S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2702
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the tax law, in relation to the tax credit for organ and
   tissue donors and to amend the  public  health  law,  in  relation  to
   allowing  persons  fourteen and fifteen years old to register  to make
   an anatomical gift with parental notification, and  requiring  certain
   tax  documents to include organ donation  check box (Part A); to amend
   the education law, in relation to directing the commissioner of educa-
   tion to make recommendations to the board of regents relating  to  the
   adoption  in  instruction  in  high schools of information relating to
   blood, bone marrow and organ and tissue donations (Part B);  to  amend
   the  education  law,  in relation to education requirements for physi-
   cians and nurses relating to organ and tissue  donation  and  recovery
   (Part  C); to amend the public health law, in relation to state agency
   mandatory inquiry provisions (Part D); and to amend the county law, in
   relation to coroner and medical examiner protocols (Part E)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "AJ's Law".
   §  2.  This act enacts into law major components of legislation neces-
 sary to implement certain provisions regarding the donation  of  anatom-
 ical  gifts. Each component is wholly contained within a Part identified
 as Parts A through E. 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 effective 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00249-01-5
 A. 2702                             2
              

 
                                  PART A
 
   Section  1.    Section  606  of the tax law is amended by adding a new
 subsection (qqq) to read as follows:
   (QQQ) ORGAN AND TISSUE DONATION CREDIT. (1) ALLOWANCE OF  CREDIT.  FOR
 TAX YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE,
 A  TAXPAYER  SHALL BE ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE FOR ELIGIBLE UNREIMBURSