
 teen, the donor's consent to donate his or her organs or tissue shall be
 regarded  as consent for authorization to make an anatomical gift PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR, AN
 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER PARTS NOR A
 LIMITATION ON AN INDIVIDUAL'S ABILITY TO MAKE AN ANATOMICAL  GIFT  UNDER
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   2.  [Any  of  the  following persons, in the order of priority stated,
 may, when persons in prior classes are not reasonably  available,  will-
 ing, and able to act, at the time of death, and in the absence of actual
 notice  of  contrary  indications  by  the decedent, or actual notice of
 opposition by a member of the same class or  prior  class  specified  in
 paragraph  (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision,
 or reason to believe that] (A) IN THE ABSENCE OF  A  GIFT  MADE  BY  THE
 DONOR UNDER SUBDIVISION ONE OF THIS SECTION, AND IN THE ABSENCE OF ACTU-
 AL  NOTICE  OF CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING RELIGIOUS
 OR MORAL OBJECTIONS, an anatomical gift [is contrary to  the  decedent's
 religious or moral beliefs, give all or any part] of the decedent's body
 MAY  BE  MADE  BY  ANY MEMBER OF THE FOLLOWING CLASSES OF PERSONS WHO IS

 A. 1133                             5
 
 REASONABLY AVAILABLE, IN THE ORDER OF PRIORITY LISTED, for  any  purpose
 specified in section forty-three hundred two of this article:
   [(a)]  (I)  the  person designated as the decedent's health care agent
 under article twenty-nine-C of this  chapter,  subject  to  any  written
 statement in the health care proxy form,
   [(b)]  (II) the person designated as the decedent's agent in a written
 instrument under article forty-two of this chapter, subject to any writ-
 ten statement in the written instrument,
   [(c)] (III) the spouse, if not legally separated from the patient,  or
 the domestic partner,
   [(d)] (IV) a son or daughter eighteen years of age or older,
   [(e)] (V) either parent,
   [(f)] (VI) a brother or sister eighteen years of age or older,
   [(g)] (VII) ADULT GRANDCHILDREN OF THE DECEDENT,
   (VIII) A GRANDPARENT OF THE DECEDENT,
   (IX) AN ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE DECENT,
   (X) a guardian of the person of the decedent at the time of his death,
 OR
   [(h)]  (XI)  any  other  person  authorized or under the obligation to
 dispose of the body.
   (B) IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH
 (IV), (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF THIS  SUBDIVISION  ENTI-
 TLED  TO  MAKE  AN  ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A
 MEMBER OF THE CLASS UNLESS THAT MEMBER OR A PERSON KNOWS OF AN OBJECTION
 BY ANOTHER MEMBER OF THE CLASS. IF AN OBJECTION IS KNOWN, THE  GIFT  MAY
 BE  MADE  ONLY BY A MAJORITY OF THE MEMBERS OF THE CLASS WHO ARE REASON-
 ABLY AVAILABLE.
   3. [For the purposes of this  section,  "reasonably  available"  means
 that  a person to be contacted can be contacted without undue effort and
 willing and able to act in a  timely  manner  consistent  with  existing
 medical criteria necessary for the making of an anatomical gift.
   4. For the purposes of this section, "domestic partner" means a person
 who, with respect to another person:
   (a) is formally a party in a domestic partnership or similar relation-
 ship  with  the  other  person, entered into pursuant to the laws of the
 United States or any state, local or foreign jurisdiction, or registered
 as the domestic partner of the person with any  registry  maintained  by
 the  employer  of  either  party  or any state, municipality, or foreign
 jurisdiction; or
   (b) is formally recognized as a beneficiary or  covered  person  under
 the other person's employment benefits or health insurance; or
   (c)  is  dependent  or mutually interdependent on the other person for
 support, as evidenced by the totality of the circumstances indicating  a
 mutual  intent  to  be  domestic  partners including but not limited to:
 common ownership or joint leasing of real or personal  property;  common
 householding,  shared  income  or  shared  expenses; children in common;
 signs of intent to marry or become domestic partners under paragraph (a)
 or (b) of this subdivision; or the length of the  personal  relationship
 of the persons.
   Each  party  to  a  domestic partnership shall be considered to be the
 domestic partner of  the  other  party.  "Domestic  partner"  shall  not
 include a person who is related to the other person by blood in a manner
 that would bar marriage to the other person in New York state. "Domestic
 partner"  shall  also  not  include any person who is less than eighteen
 years of age or who is the adopted child of the other person or  who  is
 related  by  blood in a manner that would bar marriage in New York state

 A. 1133                             6

 to a person who is the lawful spouse of the other person.] AN ANATOMICAL
 GIFT MAY NOT BE MADE BY A PERSON  LISTED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION IF:
   (A) A PERSON IN A PRIOR CLASS IS REASONABLY AVAILABLE;
   (B) THE PERSON PROPOSING TO MAKE AN ANATOMICAL GIFT KNOWS OF A REFUSAL
 OR  CONTRARY  INDICATIONS  BY THE DECEDENT, INCLUDING THAT AN ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR
   (C) THE PERSON PROPOSING TO  MAKE  AN  ANATOMICAL  GIFT  KNOWS  OF  AN
 OBJECTION TO MAKING AN ANATOMICAL GIFT BY A MEMBER OF THE PERSON'S CLASS
 OR A PRIOR CLASS.
   4.  ANY GIFT BY A PERSON DESIGNATED IN SUBDIVISION TWO OF THIS SECTION
 SHALL BE BY A DOCUMENT SIGNED BY HIM OR HER OR MADE BY HIS OR HER  TELE-
 GRAPHIC, RECORDED TELEPHONIC, OR OTHER RECORDED MESSAGE. WHERE A GIFT IS
 MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE
 DOCUMENT  OR  MESSAGE  THAT  HE  OR SHE HAS NO ACTUAL NOTICE OF CONTRARY
 INDICATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN  ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN
 AGENT  OF  THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF
 THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHER-
 WISE DETERMINE THAT THE DONOR HAS NO ACTUAL  NOTICE  OF  CONTRARY  INDI-
 CATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT
 IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   5.  The  donee  shall  not accept the gift under the following circum-
 stances:
   (a) the donee has actual notice of contrary indication  by  the  dece-
 dent;
   (b)  where  [the  donor has not 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  otherwise  given written authorization for organ or tissue
 donation, or has revoked any such authorization, and the gift is opposed
 by a person or persons in the highest priority available of the  classes
 specified  in  paragraph  (a),  (b),  (c),  (d), (e), (f), (g) or (h) of
 subdivision two of] IS NOT PROPERLY MADE PURSUANT TO this section; or
   (c) the donee has reason to believe that an anatomical gift is contra-
 ry to the decedent's religious or moral beliefs.
   6. A gift of all or part of a body authorizes any  examination  neces-
 sary to assure medical acceptability of gift for the purposes intended.
   7.  The  rights  of the donee created by the gift are paramount to the
 rights of others except as provided by section forty-three hundred eight
 of this article.
   8. The person who documents the making, amending  or  revoking  of  an
 anatomical  gift, acting reasonably and in good faith in accordance with
 this article, may accept an anatomical gift under this article made by a
 person who represents that he or she  is  entitled  to  consent  to  the
 donation.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
 
                                  PART C
            Changes in anatomical gift revocation and amendment

 A. 1133                             7

   Section 1. Section 4305 of the public health law, as added by  chapter
 466 of the laws of 1970, is amended to read as follows:
   §  4305. [Revocation] AMENDMENTS OR REVOCATION of the gift. 1. [If the
 will, card, or other document or executed copy thereof has  been  deliv-
 ered  to  a  specified donee, the donor] AN INDIVIDUAL WHO HAS CREATED A
 DOCUMENT OF GIFT may amend or revoke the gift by:
   (a) [the execution and delivery to the donee of a signed statement]  A
 RECORD SIGNED BY THE DONOR, or
   (b)  an  oral  statement  of  revocation  made  in the presence of two
 persons, [communicated to the donee] AT LEAST ONE OF WHOM IS A DISINTER-
 ESTED WITNESS, or
   (c) A LATER-EXECUTED DOCUMENT OF GIFT THAT EXPRESSLY AMENDS OR REVOKES
 A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, OR
   (D) a statement during a terminal illness or injury  addressed  to  an
 attending physician and communicated to the donee, or
   [(d)]  (E) a signed card or document, found on his OR HER person or in
 his OR HER effects.
   2. (A) SUBJECT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, AN INDI-
 VIDUAL AUTHORIZED TO MAKE AN ANATOMICAL GIFT PURSUANT TO SUBDIVISION TWO
 OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL REVOKE OR AMEND
 SUCH GIFT BY:
   (I) A RECORD SIGNED BY THE DONOR, OR
   (II) AN ORAL STATEMENT OF REVOCATION  MADE  IN  THE  PRESENCE  OF  TWO
 PERSONS, AT LEAST ONE OF WHOM IS A DISINTERESTED WITNESS, OR
   (III)  A  LATER-EXECUTED  DOCUMENT  OF  GIFT  THAT EXPRESSLY AMENDS OR
 REVOKES A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT.
   (B) IF MORE THAN ONE MEMBER OF A CLASS LISTED  IN  SUBPARAGRAPH  (IV),
 (VI),  (VII)  OR  (VIII)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION
 FORTY-THREE HUNDRED ONE OF THIS ARTICLE IS REASONABLY AVAILABLE, A  GIFT
 MADE  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF
 THIS ARTICLE MAY BE AMENDED ONLY IF A MAJORITY OF THE REASONABLY  AVAIL-
 ABLE  MEMBERS  AGREE  TO  THE AMENDING OF THE GIFT, OR REVOKED ONLY IF A
 MAJORITY OF THE REASONABLY AVAILABLE MEMBERS AGREE TO  THE  REVOKING  OF
 THE  GIFT  OR  IF  THEY  ARE EQUALLY DIVIDED AS TO WHETHER TO REVOKE THE
 GIFT.
   (C) A REVOCATION IS EFFECTIVE ONLY IF, BEFORE  AN  INCISION  HAS  BEEN
 MADE  TO  REMOVE  A PART FROM THE DONOR'S BODY OR BEFORE INVASIVE PROCE-
 DURES HAVE BEGUN TO PREPARE THE RECIPIENT, THE PROCUREMENT ORGANIZATION,
 TRANSPLANT HOSPITAL, OR PHYSICIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
   3. Any document of gift[ which has not been delivered  to  the  donee]
 may  be  revoked in the manner set out in subdivision one OR TWO of this
 section or by destruction, cancellation, or mutilation of  the  document
 and all executed copies thereof.
   [3.]    4.  Any  gift  made by a will may be revoked or amended in the
 manner provided for revocation or amendment of wills or as  provided  in
 subdivision one of this section.
   5.  IN  THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR, A REVOCATION
 OR AMENDMENT OF AN ANATOMICAL GIFT IS NOT  A  REFUSAL  TO  MAKE  ANOTHER
 ANATOMICAL  GIFT,  EITHER  BY  THE  DONOR OR ANOTHER PERSON SPECIFIED IN
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the commissioner of health shall make  regulations  and  take  other
 actions reasonably necessary to implement this act on that date.
   § 3. Severability. If any provision of this act, or any application of
 any  provision  of  this act, is held to be invalid, or to violate or be

 A. 1133                             8
 
 inconsistent with any federal law or regulation, that shall  not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 4. This act shall take effect immediately; provided,  however,  that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last sections of such Parts.

2019-A1133A - Details

See Senate Version of this Bill:: S1342
Law Section:: Public Health Law
Laws Affected:: Amd §§4300, 4301 & 4305, rpld §4303 sub 5, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A10959, S8998

2019-A1133A - Summary

Amends procedures for making anatomical gifts; specifies persons authorized to make an anatomical gift under certain circumstances; provides procedures for amending and revoking gifts.

2019-A1133A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1133--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to definitions and
   conforming changes pertaining  to  anatomical  gifts;  and  to  repeal
   certain provisions of such law relating thereto (Part A); to amend the
   public  health  law, in relation to changes in anatomical gift consent
   (Part B); and to amend the public health law, in relation  to  changes
   in anatomical gift revocation and amendment (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The purpose of this legislation  is  to
 enact  changes  to  follow  the  Uniform  Anatomical  Gift Act (UAGA) as
 updated in 2006 by the National Conference of Commissioners  on  Uniform
 State  Laws  to  enhance  the  organ  donation process. Most states have
 adopted these changes. While New York has made  recent  improvements  to
 our  organ  donation  rules  and  participation  rates, we are still way
 behind most states and, as a result, still face a severe organ shortage.
 It is estimated that bringing New York's anatomical gift  consent  rules
 into  agreement with UAGA would produce an additional 100 donors - for a
 total of 200-300 additional organs available - over five years.
   § 2. This act enacts into law changes to the anatomical gift  process.
 Each  component  is wholly contained within a Part identified as Parts A
 through C. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 act," when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03867-02-9

 A. 1133--A                          2
 
                                  PART A
                    Definitions and conforming changes
 
   Section  1. Section 4300 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4300. Definitions. As used in  this  section,  the  following  terms
 shall have the following meanings:
   1.  "Bank  or storage facility" OR "BANK" means a hospital, laboratory
 or other facility licensed or approved under the laws of any  state  for
 storage  of human bodies or parts thereof, for use in medical education,
 research, therapy, or transplantation [to individuals].
   2. "Decedent" means a deceased individual of any  age  WHOSE  BODY  OR
 PART IS OR MAY BE THE SOURCE OF AN ANATOMICAL GIFT and includes a still-
 born infant or fetus.
   3.  "Donor"  means  an  individual [who makes a gift of all or part of
 his] WHOSE body OR PART IS THE SUBJECT OF AN ANATOMICAL GIFT.
   4. "Hospital" means a hospital licensed, accredited, or approved under
 the laws of any state and includes a hospital  operated  by  the  United
 States  Government,  a  state,  or  a  subdivision thereof, although not
 required to be licensed under state laws.
   5. "Part" of a body includes organs, tissues, eyes,  bones,  arteries,
 blood,  other fluids [and] OR other portions of a human body, and "part"
 includes "parts".
   6. "Person" means an individual, corporation,  government  or  govern-
 mental subdivision or agency, business trust, estate, trust, partnership
 or association, or any other legal entity.
   7.  "Physician"  or "surgeon" means a physician or surgeon licensed or
 authorized to practice under the laws of any state.
   8. "State" includes  any  state,  district,  commonwealth,  territory,
 insular  possession,  and  any  other  area  subject  to the legislative
 authority of the United States of America.
   9. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A  PROCUREMENT
 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
 LY  MANNER  CONSISTENT  WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE
 MAKING OF AN ANATOMICAL GIFT.
   10. "DOMESTIC PARTNER" MEANS A PERSON WHO,  WITH  RESPECT  TO  ANOTHER
 PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
 UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED
 AS THE DOMESTIC PARTNER OF THE PERSON WITH ANY  REGISTRY  MAINTAINED  BY
 THE  EMPLOYER  OF  EITHER  PARTY  OR ANY STATE, MUNICIPALITY, OR FOREIGN
 JURISDICTION; OR
   (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR  COVERED  PERSON  UNDER
 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
   (C)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
 MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
 HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE  PERSONAL  RELATIONSHIP
 OF THE PERSONS. EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED
 TO BE THE DOMESTIC PARTNER OF THE OTHER PARTY.  "DOMESTIC PARTNER" SHALL
 NOT  INCLUDE  A  PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A
 MANNER THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN  NEW  YORK  STATE.

 A. 1133--A                          3
 
 "DOMESTIC  PARTNER"  SHALL  ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN
 EIGHTEEN YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR
 WHO IS RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW  YORK
 STATE TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   11.  "ANATOMICAL  GIFT" OR "GIFT" MEANS A DONATION OF ALL OR PART OF A
 HUMAN BODY TO TAKE EFFECT AFTER THE DONOR'S DEATH  FOR  THE  PURPOSE  OF
 TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION.
   12.  "DOCUMENT  OF  GIFT"  MEANS 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, AUTHORIZATION TO MAKE AN ANATOMICAL GIFT PURSUANT  TO  ANY  OF  THE
 METHODS  IN  SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE,  OR  ANY  OTHER  WRITTEN  AUTHORIZATION  FOR  ORGAN  OR  TISSUE
 DONATION. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIVER'S LICENSE,
 IDENTIFICATION CARD, OR ENROLLMENT IN A DONOR REGISTRY.
   13.  "DONEE"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED TO ACCEPT AN
 ANATOMICAL GIFT PURSUANT TO FORTY-THREE HUNDRED TWO OF THIS ARTICLE.
   14. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
 REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
   15. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
 SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AS AN ORGAN PROCUREMENT ORGANIZATION.
   16. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
 NATED.
   17. "DISINTERESTED WITNESS" MEANS A WITNESS  OTHER  THAN  THE  SPOUSE,
 CHILD,  PARENT,  SIBLING,  GRANDCHILD,  GRANDPARENT,  OR GUARDIAN OF THE
 INDIVIDUAL WHO MAKES, AMENDS, REVOKES, OR REFUSES TO MAKE AN  ANATOMICAL
 GIFT,  OR  ANOTHER  ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE
 INDIVIDUAL.
   18. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   19.  "PROCUREMENT  ORGANIZATION"  MEANS AN EYE BANK, ORGAN PROCUREMENT
 ORGANIZATION, OR TISSUE BANK.
   20. "EYE BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED,  OR  REGU-
 LATED  UNDER  FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY, SCREENING,
 TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR  PORTIONS
 OF HUMAN EYES.
   21.  "TISSUE  BANK"  MEANS  A  PERSON THAT IS LICENSED, ACCREDITED, OR
 REGULATED UNDER FEDERAL OR STATE LAW TO SOLICIT, RETRIEVE, PERFORM DONOR
 SELECTION AND/OR TESTING,  PRESERVE,  TRANSPORT,  ALLOCATE,  DISTRIBUTE,
 ACQUIRE,  PROCESS, STORE OR ARRANGE FOR THE STORAGE OF HUMAN TISSUES FOR
 TRANSPLANTATION, TRANSFER, THERAPY, ARTIFICIAL INSEMINATION OR IMPLANTA-
 TION, INCLUDING AUTOGENEIC PROCEDURES.
   § 2. Subdivision 5 of  section  4303  of  the  public  health  law  is
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART B
                    Changes in anatomical gift consent
 
   Section  1. Section 4301 of the public health law, as amended by chap-
 ter 348 of the laws of 2009, subdivision 1 as amended by chapter 248  of
 the laws of 2016, is amended to read as follows:

 A. 1133--A                          4
 
   §  4301. Persons who may execute an anatomical gift.  1. (a) Any indi-
 vidual of sound mind and eighteen years of age or more may [give all  or
 any part of his or her body] MAKE AN ANATOMICAL GIFT TO TAKE EFFECT UPON
 THEIR DEATH for any purpose specified in section forty-three hundred two
 of  this  article, [the gift to take effect upon death] LIMIT AN ANATOM-
 ICAL GIFT TO ONE OR MORE OF THOSE PURPOSES, OR REFUSE TO MAKE AN ANATOM-
 ICAL GIFT.  In any case where the donor  has  A  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,] DOCUMENT OF GIFT, authorization for  donation
 shall not be rescinded [by an objection by a member of any of the class-
 es  specified  in  paragraphs (a) through (h) of subdivision two of this
 section,] OR AMENDED BY ANY OTHER PERSON except upon a showing that  the
 donor  revoked the authorization PURSUANT TO SECTION FORTY-THREE HUNDRED
 FIVE OF THIS ARTICLE.
   (b) Any person who is sixteen or seventeen years of age and  of  sound
 mind  may  [give  all or any part of his or her body] MAKE AN ANATOMICAL
 GIFT TO TAKE EFFECT UPON  THEIR  DEATH  for  any  purpose  specified  in
 section  forty-three  hundred  two  of  this  article, [the gift to take
 effect upon death] LIMIT AN ANATOMICAL GIFT TO  ONE  OR  MORE  OF  THOSE
 PURPOSES,  OR  REFUSE TO MAKE AN ANATOMICAL GIFT.  In any case where the
 donor has A 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,  or  has  otherwise given written authorization for organ or tissue
 donation] DOCUMENT OF GIFT, notice of such gift shall be provided to the
 donor's parents or [legal] guardians, and authorization for donation may
 be rescinded or amended by an objection by a parent or [legal]  guardian
 of the donor at the time of death and prior to the recovery of any organ
 or tissue if the donor is less than eighteen years of age. An anatomical
 gift  made by an individual more than sixteen years of age but less than
 eighteen shall otherwise not be rescinded, except upon  a  showing  that
 the  donor  revoked  the  authorization  PURSUANT TO SECTION FORTY-THREE
 HUNDRED FIVE OF THIS ARTICLE.  Upon the donor reaching the age of  eigh-
 teen, the donor's consent to donate his or her organs or tissue shall be
 regarded  as consent for authorization to make an anatomical gift PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR, AN
 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER PARTS NOR A
 LIMITATION ON AN INDIVIDUAL'S ABILITY TO MAKE AN ANATOMICAL  GIFT  UNDER
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   2.  [Any  of  the  following persons, in the order of priority stated,
 may, when persons in prior classes are not reasonably  available,  will-
 ing, and able to act, at the time of death, and in the absence of actual
 notice  of  contrary  indications  by  the decedent, or actual notice of
 opposition by a member of the same class or  prior  class  specified  in
 paragraph  (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision,
 or reason to believe that] (A) IN THE ABSENCE OF  A  GIFT  MADE  BY  THE
 DONOR UNDER SUBDIVISION ONE OF THIS SECTION, AND IN THE ABSENCE OF ACTU-
 AL  NOTICE  OF CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING RELIGIOUS
 OR MORAL OBJECTIONS, an anatomical gift [is contrary to  the  decedent's
 religious or moral beliefs, give all or any part] of the decedent's body
 MAY  BE  MADE  BY  ANY MEMBER OF THE FOLLOWING CLASSES OF PERSONS WHO IS

 A. 1133--A                          5
 
 REASONABLY AVAILABLE, IN THE ORDER OF PRIORITY LISTED, for  any  purpose
 specified in section forty-three hundred two of this article:
   [(a)]  (I)  the  person designated as the decedent's health care agent
 under article twenty-nine-C of this  chapter,  subject  to  any  written
 statement in the health care proxy form,
   [(b)]  (II) the person designated as the decedent's agent in a written
 instrument under article forty-two of this chapter, subject to any writ-
 ten statement in the written instrument,
   [(c)] (III) the spouse, if not legally separated from the patient,  or
 the domestic partner,
   [(d)] (IV) a son or daughter eighteen years of age or older,
   [(e)] (V) either parent,
   [(f)] (VI) a brother or sister eighteen years of age or older,
   [(g)] (VII) ADULT GRANDCHILDREN OF THE DECEDENT,
   (VIII) A GRANDPARENT OF THE DECEDENT,
   (IX) AN ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE DECEDENT,
   (X) a guardian of the person of the decedent at the time of his death,
 OR
   [(h)]  (XI)  any  other  person  authorized or under the obligation to
 dispose of the body.
   (B) IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH
 (IV), (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF THIS  SUBDIVISION  ENTI-
 TLED  TO  MAKE  AN  ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A
 MEMBER OF THE CLASS UNLESS THAT MEMBER OR A PERSON KNOWS OF AN OBJECTION
 BY ANOTHER MEMBER OF THE CLASS. IF AN OBJECTION IS KNOWN, THE  GIFT  MAY
 BE  MADE  ONLY BY A MAJORITY OF THE MEMBERS OF THE CLASS WHO ARE REASON-
 ABLY AVAILABLE.
   3. [For the purposes of this  section,  "reasonably  available"  means
 that  a person to be contacted can be contacted without undue effort and
 willing and able to act in a  timely  manner  consistent  with  existing
 medical criteria necessary for the making of an anatomical gift.
   4. For the purposes of this section, "domestic partner" means a person
 who, with respect to another person:
   (a) is formally a party in a domestic partnership or similar relation-
 ship  with  the  other  person, entered into pursuant to the laws of the
 United States or any state, local or foreign jurisdiction, or registered
 as the domestic partner of the person with any  registry  maintained  by
 the  employer  of  either  party  or any state, municipality, or foreign
 jurisdiction; or
   (b) is formally recognized as a beneficiary or  covered  person  under
 the other person's employment benefits or health insurance; or
   (c)  is  dependent  or mutually interdependent on the other person for
 support, as evidenced by the totality of the circumstances indicating  a
 mutual  intent  to  be  domestic  partners including but not limited to:
 common ownership or joint leasing of real or personal  property;  common
 householding,  shared  income  or  shared  expenses; children in common;
 signs of intent to marry or become domestic partners under paragraph (a)
 or (b) of this subdivision; or the length of the  personal  relationship
 of the persons.
   Each  party  to  a  domestic partnership shall be considered to be the
 domestic partner of  the  other  party.  "Domestic  partner"  shall  not
 include a person who is related to the other person by blood in a manner
 that would bar marriage to the other person in New York state. "Domestic
 partner"  shall  also  not  include any person who is less than eighteen
 years of age or who is the adopted child of the other person or  who  is
 related  by  blood in a manner that would bar marriage in New York state

 A. 1133--A                          6

 to a person who is the lawful spouse of the other person.] AN ANATOMICAL
 GIFT MAY NOT BE MADE BY A PERSON  LISTED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION IF:
   (A) A PERSON IN A PRIOR CLASS IS REASONABLY AVAILABLE;
   (B) THE PERSON PROPOSING TO MAKE AN ANATOMICAL GIFT KNOWS OF A REFUSAL
 OR  CONTRARY  INDICATIONS  BY THE DECEDENT, INCLUDING THAT AN ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR
   (C) THE PERSON PROPOSING TO  MAKE  AN  ANATOMICAL  GIFT  KNOWS  OF  AN
 OBJECTION TO MAKING AN ANATOMICAL GIFT BY A MEMBER OF THE PERSON'S CLASS
 OR A PRIOR CLASS.
   4.  ANY GIFT BY A PERSON DESIGNATED IN SUBDIVISION TWO OF THIS SECTION
 SHALL BE BY A DOCUMENT SIGNED BY HIM OR HER OR MADE BY HIS OR HER  TELE-
 GRAPHIC, RECORDED TELEPHONIC, OR OTHER RECORDED MESSAGE. WHERE A GIFT IS
 MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE
 DOCUMENT  OR  MESSAGE  THAT  HE  OR SHE HAS NO ACTUAL NOTICE OF CONTRARY
 INDICATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN  ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN
 AGENT  OF  THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF
 THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHER-
 WISE DETERMINE THAT THE DONOR HAS NO ACTUAL  NOTICE  OF  CONTRARY  INDI-
 CATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT
 IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   5.  The  donee  shall  not accept the gift under the following circum-
 stances:
   (a) the donee has actual notice of contrary indication  by  the  dece-
 dent;
   (b)  where  [the  donor has not 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  otherwise  given written authorization for organ or tissue
 donation, or has revoked any such authorization, and the gift is opposed
 by a person or persons in the highest priority available of the  classes
 specified  in  paragraph  (a),  (b),  (c),  (d), (e), (f), (g) or (h) of
 subdivision two of] IS NOT PROPERLY MADE PURSUANT TO this section; or
   (c) the donee has reason to believe that an anatomical gift is contra-
 ry to the decedent's religious or moral beliefs.
   6. A gift of all or part of a body authorizes any  examination  neces-
 sary to assure medical acceptability of gift for the purposes intended.
   7.  The  rights  of the donee created by the gift are paramount to the
 rights of others except as provided by section forty-three hundred eight
 of this article.
   8. The person who documents the making, amending  or  revoking  of  an
 anatomical  gift, acting reasonably and in good faith in accordance with
 this article, may accept an anatomical gift under this article made by a
 person who represents that he or she  is  entitled  to  consent  to  the
 donation.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
 
                                  PART C
            Changes in anatomical gift revocation and amendment

 A. 1133--A                          7
 
   Section 1. Section 4305 of the public health law, as added by  chapter
 466 of the laws of 1970, is amended to read as follows:
   §  4305. [Revocation] AMENDMENTS OR REVOCATION of the gift. 1. [If the
 will, card, or other document or executed copy thereof has  been  deliv-
 ered  to  a  specified donee, the donor] AN INDIVIDUAL WHO HAS CREATED A
 DOCUMENT OF GIFT may amend or revoke the gift by:
   (a) [the execution and delivery to the donee of a signed statement]  A
 RECORD SIGNED BY THE DONOR, or
   (b)  an  oral  statement  of  revocation  made  in the presence of two
 persons, [communicated to the donee] AT LEAST ONE OF WHOM IS A DISINTER-
 ESTED WITNESS, or
   (c) A LATER-EXECUTED DOCUMENT OF GIFT THAT EXPRESSLY AMENDS OR REVOKES
 A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, OR
   (D) a statement during a terminal illness or injury  addressed  to  an
 attending physician and communicated to the donee, or
   [(d)]  (E) a signed card or document, found on his OR HER person or in
 his OR HER effects.
   2. (A) SUBJECT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, AN INDI-
 VIDUAL AUTHORIZED TO MAKE AN ANATOMICAL GIFT PURSUANT TO SUBDIVISION TWO
 OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL REVOKE OR AMEND
 SUCH GIFT BY:
   (I) A RECORD SIGNED BY THE DONOR, OR
   (II) AN ORAL STATEMENT OF REVOCATION  MADE  IN  THE  PRESENCE  OF  TWO
 PERSONS, AT LEAST ONE OF WHOM IS A DISINTERESTED WITNESS, OR
   (III)  A  LATER-EXECUTED  DOCUMENT  OF  GIFT  THAT EXPRESSLY AMENDS OR
 REVOKES A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT.
   (B) IF MORE THAN ONE MEMBER OF A CLASS LISTED  IN  SUBPARAGRAPH  (IV),
 (VI),  (VII)  OR  (VIII)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION
 FORTY-THREE HUNDRED ONE OF THIS ARTICLE IS REASONABLY AVAILABLE, A  GIFT
 MADE  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF
 THIS ARTICLE MAY BE AMENDED ONLY IF A MAJORITY OF THE REASONABLY  AVAIL-
 ABLE  MEMBERS  AGREE  TO  THE AMENDING OF THE GIFT, OR REVOKED ONLY IF A
 MAJORITY OF THE REASONABLY AVAILABLE MEMBERS AGREE TO  THE  REVOKING  OF
 THE  GIFT  OR  IF  THEY  ARE EQUALLY DIVIDED AS TO WHETHER TO REVOKE THE
 GIFT.
   (C) A REVOCATION IS EFFECTIVE ONLY IF, BEFORE  AN  INCISION  HAS  BEEN
 MADE  TO  REMOVE  A PART FROM THE DONOR'S BODY OR BEFORE INVASIVE PROCE-
 DURES HAVE BEGUN TO PREPARE THE RECIPIENT, THE PROCUREMENT ORGANIZATION,
 TRANSPLANT HOSPITAL, OR PHYSICIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
   3. Any document of gift[ which has not been delivered  to  the  donee]
 may  be  revoked in the manner set out in subdivision one OR TWO of this
 section or by destruction, cancellation, or mutilation of  the  document
 and all executed copies thereof.
   [3.]    4.  Any  gift  made by a will may be revoked or amended in the
 manner provided for revocation or amendment of wills or as  provided  in
 subdivision one of this section.
   5.  IN  THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR, A REVOCATION
 OR AMENDMENT OF AN ANATOMICAL GIFT IS NOT  A  REFUSAL  TO  MAKE  ANOTHER
 ANATOMICAL  GIFT,  EITHER  BY  THE  DONOR OR ANOTHER PERSON SPECIFIED IN
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the commissioner of health shall make  regulations  and  take  other
 actions reasonably necessary to implement this act on that date.
   § 3. Severability. If any provision of this act, or any application of
 any  provision  of  this act, is held to be invalid, or to violate or be

 A. 1133--A                          8
 
 inconsistent with any federal law or regulation, that shall  not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 4. This act shall take effect immediately; provided,  however,  that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last sections of such Parts.

2019-A1133B - Details

See Senate Version of this Bill:: S1342
Law Section:: Public Health Law
Laws Affected:: Amd §§4300, 4301 & 4305, rpld §4303 sub 5, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A10959, S8998

2019-A1133B - Summary

Amends procedures for making anatomical gifts; specifies persons authorized to make an anatomical gift under certain circumstances; provides procedures for amending and revoking gifts.

2019-A1133B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1133--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend the public health law, in relation to definitions and
   conforming changes pertaining  to  anatomical  gifts;  and  to  repeal
   certain provisions of such law relating thereto (Part A); to amend the
   public  health  law, in relation to changes in anatomical gift consent
   (Part B); and to amend the public health law, in relation  to  changes
   in anatomical gift revocation and amendment (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The purpose of this legislation  is  to
 enact  changes  to  follow  the  Uniform  Anatomical  Gift Act (UAGA) as
 updated in 2006 by the National Conference of Commissioners  on  Uniform
 State  Laws  to  enhance  the  organ  donation process. Most states have
 adopted these changes. While New York has made  recent  improvements  to
 our  organ  donation  rules  and  participation  rates, we are still way
 behind most states and, as a result, still face a severe organ shortage.
 It is estimated that bringing New York's anatomical gift  consent  rules
 into  agreement with UAGA would produce an additional 100 donors - for a
 total of 200-300 additional organs available - over five years.
   § 2. This act enacts into law changes to the anatomical gift  process.
 Each  component  is wholly contained within a Part identified as Parts A
 through C. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 act," when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03867-04-9

 A. 1133--B                          2
 
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
                    Definitions and conforming changes
 
   Section  1. Section 4300 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4300. Definitions. As used in  this  section,  the  following  terms
 shall have the following meanings:
   1.  "Bank  or storage facility" OR "BANK" means a hospital, laboratory
 or other facility licensed or approved under the laws of any  state  for
 storage  of human bodies or parts thereof, for use in medical education,
 research, therapy, or transplantation [to individuals].
   2. "Decedent" means a deceased individual of any  age  WHOSE  BODY  OR
 PART IS OR MAY BE THE SOURCE OF AN ANATOMICAL GIFT and includes a still-
 born infant or fetus.
   3.  "Donor"  means  an  individual [who makes a gift of all or part of
 his] WHOSE body OR PART IS THE SUBJECT OF AN ANATOMICAL GIFT.
   4. "Hospital" means a hospital licensed, accredited, or approved under
 the laws of any state and includes a hospital  operated  by  the  United
 States  Government,  a  state,  or  a  subdivision thereof, although not
 required to be licensed under state laws.
   5. "Part" of a body includes organs, tissues, eyes,  bones,  arteries,
 blood,  other fluids [and] OR other portions of a human body, and "part"
 includes "parts".
   6. "Person" means an individual, corporation,  government  or  govern-
 mental subdivision or agency, business trust, estate, trust, partnership
 or association, or any other legal entity.
   7.  "Physician"  or "surgeon" means a physician or surgeon licensed or
 authorized to practice under the laws of any state.
   8. "State" includes  any  state,  district,  commonwealth,  territory,
 insular  possession,  and  any  other  area  subject  to the legislative
 authority of the United States of America.
   9. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A  PROCUREMENT
 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
 LY  MANNER  CONSISTENT  WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE
 MAKING OF AN ANATOMICAL GIFT.
   10. "DOMESTIC PARTNER" MEANS A PERSON WHO,  WITH  RESPECT  TO  ANOTHER
 PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
 UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED
 AS THE DOMESTIC PARTNER OF THE PERSON WITH ANY  REGISTRY  MAINTAINED  BY
 THE  EMPLOYER  OF  EITHER  PARTY  OR ANY STATE, MUNICIPALITY, OR FOREIGN
 JURISDICTION; OR
   (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR  COVERED  PERSON  UNDER
 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
   (C)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
 MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
 HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE  PERSONAL  RELATIONSHIP
 OF THE PERSONS. EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED

 A. 1133--B                          3
 
 TO BE THE DOMESTIC PARTNER OF THE OTHER PARTY.  "DOMESTIC PARTNER" SHALL
 NOT  INCLUDE  A  PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A
 MANNER THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN  NEW  YORK  STATE.
 "DOMESTIC  PARTNER"  SHALL  ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN
 EIGHTEEN YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR
 WHO IS RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW  YORK
 STATE TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   11.  "ANATOMICAL  GIFT" OR "GIFT" MEANS A DONATION OF ALL OR PART OF A
 HUMAN BODY TO TAKE EFFECT AFTER THE DONOR'S DEATH  FOR  THE  PURPOSE  OF
 TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION.
   12.  "DOCUMENT  OF  GIFT"  MEANS 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, AUTHORIZATION TO MAKE AN ANATOMICAL GIFT PURSUANT  TO  ANY  OF  THE
 METHODS  IN  SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE,  OR  ANY  OTHER  WRITTEN  AUTHORIZATION  FOR  ORGAN  OR  TISSUE
 DONATION. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIVER'S LICENSE,
 IDENTIFICATION CARD, OR ENROLLMENT IN A DONOR REGISTRY.
   13.  "DONEE"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED TO ACCEPT AN
 ANATOMICAL GIFT PURSUANT TO FORTY-THREE HUNDRED TWO OF THIS ARTICLE.
   14. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
 REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
   15. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
 SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AS AN ORGAN PROCUREMENT ORGANIZATION.
   16. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
 NATED.
   17. "DISINTERESTED WITNESS" MEANS A WITNESS  OTHER  THAN  THE  SPOUSE,
 CHILD,  PARENT,  SIBLING,  GRANDCHILD, GRANDPARENT, DOMESTIC PARTNER, OR
 GUARDIAN OF THE INDIVIDUAL WHO MAKES, AMENDS,  REVOKES,  OR  REFUSES  TO
 MAKE AN ANATOMICAL GIFT, OR ANOTHER ADULT WHO EXHIBITED SPECIAL CARE AND
 CONCERN FOR THE INDIVIDUAL.
   18.  "CLOSE  FRIEND" MEANS ANY PERSON, EIGHTEEN YEARS OF AGE OR OLDER,
 WHO IS A CLOSE FRIEND OF THE PATIENT, OR A RELATIVE OF THE PATIENT OTHER
 THAN A SPOUSE, ADULT CHILD, PARENT, BROTHER, OR SISTER,  WHO  HAS  MAIN-
 TAINED  REGULAR  CONTACT  WITH  THE  PATIENT  AS TO BE FAMILIAR WITH THE
 PATIENT'S ACTIVITIES, HEALTH, AND RELIGIOUS OR MORAL BELIEFS.
   19. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   20.  "PROCUREMENT  ORGANIZATION"  MEANS AN EYE BANK, ORGAN PROCUREMENT
 ORGANIZATION, OR TISSUE BANK.
   21. "EYE BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED,  OR  REGU-
 LATED  UNDER  FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY, SCREENING,
 TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR  PORTIONS
 OF HUMAN EYES.
   22.  "TISSUE  BANK"  MEANS  A  PERSON THAT IS LICENSED, ACCREDITED, OR
 REGULATED UNDER FEDERAL OR STATE LAW TO SOLICIT, RETRIEVE, PERFORM DONOR
 SELECTION AND/OR TESTING,  PRESERVE,  TRANSPORT,  ALLOCATE,  DISTRIBUTE,
 ACQUIRE,  PROCESS, STORE OR ARRANGE FOR THE STORAGE OF HUMAN TISSUES FOR
 TRANSPLANTATION, TRANSFER, THERAPY, ARTIFICIAL INSEMINATION OR IMPLANTA-
 TION, INCLUDING AUTOGENEIC PROCEDURES.
   § 2. Subdivision 5 of  section  4303  of  the  public  health  law  is
 REPEALED.
   § 3. This act shall take effect immediately.

 A. 1133--B                          4
 
                                  PART B
                    Changes in anatomical gift consent
 
   Section  1. Section 4301 of the public health law, as amended by chap-
 ter 348 of the laws of 2009, subdivision 1 as amended by chapter 248  of
 the laws of 2016, is amended to read as follows:
   §  4301. Persons who may execute an anatomical gift.  1. (a) Any indi-
 vidual of sound mind and eighteen years of age or more may [give all  or
 any part of his or her body] MAKE AN ANATOMICAL GIFT TO TAKE EFFECT UPON
 THEIR DEATH for any purpose specified in section forty-three hundred two
 of  this  article, [the gift to take effect upon death] LIMIT AN ANATOM-
 ICAL GIFT TO ONE OR MORE OF THOSE PURPOSES, OR REFUSE TO MAKE AN ANATOM-
 ICAL GIFT.  In any case where the donor  has  A  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,] DOCUMENT OF GIFT, authorization for  donation
 shall not be rescinded [by an objection by a member of any of the class-
 es  specified  in  paragraphs (a) through (h) of subdivision two of this
 section,] OR AMENDED BY ANY OTHER PERSON except upon a showing that  the
 donor  revoked the authorization PURSUANT TO SECTION FORTY-THREE HUNDRED
 FIVE OF THIS ARTICLE.
   (b) Any person who is sixteen or seventeen years of age and  of  sound
 mind  may  [give  all or any part of his or her body] MAKE AN ANATOMICAL
 GIFT TO TAKE EFFECT UPON  THEIR  DEATH  for  any  purpose  specified  in
 section  forty-three  hundred  two  of  this  article, [the gift to take
 effect upon death] LIMIT AN ANATOMICAL GIFT TO  ONE  OR  MORE  OF  THOSE
 PURPOSES,  OR  REFUSE TO MAKE AN ANATOMICAL GIFT.  In any case where the
 donor has A 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,  or  has  otherwise given written authorization for organ or tissue
 donation] DOCUMENT OF GIFT, notice of such gift shall be provided to the
 donor's parents or [legal] guardians, and authorization for donation may
 be rescinded or amended by an objection by a parent or [legal]  guardian
 of the donor at the time of death and prior to the recovery of any organ
 or tissue if the donor is less than eighteen years of age. An anatomical
 gift  made by an individual more than sixteen years of age but less than
 eighteen shall otherwise not be rescinded, except upon  a  showing  that
 the  donor  revoked  the  authorization  PURSUANT TO SECTION FORTY-THREE
 HUNDRED FIVE OF THIS ARTICLE.  Upon the donor reaching the age of  eigh-
 teen, the donor's consent to donate his or her organs or tissue shall be
 regarded  as consent for authorization to make an anatomical gift PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR, AN
 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER PARTS NOR A
 LIMITATION ON AN INDIVIDUAL'S ABILITY TO MAKE AN ANATOMICAL  GIFT  UNDER
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   2.  [Any  of  the  following persons, in the order of priority stated,
 may, when persons in prior classes are not reasonably  available,  will-
 ing, and able to act, at the time of death, and in the absence of actual
 notice  of  contrary  indications  by  the decedent, or actual notice of
 opposition by a member of the same class or  prior  class  specified  in
 paragraph  (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision,

 A. 1133--B                          5

 or reason to believe that] (A) IN THE ABSENCE OF  A  GIFT  MADE  BY  THE
 DONOR UNDER SUBDIVISION ONE OF THIS SECTION, AND IN THE ABSENCE OF ACTU-
 AL  NOTICE  OF CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING RELIGIOUS
 OR  MORAL  OBJECTIONS, an anatomical gift [is contrary to the decedent's
 religious or moral beliefs, give all or any part] of the decedent's body
 MAY BE MADE BY ANY MEMBER OF THE FOLLOWING CLASSES  OF  PERSONS  WHO  IS
 REASONABLY  AVAILABLE,  IN THE ORDER OF PRIORITY LISTED, for any purpose
 specified in section forty-three hundred two of this article:
   [(a)] (I) the person designated as the decedent's  health  care  agent
 under  article  twenty-nine-C  of  this  chapter, subject to any written
 statement in the health care proxy form,
   [(b)] (II) the person designated as the decedent's agent in a  written
 instrument under article forty-two of this chapter, subject to any writ-
 ten statement in the written instrument,
   [(c)]  (III) the spouse, if not legally separated from the patient, or
 the domestic partner,
   [(d)] (IV) a son or daughter eighteen years of age or older,
   [(e)] (V) either parent,
   [(f)] (VI) a brother or sister eighteen years of age or older,
   [(g)] (VII) ADULT GRANDCHILDREN OF THE DECEDENT,
   (VIII) A GRANDPARENT OF THE DECEDENT,
   (IX) a guardian of the person of the  decedent  at  the  time  of  his
 death, OR
   [(h)]  (X)  any  other  person  authorized  or under the obligation to
 dispose of the body.
   (B) IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH
 (IV), (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF THIS  SUBDIVISION  ENTI-
 TLED  TO  MAKE  AN  ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A
 MEMBER OF THE CLASS UNLESS THAT MEMBER OR A PERSON KNOWS OF AN OBJECTION
 BY ANOTHER MEMBER OF THE CLASS. IF AN OBJECTION IS KNOWN, THE  GIFT  MAY
 BE  MADE  ONLY BY A MAJORITY OF THE MEMBERS OF THE CLASS WHO ARE REASON-
 ABLY AVAILABLE.
   3. [For the purposes of this  section,  "reasonably  available"  means
 that  a person to be contacted can be contacted without undue effort and
 willing and able to act in a  timely  manner  consistent  with  existing
 medical criteria necessary for the making of an anatomical gift.
   4. For the purposes of this section, "domestic partner" means a person
 who, with respect to another person:
   (a) is formally a party in a domestic partnership or similar relation-
 ship  with  the  other  person, entered into pursuant to the laws of the
 United States or any state, local or foreign jurisdiction, or registered
 as the domestic partner of the person with any  registry  maintained  by
 the  employer  of  either  party  or any state, municipality, or foreign
 jurisdiction; or
   (b) is formally recognized as a beneficiary or  covered  person  under
 the other person's employment benefits or health insurance; or
   (c)  is  dependent  or mutually interdependent on the other person for
 support, as evidenced by the totality of the circumstances indicating  a
 mutual  intent  to  be  domestic  partners including but not limited to:
 common ownership or joint leasing of real or personal  property;  common
 householding,  shared  income  or  shared  expenses; children in common;
 signs of intent to marry or become domestic partners under paragraph (a)
 or (b) of this subdivision; or the length of the  personal  relationship
 of the persons.
   Each  party  to  a  domestic partnership shall be considered to be the
 domestic partner of  the  other  party.  "Domestic  partner"  shall  not

 A. 1133--B                          6

 include a person who is related to the other person by blood in a manner
 that would bar marriage to the other person in New York state. "Domestic
 partner"  shall  also  not  include any person who is less than eighteen
 years  of  age or who is the adopted child of the other person or who is
 related by blood in a manner that would bar marriage in New  York  state
 to a person who is the lawful spouse of the other person.] AN ANATOMICAL
 GIFT  MAY  NOT  BE  MADE  BY  A PERSON LISTED IN SUBDIVISION TWO OF THIS
 SECTION IF:
   (A) A PERSON IN A PRIOR CLASS IS REASONABLY AVAILABLE;
   (B) THE PERSON PROPOSING TO MAKE AN ANATOMICAL GIFT KNOWS OF A REFUSAL
 OR CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING  THAT  AN  ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR
   (C)  THE  PERSON  PROPOSING  TO  MAKE  AN  ANATOMICAL GIFT KNOWS OF AN
 OBJECTION TO MAKING AN ANATOMICAL GIFT BY A MEMBER OF THE PERSON'S CLASS
 OR A PRIOR CLASS.
   4. ANY GIFT BY A PERSON DESIGNATED IN SUBDIVISION TWO OF THIS  SECTION
 SHALL  BE BY A DOCUMENT SIGNED BY HIM OR HER OR MADE BY HIS OR HER TELE-
 GRAPHIC, RECORDED TELEPHONIC, OR OTHER RECORDED MESSAGE. WHERE A GIFT IS
 MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE
 DOCUMENT OR MESSAGE THAT HE OR SHE HAS  NO  ACTUAL  NOTICE  OF  CONTRARY
 INDICATIONS  BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN
 AGENT OF THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION  OR  OF
 THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHER-
 WISE  DETERMINE  THAT  THE  DONOR HAS NO ACTUAL NOTICE OF CONTRARY INDI-
 CATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT
 IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   5. The donee shall not accept the gift  under  the  following  circum-
 stances:
   (a)  the  donee  has actual notice of contrary indication by the dece-
 dent;
   (b) where [the donor has not 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 otherwise given written authorization for  organ  or  tissue
 donation, or has revoked any such authorization, and the gift is opposed
 by  a person or persons in the highest priority available of the classes
 specified in paragraph (a), (b), (c), (d),  (e),  (f),  (g)  or  (h)  of
 subdivision two of] IS NOT PROPERLY MADE PURSUANT TO this section; or
   (c) the donee has reason to believe that an anatomical gift is contra-
 ry to the decedent's religious or moral beliefs.
   6.  A  gift of all or part of a body authorizes any examination neces-
 sary to assure medical acceptability of gift for the purposes intended.
   7. The rights of the donee created by the gift are  paramount  to  the
 rights of others except as provided by section forty-three hundred eight
 of this article.
   8.  The  person  who  documents the making, amending or revoking of an
 anatomical gift, acting reasonably and in good faith in accordance  with
 this article, may accept an anatomical gift under this article made by a
 person  who  represents  that  he  or  she is entitled to consent to the
 donation.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-

 A. 1133--B                          7
 
 ly, the commissioner of health shall make  regulations  and  take  other
 actions reasonably necessary to implement this act on that date.
 
                                  PART C
            Changes in anatomical gift revocation and amendment
 
   Section  1. Section 4305 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4305. [Revocation] AMENDMENTS OR REVOCATION of the gift. 1. [If  the
 will,  card,  or other document or executed copy thereof has been deliv-
 ered to a specified donee, the donor] AN INDIVIDUAL WHO  HAS  CREATED  A
 DOCUMENT OF GIFT may amend or revoke the gift by:
   (a)  [the execution and delivery to the donee of a signed statement] A
 RECORD SIGNED BY THE DONOR, or
   (b) an oral statement of  revocation  made  in  the  presence  of  two
 persons, [communicated to the donee] AT LEAST ONE OF WHOM IS A DISINTER-
 ESTED WITNESS, or
   (c) A LATER-EXECUTED DOCUMENT OF GIFT THAT EXPRESSLY AMENDS OR REVOKES
 A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, OR
   (D)  a  statement  during a terminal illness or injury addressed to an
 attending physician and communicated to the donee, or
   [(d)] (E) a signed card or document, found on his OR HER person or  in
 his OR HER effects.
   2. (A) SUBJECT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, AN INDI-
 VIDUAL AUTHORIZED TO MAKE AN ANATOMICAL GIFT PURSUANT TO SUBDIVISION TWO
 OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL REVOKE OR AMEND
 SUCH GIFT BY:
   (I) A RECORD SIGNED BY THE DONOR, OR
   (II)  AN  ORAL  STATEMENT  OF  REVOCATION  MADE IN THE PRESENCE OF TWO
 PERSONS, AT LEAST ONE OF WHOM IS A DISINTERESTED WITNESS, OR
   (III) A LATER-EXECUTED DOCUMENT  OF  GIFT  THAT  EXPRESSLY  AMENDS  OR
 REVOKES A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT.
   (B)  IF  MORE  THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH (IV),
 (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF  SUBDIVISION  TWO  OF  SECTION
 FORTY-THREE  HUNDRED ONE OF THIS ARTICLE IS REASONABLY AVAILABLE, A GIFT
 MADE PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED  ONE  OF
 THIS  ARTICLE MAY BE AMENDED ONLY IF A MAJORITY OF THE REASONABLY AVAIL-
 ABLE MEMBERS AGREE TO THE AMENDING OF THE GIFT, OR  REVOKED  ONLY  IF  A
 MAJORITY  OF  THE  REASONABLY AVAILABLE MEMBERS AGREE TO THE REVOKING OF
 THE GIFT OR IF THEY ARE EQUALLY DIVIDED AS  TO  WHETHER  TO  REVOKE  THE
 GIFT.
   (C)  A  REVOCATION  IS  EFFECTIVE ONLY IF, BEFORE AN INCISION HAS BEEN
 MADE TO REMOVE A PART FROM THE DONOR'S BODY OR  BEFORE  INVASIVE  PROCE-
 DURES HAVE BEGUN TO PREPARE THE RECIPIENT, THE PROCUREMENT ORGANIZATION,
 TRANSPLANT HOSPITAL, OR PHYSICIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
   3.  Any  document  of gift[ which has not been delivered to the donee]
 may be revoked in the manner set out in subdivision one OR TWO  of  this
 section  or  by destruction, cancellation, or mutilation of the document
 and all executed copies thereof.
   [3.]  4. Any gift made by a will may be  revoked  or  amended  in  the
 manner  provided  for revocation or amendment of wills or as provided in
 subdivision one of this section.
   5. IN THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR,  A  REVOCATION
 OR  AMENDMENT  OF  AN  ANATOMICAL  GIFT IS NOT A REFUSAL TO MAKE ANOTHER
 ANATOMICAL GIFT, EITHER BY THE DONOR  OR  ANOTHER  PERSON  SPECIFIED  IN
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.

 A. 1133--B                          8
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
   § 3. Severability. If any provision of this act, or any application of
 any  provision  of  this act, is held to be invalid, or to violate or be
 inconsistent with any federal law or regulation, that shall  not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 4. This act shall take effect immediately; provided,  however,  that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last sections of such Parts.

co-Sponsors

2019-A1133C - Details

See Senate Version of this Bill:: S1342
Law Section:: Public Health Law
Laws Affected:: Amd §§4300, 4301 & 4305, rpld §4303 sub 5, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A10959, S8998

2019-A1133C - Summary

Amends procedures for making anatomical gifts; specifies persons authorized to make an anatomical gift under certain circumstances; provides procedures for amending and revoking gifts.

2019-A1133C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1133--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend the public health law, in relation to definitions and
   conforming changes pertaining  to  anatomical  gifts;  and  to  repeal
   certain provisions of such law relating thereto (Part A); to amend the
   public  health  law, in relation to changes in anatomical gift consent
   (Part B); and to amend the public health law, in relation  to  changes
   in anatomical gift revocation and amendment (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The purpose of this legislation  is  to
 enact  changes  to  follow  the  Uniform  Anatomical  Gift Act (UAGA) as
 updated in 2006 by the National Conference of Commissioners  on  Uniform
 State  Laws  to  enhance  the  organ  donation process. Most states have
 adopted these changes. While New York has made  recent  improvements  to
 our  organ  donation  rules  and  participation  rates, we are still way
 behind most states and, as a result, still face a severe organ shortage.
 It is estimated that bringing New York's anatomical gift  consent  rules
 into  agreement with UAGA would produce an additional 100 donors - for a
 total of 200-300 additional organs available - over five years.
   § 2. This act enacts into law changes to the anatomical gift  process.
 Each  component  is wholly contained within a Part identified as Parts A
 through C. The effective date for each  particular  provision  contained
 within  such  Part  is  set  forth in the last section of such Part. Any
 provision in any section contained within a Part, including  the  effec-
 tive  date  of  the  Part, which makes a reference to a section "of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03867-06-9

 A. 1133--C                          2
 
 act," when used in connection with that particular component,  shall  be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
                    Definitions and conforming changes
 
   Section  1. Section 4300 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4300. Definitions. As used in  this  section,  the  following  terms
 shall have the following meanings:
   1.  "Bank  or storage facility" OR "BANK" means a hospital, laboratory
 or other facility licensed or approved under the laws of any  state  for
 storage  of human bodies or parts thereof, for use in medical education,
 research, therapy, or transplantation [to individuals].
   2. "Decedent" means a deceased individual of any  age  WHOSE  BODY  OR
 PART IS OR MAY BE THE SOURCE OF AN ANATOMICAL GIFT and includes a still-
 born infant or fetus.
   3.  "Donor"  means  an  individual [who makes a gift of all or part of
 his] WHOSE body OR PART IS THE SUBJECT OF AN ANATOMICAL GIFT.
   4. "Hospital" means a hospital licensed, accredited, or approved under
 the laws of any state and includes a hospital  operated  by  the  United
 States  Government,  a  state,  or  a  subdivision thereof, although not
 required to be licensed under state laws.
   5. "Part" of a body includes organs, tissues, eyes,  bones,  arteries,
 blood,  other fluids [and] OR other portions of a human body, and "part"
 includes "parts".
   6. "Person" means an individual, corporation,  government  or  govern-
 mental subdivision or agency, business trust, estate, trust, partnership
 or association, or any other legal entity.
   7.  "Physician"  or "surgeon" means a physician or surgeon licensed or
 authorized to practice under the laws of any state.
   8. "State" includes  any  state,  district,  commonwealth,  territory,
 insular  possession,  and  any  other  area  subject  to the legislative
 authority of the United States of America.
   9. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A  PROCUREMENT
 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
 LY  MANNER  CONSISTENT  WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE
 MAKING OF AN ANATOMICAL GIFT.
   10. "DOMESTIC PARTNER" MEANS A PERSON WHO,  WITH  RESPECT  TO  ANOTHER
 PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
 UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED
 AS THE DOMESTIC PARTNER OF THE PERSON WITH ANY  REGISTRY  MAINTAINED  BY
 THE  EMPLOYER  OF  EITHER  PARTY  OR ANY STATE, MUNICIPALITY, OR FOREIGN
 JURISDICTION; OR
   (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR  COVERED  PERSON  UNDER
 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
   (C)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
 MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON
 HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)

 A. 1133--C                          3
 
 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE  PERSONAL  RELATIONSHIP
 OF THE PERSONS. EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED
 TO BE THE DOMESTIC PARTNER OF THE OTHER PARTY.  "DOMESTIC PARTNER" SHALL
 NOT  INCLUDE  A  PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A
 MANNER THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN  NEW  YORK  STATE.
 "DOMESTIC  PARTNER"  SHALL  ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN
 EIGHTEEN YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR
 WHO IS RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW  YORK
 STATE TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   11.  "ANATOMICAL  GIFT" OR "GIFT" MEANS A DONATION OF ALL OR PART OF A
 HUMAN BODY TO TAKE EFFECT AFTER THE DONOR'S DEATH  FOR  THE  PURPOSE  OF
 TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION.
   12.  "DOCUMENT  OF  GIFT"  MEANS 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, AUTHORIZATION TO MAKE AN ANATOMICAL GIFT PURSUANT  TO  ANY  OF  THE
 METHODS  IN  SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE,  OR  ANY  OTHER  WRITTEN  AUTHORIZATION  FOR  ORGAN  OR  TISSUE
 DONATION. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIVER'S LICENSE,
 IDENTIFICATION CARD, OR ENROLLMENT IN A DONOR REGISTRY.
   13.  "DONEE"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED TO ACCEPT AN
 ANATOMICAL GIFT PURSUANT TO FORTY-THREE HUNDRED TWO OF THIS ARTICLE.
   14. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
 REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
   15. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
 SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AS AN ORGAN PROCUREMENT ORGANIZATION.
   16. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
 NATED.
   17. "DISINTERESTED WITNESS" MEANS A WITNESS  OTHER  THAN  THE  SPOUSE,
 CHILD,  PARENT,  SIBLING,  GRANDCHILD, GRANDPARENT, DOMESTIC PARTNER, OR
 GUARDIAN OF THE INDIVIDUAL WHO MAKES, AMENDS,  REVOKES,  OR  REFUSES  TO
 MAKE AN ANATOMICAL GIFT, OR ANOTHER ADULT WHO EXHIBITED SPECIAL CARE AND
 CONCERN FOR THE INDIVIDUAL.
   18.  "CLOSE  FRIEND" MEANS ANY PERSON, EIGHTEEN YEARS OF AGE OR OLDER,
 WHO IS A CLOSE FRIEND OF THE PATIENT, OR A RELATIVE OF THE PATIENT OTHER
 THAN A SPOUSE, ADULT CHILD, PARENT, BROTHER, OR SISTER,  WHO  HAS  MAIN-
 TAINED  REGULAR  CONTACT  WITH  THE  PATIENT  AS TO BE FAMILIAR WITH THE
 PATIENT'S ACTIVITIES, HEALTH, AND RELIGIOUS OR MORAL BELIEFS.
   19. "REFUSAL" MEANS A RECORD CREATED UNDER SECTION FORTY-THREE HUNDRED
 FIVE OF THIS ARTICLE THAT  EXPRESSLY  STATES  AN  INTENT  TO  BAR  OTHER
 PERSONS FROM MAKING AN ANATOMICAL GIFT.
   20.  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   21. "PROCUREMENT ORGANIZATION" MEANS AN EYE  BANK,  ORGAN  PROCUREMENT
 ORGANIZATION, OR TISSUE BANK.
   22.  "EYE  BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED, OR REGU-
 LATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE  RECOVERY,  SCREENING,
 TESTING,  PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR PORTIONS
 OF HUMAN EYES.
   23. "TISSUE BANK" MEANS A PERSON  THAT  IS  LICENSED,  ACCREDITED,  OR
 REGULATED UNDER FEDERAL OR STATE LAW TO SOLICIT, RETRIEVE, PERFORM DONOR
 SELECTION  AND/OR  TESTING,  PRESERVE,  TRANSPORT, ALLOCATE, DISTRIBUTE,
 ACQUIRE, PROCESS, STORE OR ARRANGE FOR THE STORAGE OF HUMAN TISSUES  FOR

 A. 1133--C                          4
 
 TRANSPLANTATION, TRANSFER, THERAPY, ARTIFICIAL INSEMINATION OR IMPLANTA-
 TION, INCLUDING AUTOGENEIC PROCEDURES.
   §  2.  Subdivision  5  of  section  4303  of  the public health law is
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART B
                    Changes in anatomical gift consent
 
   Section 1. Section 4301 of the public health law, as amended by  chap-
 ter  348 of the laws of 2009, subdivision 1 as amended by chapter 248 of
 the laws of 2016, is amended to read as follows:
   § 4301. Persons who may execute an anatomical gift.  1. (a) Any  indi-
 vidual  of sound mind and eighteen years of age or more may [give all or
 any part of his or her body] MAKE AN ANATOMICAL GIFT TO TAKE EFFECT UPON
 THEIR DEATH for any purpose specified in section forty-three hundred two
 of this article, [the gift to take effect upon death] LIMIT  AN  ANATOM-
 ICAL GIFT TO ONE OR MORE OF THOSE PURPOSES, OR REFUSE TO MAKE AN ANATOM-
 ICAL  GIFT.    In  any  case where the donor has A 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,] DOCUMENT OF GIFT, authorization for donation
 shall not be rescinded [by an objection by a member of any of the class-
 es specified in paragraphs (a) through (h) of subdivision  two  of  this
 section,]  OR AMENDED BY ANY OTHER PERSON except upon a showing that the
 donor revoked the authorization PURSUANT TO SECTION FORTY-THREE  HUNDRED
 FIVE OF THIS ARTICLE.
   (b)  Any  person who is sixteen or seventeen years of age and of sound
 mind may [give all or any part of his or her body]  MAKE  AN  ANATOMICAL
 GIFT  TO  TAKE  EFFECT  UPON  THEIR  DEATH  for any purpose specified in
 section forty-three hundred two of  this  article,  [the  gift  to  take
 effect  upon  death]  LIMIT  AN  ANATOMICAL GIFT TO ONE OR MORE OF THOSE
 PURPOSES, OR REFUSE TO MAKE AN ANATOMICAL GIFT.  In any case  where  the
 donor  has  A  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, or has otherwise given written authorization for  organ  or  tissue
 donation] DOCUMENT OF GIFT, notice of such gift shall be provided to the
 donor's parents or [legal] guardians, and authorization for donation may
 be  rescinded or amended by an objection by a parent or [legal] guardian
 of the donor at the time of death and prior to the recovery of any organ
 or tissue if the donor is less than eighteen years of age. An anatomical
 gift made by an individual more than sixteen years of age but less  than
 eighteen  shall  otherwise  not be rescinded, except upon a showing that
 the donor revoked the  authorization  PURSUANT  TO  SECTION  FORTY-THREE
 HUNDRED  FIVE OF THIS ARTICLE.  Upon the donor reaching the age of eigh-
 teen, the donor's consent to donate his or her organs or tissue shall be
 regarded as consent for authorization to make an anatomical gift  PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR, AN
 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER PARTS NOR A
 LIMITATION  ON  AN INDIVIDUAL'S ABILITY TO MAKE AN ANATOMICAL GIFT UNDER
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.

 A. 1133--C                          5
 
   2. [Any of the following persons, in the  order  of  priority  stated,
 may,  when  persons in prior classes are not reasonably available, will-
 ing, and able to act, at the time of death, and in the absence of actual
 notice of contrary indications by the  decedent,  or  actual  notice  of
 opposition  by  a  member  of the same class or prior class specified in
 paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of this  subdivision,
 or  reason  to  believe  that]  (A) IN THE ABSENCE OF A GIFT MADE BY THE
 DONOR UNDER SUBDIVISION ONE OF THIS SECTION, AND IN THE ABSENCE OF ACTU-
 AL NOTICE OF CONTRARY INDICATIONS BY THE DECEDENT,  INCLUDING  RELIGIOUS
 OR  MORAL  OBJECTIONS, an anatomical gift [is contrary to the decedent's
 religious or moral beliefs, give all or any part] of the decedent's body
 MAY BE MADE BY ANY MEMBER OF THE FOLLOWING CLASSES  OF  PERSONS  WHO  IS
 REASONABLY  AVAILABLE,  IN THE ORDER OF PRIORITY LISTED, for any purpose
 specified in section forty-three hundred two of this article:
   [(a)] (I) the person designated as the decedent's  health  care  agent
 under  article  twenty-nine-C  of  this  chapter, subject to any written
 statement in the health care proxy form,
   [(b)] (II) the person designated as the decedent's agent in a  written
 instrument under article forty-two of this chapter, subject to any writ-
 ten statement in the written instrument,
   [(c)]  (III) the spouse, if not legally separated from the patient, or
 the domestic partner,
   [(d)] (IV) a son or daughter eighteen years of age or older,
   [(e)] (V) either parent,
   [(f)] (VI) a brother or sister eighteen years of age or older,
   [(g)] (VII) ADULT GRANDCHILDREN OF THE DECEDENT,
   (VIII) A GRANDPARENT OF THE DECEDENT,
   (IX) a guardian of the person of the  decedent  at  the  time  of  his
 death, OR
   [(h)]  (X)  any  other  person  authorized  or under the obligation to
 dispose of the body.
   (B) IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH
 (IV), (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF THIS  SUBDIVISION  ENTI-
 TLED  TO  MAKE  AN  ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A
 MEMBER OF THE CLASS UNLESS THAT MEMBER OR A PERSON KNOWS OF AN OBJECTION
 BY ANOTHER MEMBER OF THE CLASS. IF AN OBJECTION IS KNOWN, THE  GIFT  MAY
 BE  MADE  ONLY BY A MAJORITY OF THE MEMBERS OF THE CLASS WHO ARE REASON-
 ABLY AVAILABLE.
   3. [For the purposes of this  section,  "reasonably  available"  means
 that  a person to be contacted can be contacted without undue effort and
 willing and able to act in a  timely  manner  consistent  with  existing
 medical criteria necessary for the making of an anatomical gift.
   4. For the purposes of this section, "domestic partner" means a person
 who, with respect to another person:
   (a) is formally a party in a domestic partnership or similar relation-
 ship  with  the  other  person, entered into pursuant to the laws of the
 United States or any state, local or foreign jurisdiction, or registered
 as the domestic partner of the person with any  registry  maintained  by
 the  employer  of  either  party  or any state, municipality, or foreign
 jurisdiction; or
   (b) is formally recognized as a beneficiary or  covered  person  under
 the other person's employment benefits or health insurance; or
   (c)  is  dependent  or mutually interdependent on the other person for
 support, as evidenced by the totality of the circumstances indicating  a
 mutual  intent  to  be  domestic  partners including but not limited to:
 common ownership or joint leasing of real or personal  property;  common

 A. 1133--C                          6

 householding,  shared  income  or  shared  expenses; children in common;
 signs of intent to marry or become domestic partners under paragraph (a)
 or (b) of this subdivision; or the length of the  personal  relationship
 of the persons.
   Each  party  to  a  domestic partnership shall be considered to be the
 domestic partner of  the  other  party.  "Domestic  partner"  shall  not
 include a person who is related to the other person by blood in a manner
 that would bar marriage to the other person in New York state. "Domestic
 partner"  shall  also  not  include any person who is less than eighteen
 years of age or who is the adopted child of the other person or  who  is
 related  by  blood in a manner that would bar marriage in New York state
 to a person who is the lawful spouse of the other person.] AN ANATOMICAL
 GIFT MAY NOT BE MADE BY A PERSON  LISTED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION IF:
   (A) A PERSON IN A PRIOR CLASS IS REASONABLY AVAILABLE; OR
   (B) THE PERSON PROPOSING TO MAKE AN ANATOMICAL GIFT KNOWS OF A REFUSAL
 OR  CONTRARY  INDICATIONS  BY THE DECEDENT, INCLUDING THAT AN ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   4. ANY GIFT BY A PERSON DESIGNATED IN SUBDIVISION TWO OF THIS  SECTION
 SHALL  BE BY A DOCUMENT SIGNED BY HIM OR HER OR MADE BY HIS OR HER TELE-
 GRAPHIC, RECORDED TELEPHONIC, OR OTHER RECORDED MESSAGE. WHERE A GIFT IS
 MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE
 DOCUMENT OR MESSAGE THAT HE OR SHE HAS  NO  ACTUAL  NOTICE  OF  CONTRARY
 INDICATIONS  BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN
 AGENT OF THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION  OR  OF
 THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHER-
 WISE  DETERMINE  THAT  THE  DONOR HAS NO ACTUAL NOTICE OF CONTRARY INDI-
 CATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT
 IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   5. The donee shall not accept the gift  under  the  following  circum-
 stances:
   (a)  the  donee  has actual notice of contrary indication by the dece-
 dent;
   (b) where [the donor has not 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 otherwise given written authorization for  organ  or  tissue
 donation, or has revoked any such authorization, and the gift is opposed
 by  a person or persons in the highest priority available of the classes
 specified in paragraph (a), (b), (c), (d),  (e),  (f),  (g)  or  (h)  of
 subdivision two of] IS NOT PROPERLY MADE PURSUANT TO this section; or
   (c) the donee has reason to believe that an anatomical gift is contra-
 ry to the decedent's religious or moral beliefs.
   6.  A  gift of all or part of a body authorizes any examination neces-
 sary to assure medical acceptability of gift for the purposes intended.
   7. The rights of the donee created by the gift are  paramount  to  the
 rights of others except as provided by section forty-three hundred eight
 of this article.
   8.  The  person  who  documents the making, amending or revoking of an
 anatomical gift, acting reasonably and in good faith in accordance  with
 this article, may accept an anatomical gift under this article made by a
 person  who  represents  that  he  or  she is entitled to consent to the
 donation.

 A. 1133--C                          7
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the commissioner of health shall make  regulations  and  take  other
 actions reasonably necessary to implement this act on that date.
 
                                  PART C
            Changes in anatomical gift revocation and amendment

   Section  1. Section 4305 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4305. [Revocation] AMENDMENTS OR REVOCATION of the gift. 1. [If  the
 will,  card,  or other document or executed copy thereof has been deliv-
 ered to a specified donee, the donor] AN INDIVIDUAL WHO  HAS  CREATED  A
 DOCUMENT OF GIFT may amend or revoke the gift by:
   (a)  [the execution and delivery to the donee of a signed statement] A
 RECORD SIGNED BY THE DONOR, or
   (b) an oral statement of  revocation  made  in  the  presence  of  two
 persons, [communicated to the donee] AT LEAST ONE OF WHOM IS A DISINTER-
 ESTED WITNESS, or
   (c) A LATER-EXECUTED DOCUMENT OF GIFT THAT EXPRESSLY AMENDS OR REVOKES
 A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, OR
   (D)  a  statement  during a terminal illness or injury addressed to an
 attending physician and communicated to the donee, or
   [(d)] (E) a signed card or document, found on his OR HER person or  in
 his OR HER effects.
   2. (A) SUBJECT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, AN INDI-
 VIDUAL AUTHORIZED TO MAKE AN ANATOMICAL GIFT PURSUANT TO SUBDIVISION TWO
 OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL REVOKE OR AMEND
 SUCH GIFT BY:
   (I) A RECORD SIGNED BY THE DONOR, OR
   (II)  AN  ORAL  STATEMENT  OF  REVOCATION  MADE IN THE PRESENCE OF TWO
 PERSONS, AT LEAST ONE OF WHOM IS A DISINTERESTED WITNESS, OR
   (III) A LATER-EXECUTED DOCUMENT  OF  GIFT  THAT  EXPRESSLY  AMENDS  OR
 REVOKES A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT.
   (B)  IF  MORE  THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH (IV),
 (VI), (VII) OR (VIII) OF PARAGRAPH (A) OF  SUBDIVISION  TWO  OF  SECTION
 FORTY-THREE  HUNDRED ONE OF THIS ARTICLE IS REASONABLY AVAILABLE, A GIFT
 MADE PURSUANT TO SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED  ONE  OF
 THIS  ARTICLE MAY BE AMENDED ONLY IF A MAJORITY OF THE REASONABLY AVAIL-
 ABLE MEMBERS AGREE TO THE AMENDING OF THE GIFT, OR  REVOKED  ONLY  IF  A
 MAJORITY  OF  THE  REASONABLY AVAILABLE MEMBERS AGREE TO THE REVOKING OF
 THE GIFT OR IF THEY ARE EQUALLY DIVIDED AS  TO  WHETHER  TO  REVOKE  THE
 GIFT.
   (C)  A  REVOCATION  IS  EFFECTIVE ONLY IF, BEFORE AN INCISION HAS BEEN
 MADE TO REMOVE A PART FROM THE DONOR'S BODY OR  BEFORE  INVASIVE  PROCE-
 DURES HAVE BEGUN TO PREPARE THE RECIPIENT, THE PROCUREMENT ORGANIZATION,
 TRANSPLANT HOSPITAL, OR PHYSICIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
   3.  Any  document  of gift[ which has not been delivered to the donee]
 may be revoked in the manner set out in subdivision one OR TWO  of  this
 section  or  by destruction, cancellation, or mutilation of the document
 and all executed copies thereof.
   [3.]  4. Any gift made by a will may be  revoked  or  amended  in  the
 manner  provided  for revocation or amendment of wills or as provided in
 subdivision one of this section.
   5. IN THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR,  A  REVOCATION
 OR  AMENDMENT  OF  AN  ANATOMICAL  GIFT IS NOT A REFUSAL TO MAKE ANOTHER

 A. 1133--C                          8
 
 ANATOMICAL GIFT, EITHER BY THE DONOR  OR  ANOTHER  PERSON  SPECIFIED  IN
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
   § 3. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  4.  This act shall take effect immediately; provided, however, that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last sections of such Parts.

co-Sponsors

2019-A1133D (ACTIVE) - Details

See Senate Version of this Bill:: S1342
Law Section:: Public Health Law
Laws Affected:: Amd §§4300, 4301 & 4305, rpld §4303 sub 5, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: A10959, S8998

2019-A1133D (ACTIVE) - Summary

Amends procedures for making anatomical gifts; specifies persons authorized to make an anatomical gift under certain circumstances; provides procedures for amending and revoking gifts.

2019-A1133D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1133--D
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. GOTTFRIED, ORTIZ -- read once and referred to the
   Committee  on  Health  --  committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and  referred  to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the public health law, in relation  to  definitions  and
   conforming  changes  pertaining  to  anatomical  gifts;  and to repeal
   certain provisions of such law relating thereto (Part A); to amend the
   public health law, in relation to changes in anatomical  gift  consent
   (Part  B);  and to amend the public health law, in relation to changes
   in anatomical gift revocation and amendment (Part C)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The purpose of this legislation is to
 enact changes to follow  the  Uniform  Anatomical  Gift  Act  (UAGA)  as
 updated  in  2006 by the National Conference of Commissioners on Uniform
 State Laws to enhance the  organ  donation  process.  Most  states  have
 adopted  these  changes.  While New York has made recent improvements to
 our organ donation rules and  participation  rates,  we  are  still  way
 behind most states and, as a result, still face a severe organ shortage.
 It  is  estimated that bringing New York's anatomical gift consent rules
 into agreement with UAGA would produce an additional 100 donors - for  a
 total of 200-300 additional organs available - over five years.
   §  2. This act enacts into law changes to the anatomical gift process.
 Each component is wholly contained within a Part identified as  Parts  A
 through  C.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03867-09-9

 A. 1133--D                          2
 
 provision  in  any section contained within a Part, including the effec-
 tive date of the Part, which makes a reference to  a  section  "of  this
 act,"  when  used in connection with that particular component, shall be
 deemed  to  mean  and  refer to the corresponding section of the Part in
 which it is found. Section four of  this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
                    Definitions and conforming changes

   Section  1. Section 4300 of the public health law, as added by chapter
 466 of the laws of 1970, is amended to read as follows:
   § 4300. Definitions. As used in  this  section,  the  following  terms
 shall have the following meanings:
   1.  "Bank  or storage facility" OR "BANK" means a hospital, laboratory
 or other facility licensed or approved under the laws of any  state  for
 storage  of human bodies or parts thereof, for use in medical education,
 research, therapy, or transplantation [to individuals].
   2. "Decedent" means a deceased individual of any  age  WHOSE  BODY  OR
 PART IS OR MAY BE THE SOURCE OF AN ANATOMICAL GIFT and includes a still-
 born infant or fetus.
   3.  "Donor"  means  an  individual [who makes a gift of all or part of
 his] WHOSE body OR PART IS THE SUBJECT OF AN ANATOMICAL GIFT.
   4. "Hospital" means a hospital licensed, accredited, or approved under
 the laws of any state and includes a hospital  operated  by  the  United
 States  Government,  a  state,  or  a  subdivision thereof, although not
 required to be licensed under state laws.
   5. "Part" of a body includes organs, tissues, eyes,  bones,  arteries,
 blood,  other fluids [and] OR other portions of a human body, and "part"
 includes "parts".
   6. "Person" means an individual, corporation,  government  or  govern-
 mental subdivision or agency, business trust, estate, trust, partnership
 or association, or any other legal entity.
   7.  "Physician"  or "surgeon" means a physician or surgeon licensed or
 authorized to practice under the laws of any state.
   8. "State" includes  any  state,  district,  commonwealth,  territory,
 insular  possession,  and  any  other  area  subject  to the legislative
 authority of the United States of America.
   9. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A  PROCUREMENT
 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME-
 LY  MANNER  CONSISTENT  WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE
 MAKING OF AN ANATOMICAL GIFT.
   10. "DOMESTIC PARTNER" MEANS A PERSON WHO,  WITH  RESPECT  TO  ANOTHER
 PERSON:
   (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
 SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
 UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED
 AS THE DOMESTIC PARTNER OF THE PERSON WITH ANY  REGISTRY  MAINTAINED  BY
 THE  EMPLOYER  OF  EITHER  PARTY  OR ANY STATE, MUNICIPALITY, OR FOREIGN
 JURISDICTION; OR
   (B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR  COVERED  PERSON  UNDER
 THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
   (C)  IS  DEPENDENT  OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
 SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING  A
 MUTUAL  INTENT  TO  BE  DOMESTIC  PARTNERS INCLUDING BUT NOT LIMITED TO:
 COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL  PROPERTY;  COMMON

 A. 1133--D                          3
 
 HOUSEHOLDING,  SHARED  INCOME  OR  SHARED  EXPENSES; CHILDREN IN COMMON;
 SIGNS OF INTENT TO MARRY OR BECOME DOMESTIC PARTNERS UNDER PARAGRAPH (A)
 OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE  PERSONAL  RELATIONSHIP
 OF THE PERSONS. EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED
 TO BE THE DOMESTIC PARTNER OF THE OTHER PARTY.  "DOMESTIC PARTNER" SHALL
 NOT  INCLUDE  A  PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A
 MANNER THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN  NEW  YORK  STATE.
 "DOMESTIC  PARTNER"  SHALL  ALSO NOT INCLUDE ANY PERSON WHO IS LESS THAN
 EIGHTEEN YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR
 WHO IS RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW  YORK
 STATE TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   11.  "ANATOMICAL  GIFT" OR "GIFT" MEANS A DONATION OF ALL OR PART OF A
 HUMAN BODY TO TAKE EFFECT AFTER THE DONOR'S DEATH  FOR  THE  PURPOSE  OF
 TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION.
   12.  "DOCUMENT  OF  GIFT"  MEANS 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, AUTHORIZATION TO MAKE AN ANATOMICAL GIFT PURSUANT  TO  ANY  OF  THE
 METHODS  IN  SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE,  OR  ANY  OTHER  WRITTEN  AUTHORIZATION  FOR  ORGAN  OR  TISSUE
 DONATION. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIVER'S LICENSE,
 IDENTIFICATION CARD, OR ENROLLMENT IN A DONOR REGISTRY.
   13.  "DONEE"  MEANS  AN  INDIVIDUAL  OR ENTITY AUTHORIZED TO ACCEPT AN
 ANATOMICAL GIFT PURSUANT TO FORTY-THREE HUNDRED TWO OF THIS ARTICLE.
   14. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO  MAKE  DECISIONS
 REGARDING  THE  SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI-
 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM.
   15. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY  THE
 SECRETARY  OF  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
 AS AN ORGAN PROCUREMENT ORGANIZATION.
   16. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI-
 NATED.
   17. "DISINTERESTED WITNESS" MEANS A WITNESS  OTHER  THAN  THE  SPOUSE,
 CHILD,  PARENT,  SIBLING,  GRANDCHILD, GRANDPARENT, DOMESTIC PARTNER, OR
 GUARDIAN OF THE INDIVIDUAL WHO MAKES, AMENDS,  REVOKES,  OR  REFUSES  TO
 MAKE AN ANATOMICAL GIFT, OR ANOTHER ADULT WHO EXHIBITED SPECIAL CARE AND
 CONCERN FOR THE INDIVIDUAL.
   18.  "CLOSE  FRIEND" MEANS ANY PERSON, EIGHTEEN YEARS OF AGE OR OLDER,
 WHO IS A CLOSE FRIEND OF THE PATIENT, OR A RELATIVE OF THE PATIENT OTHER
 THAN A SPOUSE, ADULT CHILD, PARENT, BROTHER, OR SISTER,  WHO  HAS  MAIN-
 TAINED  REGULAR  CONTACT  WITH  THE  PATIENT  AS TO BE FAMILIAR WITH THE
 PATIENT'S ACTIVITIES, HEALTH, AND RELIGIOUS OR MORAL BELIEFS.
   19. "REFUSAL" MEANS A RECORD CREATED UNDER SECTION FORTY-THREE HUNDRED
 FIVE OF THIS ARTICLE THAT  EXPRESSLY  STATES  AN  INTENT  TO  BAR  OTHER
 PERSONS FROM MAKING AN ANATOMICAL GIFT.
   20.  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   21. "PROCUREMENT ORGANIZATION" MEANS AN EYE  BANK,  ORGAN  PROCUREMENT
 ORGANIZATION, OR TISSUE BANK.
   22.  "EYE  BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED, OR REGU-
 LATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE  RECOVERY,  SCREENING,
 TESTING,  PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR PORTIONS
 OF HUMAN EYES.
   23. "TISSUE BANK" MEANS A PERSON  THAT  IS  LICENSED,  ACCREDITED,  OR
 REGULATED UNDER FEDERAL OR STATE LAW TO SOLICIT, RETRIEVE, PERFORM DONOR

 A. 1133--D                          4
 
 SELECTION  AND/OR  TESTING,  PRESERVE,  TRANSPORT, ALLOCATE, DISTRIBUTE,
 ACQUIRE, PROCESS, STORE OR ARRANGE FOR THE STORAGE OF HUMAN TISSUES  FOR
 TRANSPLANTATION, TRANSFER, THERAPY, ARTIFICIAL INSEMINATION OR IMPLANTA-
 TION, INCLUDING AUTOGENEIC PROCEDURES.
   §  2.  Subdivision  5  of  section  4303  of  the public health law is
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART B
                    Changes in anatomical gift consent
 
   Section 1. Section 4301 of the public health law, as amended by  chap-
 ter  348 of the laws of 2009, subdivision 1 as amended by chapter 248 of
 the laws of 2016, is amended to read as follows:
   § 4301. Persons who may execute an anatomical gift.  1. (a) Any  indi-
 vidual  of sound mind and eighteen years of age or more may [give all or
 any part of his or her body] MAKE AN ANATOMICAL GIFT TO TAKE EFFECT UPON
 THEIR DEATH for any purpose specified in section forty-three hundred two
 of this article, [the gift to take effect upon death] LIMIT  AN  ANATOM-
 ICAL GIFT TO ONE OR MORE OF THOSE PURPOSES, OR REFUSE TO MAKE AN ANATOM-
 ICAL  GIFT.    In  any  case where the donor has A 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,] DOCUMENT OF GIFT, authorization for donation
 shall not be rescinded [by an objection by a member of any of the class-
 es specified in paragraphs (a) through (h) of subdivision  two  of  this
 section,]  OR AMENDED BY ANY OTHER PERSON except upon a showing that the
 donor revoked the authorization PURSUANT TO SECTION FORTY-THREE  HUNDRED
 FIVE OF THIS ARTICLE.
   (b)  Any  person who is sixteen or seventeen years of age and of sound
 mind may [give all or any part of his or her body]  MAKE  AN  ANATOMICAL
 GIFT  TO  TAKE  EFFECT  UPON  THEIR  DEATH  for any purpose specified in
 section forty-three hundred two of  this  article,  [the  gift  to  take
 effect  upon  death]  LIMIT  AN  ANATOMICAL GIFT TO ONE OR MORE OF THOSE
 PURPOSES, OR REFUSE TO MAKE AN ANATOMICAL GIFT.  In any case  where  the
 donor  has  A  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, or has otherwise given written authorization for  organ  or  tissue
 donation] DOCUMENT OF GIFT, notice of such gift shall be provided to the
 donor's parents or [legal] guardians, and authorization for donation may
 be  rescinded or amended by an objection by a parent or [legal] guardian
 of the donor at the time of death and prior to the recovery of any organ
 or tissue if the donor is less than eighteen years of age. An anatomical
 gift made by an individual more than sixteen years of age but less  than
 eighteen  shall  otherwise  not be rescinded, except upon a showing that
 the donor revoked the  authorization  PURSUANT  TO  SECTION  FORTY-THREE
 HUNDRED  FIVE OF THIS ARTICLE.  Upon the donor reaching the age of eigh-
 teen, the donor's consent to donate his or her organs or tissue shall be
 regarded as consent for authorization to make an anatomical gift  PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR, AN
 ANATOMICAL GIFT OF A PART IS NEITHER A REFUSAL TO GIVE OTHER PARTS NOR A

 A. 1133--D                          5
 
 LIMITATION  ON  AN INDIVIDUAL'S ABILITY TO MAKE AN ANATOMICAL GIFT UNDER
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   2.  [Any  of  the  following persons, in the order of priority stated,
 may, when persons in prior classes are not reasonably  available,  will-
 ing, and able to act, at the time of death, and in the absence of actual
 notice  of  contrary  indications  by  the decedent, or actual notice of
 opposition by a member of the same class or  prior  class  specified  in
 paragraph  (a), (b), (c), (d), (e), (f), (g) or (h) of this subdivision,
 or reason to believe that] (A) IN THE ABSENCE OF  A  GIFT  MADE  BY  THE
 DONOR UNDER SUBDIVISION ONE OF THIS SECTION, AND IN THE ABSENCE OF ACTU-
 AL  NOTICE  OF CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING RELIGIOUS
 OR MORAL OBJECTIONS, an anatomical gift [is contrary to  the  decedent's
 religious or moral beliefs, give all or any part] of the decedent's body
 MAY  BE  MADE  BY  ANY MEMBER OF THE FOLLOWING CLASSES OF PERSONS WHO IS
 REASONABLY AVAILABLE, IN THE ORDER OF PRIORITY LISTED, for  any  purpose
 specified in section forty-three hundred two of this article:
   [(a)]  (I)  the  person designated as the decedent's health care agent
 under article twenty-nine-C of this  chapter,  subject  to  any  written
 statement in the health care proxy form,
   [(b)]  (II) the person designated as the decedent's agent in a written
 instrument under article forty-two of this chapter, subject to any writ-
 ten statement in the written instrument,
   [(c)] (III) the spouse, if not legally separated from the patient,  or
 the domestic partner,
   [(d)] (IV) a son or daughter eighteen years of age or older,
   [(e)] (V) either parent,
   [(f)] (VI) a brother or sister eighteen years of age or older,
   [(g)] (VII) ADULT GRANDCHILDREN OF THE DECEDENT,
   (VIII) A GRANDPARENT OF THE DECEDENT,
   (IX)  a  guardian  of  the  person  of the decedent at the time of his
 death, OR
   [(h)] (X) any other person  authorized  or  under  the  obligation  to
 dispose of the body.
   (B) IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN SUBPARAGRAPH
 (IV),  (VI),  (VII) OR (VIII) OF PARAGRAPH (A) OF THIS SUBDIVISION ENTI-
 TLED TO MAKE AN ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY  BE  MADE  BY  A
 MEMBER OF THE CLASS UNLESS THAT MEMBER OR A PERSON KNOWS OF AN OBJECTION
 BY  ANOTHER  MEMBER OF THE CLASS. IF AN OBJECTION IS KNOWN, THE GIFT MAY
 BE MADE ONLY BY A MAJORITY OF THE MEMBERS OF THE CLASS WHO  ARE  REASON-
 ABLY AVAILABLE.
   3.  [For  the  purposes  of this section, "reasonably available" means
 that a person to be contacted can be contacted without undue effort  and
 willing  and  able  to  act  in a timely manner consistent with existing
 medical criteria necessary for the making of an anatomical gift.
   4. For the purposes of this section, "domestic partner" means a person
 who, with respect to another person:
   (a) is formally a party in a domestic partnership or similar relation-
 ship with the other person, entered into pursuant to  the  laws  of  the
 United States or any state, local or foreign jurisdiction, or registered
 as  the  domestic  partner of the person with any registry maintained by
 the employer of either party or  any  state,  municipality,  or  foreign
 jurisdiction; or
   (b)  is  formally  recognized as a beneficiary or covered person under
 the other person's employment benefits or health insurance; or
   (c) is dependent or mutually interdependent on the  other  person  for
 support,  as evidenced by the totality of the circumstances indicating a

 A. 1133--D                          6

 mutual intent to be domestic partners  including  but  not  limited  to:
 common  ownership  or joint leasing of real or personal property; common
 householding, shared income or  shared  expenses;  children  in  common;
 signs of intent to marry or become domestic partners under paragraph (a)
 or  (b)  of this subdivision; or the length of the personal relationship
 of the persons.
   Each party to a domestic partnership shall be  considered  to  be  the
 domestic  partner  of  the  other  party.  "Domestic  partner" shall not
 include a person who is related to the other person by blood in a manner
 that would bar marriage to the other person in New York state. "Domestic
 partner" shall also not include any person who  is  less  than  eighteen
 years  of  age or who is the adopted child of the other person or who is
 related by blood in a manner that would bar marriage in New  York  state
 to a person who is the lawful spouse of the other person.] AN ANATOMICAL
 GIFT  MAY  NOT  BE  MADE  BY  A PERSON LISTED IN SUBDIVISION TWO OF THIS
 SECTION IF:
   (A) A PERSON IN A PRIOR CLASS IS REASONABLY AVAILABLE; OR
   (B) THE PERSON PROPOSING TO MAKE AN ANATOMICAL GIFT KNOWS OF A REFUSAL
 OR CONTRARY INDICATIONS BY THE DECEDENT, INCLUDING  THAT  AN  ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   4.  ANY GIFT BY A PERSON DESIGNATED IN SUBDIVISION TWO OF THIS SECTION
 SHALL BE BY A DOCUMENT SIGNED BY HIM OR HER OR MADE BY HIS OR HER  TELE-
 GRAPHIC, RECORDED TELEPHONIC, OR OTHER RECORDED MESSAGE. WHERE A GIFT IS
 MADE UNDER THIS SUBDIVISION, EITHER: (A) THE DONOR SHALL INDICATE IN THE
 DOCUMENT  OR  MESSAGE  THAT  HE  OR SHE HAS NO ACTUAL NOTICE OF CONTRARY
 INDICATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN  ANATOMICAL
 GIFT IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS; OR (B) AN
 AGENT  OF  THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION OR OF
 THE DONEE SHALL MAKE REASONABLE EFFORT TO INQUIRE OF THE DONOR OR OTHER-
 WISE DETERMINE THAT THE DONOR HAS NO ACTUAL  NOTICE  OF  CONTRARY  INDI-
 CATIONS BY THE DECEDENT AND NO REASON TO BELIEVE THAT AN ANATOMICAL GIFT
 IS CONTRARY TO THE DECEDENT'S RELIGIOUS OR MORAL BELIEFS.
   5.  The  donee  shall  not accept the gift under the following circum-
 stances:
   (a) the donee has actual notice of contrary indication  by  the  dece-
 dent;
   (b)  where  [the  donor has not 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  otherwise  given written authorization for organ or tissue
 donation, or has revoked any such authorization, and the gift is opposed
 by a person or persons in the highest priority available of the  classes
 specified  in  paragraph  (a),  (b),  (c),  (d), (e), (f), (g) or (h) of
 subdivision two of] IS NOT PROPERLY MADE PURSUANT TO this section; or
   (c) the donee has reason to believe that an anatomical gift is contra-
 ry to the decedent's religious or moral beliefs.
   6. A gift of all or part of a body authorizes any  examination  neces-
 sary to assure medical acceptability of gift for the purposes intended.
   7.  The  rights  of the donee created by the gift are paramount to the
 rights of others except as provided by section forty-three hundred eight
 of this article.
   8. The person who documents the making, amending  or  revoking  of  an
 anatomical  gift, acting reasonably and in good faith in accordance with
 this article, may accept an anatomical gift under this article made by a

 A. 1133--D                          7
 
 person who represents that he or she  is  entitled  to  consent  to  the
 donation.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
 
                                  PART C
            Changes in anatomical gift revocation and amendment

   Section 1. Section 4305 of the public health law, as added by  chapter
 466 of the laws of 1970, is amended to read as follows:
   §  4305. [Revocation] AMENDMENTS OR REVOCATION of the gift. 1. [If the
 will, card, or other document or executed copy thereof has  been  deliv-
 ered  to  a  specified donee, the donor] AN INDIVIDUAL WHO HAS CREATED A
 DOCUMENT OF GIFT may amend or revoke the gift by:
   (a) [the execution and delivery to the donee of a signed statement]  A
 RECORD SIGNED BY THE DONOR, or
   (b)  an  oral  statement  of  revocation  made  in the presence of two
 persons, [communicated to the donee] AT LEAST ONE OF WHOM IS A DISINTER-
 ESTED WITNESS, or
   (c) A LATER-EXECUTED DOCUMENT OF GIFT THAT EXPRESSLY AMENDS OR REVOKES
 A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, OR
   (D) a statement during a terminal illness or injury  addressed  to  an
 attending physician and communicated to the donee, or
   [(d)]  (E) a signed card or document, found on his OR HER person or in
 his OR HER effects.
   2. (A) SUBJECT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, AN INDI-
 VIDUAL AUTHORIZED TO MAKE AN ANATOMICAL GIFT PURSUANT TO SUBDIVISION TWO
 OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL REVOKE OR AMEND
 SUCH GIFT BY:
   (I) A RECORD SIGNED BY THE DONOR, OR
   (II) AN ORAL STATEMENT OF REVOCATION  MADE  IN  THE  PRESENCE  OF  TWO
 PERSONS, AT LEAST ONE OF WHOM IS A DISINTERESTED WITNESS, OR
   (III)  A  LATER-EXECUTED  DOCUMENT  OF  GIFT  THAT EXPRESSLY AMENDS OR
 REVOKES A PREVIOUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT.
   (B) IF MORE THAN ONE MEMBER OF A CLASS LISTED  IN  SUBPARAGRAPH  (IV),
 (VI),  (VII)  OR  (VIII)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION
 FORTY-THREE HUNDRED ONE OF THIS ARTICLE IS REASONABLY AVAILABLE, A  GIFT
 MADE  PURSUANT  TO SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF
 THIS ARTICLE MAY BE AMENDED ONLY IF A MAJORITY OF THE REASONABLY  AVAIL-
 ABLE  MEMBERS  AGREE  TO  THE AMENDING OF THE GIFT, OR REVOKED ONLY IF A
 MAJORITY OF THE REASONABLY AVAILABLE MEMBERS AGREE TO  THE  REVOKING  OF
 THE  GIFT  OR  IF  THEY  ARE EQUALLY DIVIDED AS TO WHETHER TO REVOKE THE
 GIFT.
   (C) A REVOCATION IS EFFECTIVE ONLY IF, BEFORE  AN  INCISION  HAS  BEEN
 MADE  TO  REMOVE  A PART FROM THE DONOR'S BODY OR BEFORE INVASIVE PROCE-
 DURES HAVE BEGUN TO PREPARE THE RECIPIENT, THE PROCUREMENT ORGANIZATION,
 TRANSPLANT HOSPITAL, OR PHYSICIAN OR TECHNICIAN KNOWS OF THE REVOCATION.
   3. Any document of gift[ which has not been delivered  to  the  donee]
 may  be  revoked in the manner set out in subdivision one OR TWO of this
 section or by destruction, cancellation, or mutilation of  the  document
 and all executed copies thereof.
   [3.]    4.  Any  gift  made by a will may be revoked or amended in the
 manner provided for revocation or amendment of wills or as  provided  in
 subdivision one of this section.

 A. 1133--D                          8
 
   5.  IN  THE ABSENCE OF CONTRARY INDICATIONS BY THE DONOR, A REVOCATION
 OR AMENDMENT OF AN ANATOMICAL GIFT IS NOT  A  REFUSAL  TO  MAKE  ANOTHER
 ANATOMICAL  GIFT,  EITHER  BY  THE  DONOR OR ANOTHER PERSON SPECIFIED IN
 SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED ONE OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  commissioner  of  health shall make regulations and take other
 actions reasonably necessary to implement this act on that date.
   § 3. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  4.  This act shall take effect immediately; provided, however, that
 the applicable effective dates of Parts A through C of this act shall be
 as specifically set forth in the last sections of such Parts.

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Assembly Bill A1133D

Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

2019-A1133 - Details

2019-A1133 - Summary

2019-A1133 - Bill Text download pdf

2019-A1133A - Details

2019-A1133A - Summary

2019-A1133A - Bill Text download pdf

2019-A1133B - Details

2019-A1133B - Summary

2019-A1133B - Bill Text download pdf

co-Sponsors

2019-A1133C - Details

2019-A1133C - Summary

2019-A1133C - Bill Text download pdf

co-Sponsors

2019-A1133D (ACTIVE) - Details

2019-A1133D (ACTIVE) - Summary

2019-A1133D (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1133D

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Sponsored By

GOTTFRIED R

Archive: Last Bill Status - Stricken

Bill Amendments

2019-A1133 - Details

2019-A1133 - Summary

2019-A1133 - Bill Text download pdf

2019-A1133A - Details

2019-A1133A - Summary

2019-A1133A - Bill Text download pdf

2019-A1133B - Details

2019-A1133B - Summary

2019-A1133B - Bill Text download pdf

co-Sponsors

Felix Ortiz

2019-A1133C - Details

2019-A1133C - Summary

2019-A1133C - Bill Text download pdf

co-Sponsors

Felix Ortiz

2019-A1133D (ACTIVE) - Details

2019-A1133D (ACTIVE) - Summary

2019-A1133D (ACTIVE) - Bill Text download pdf

Comments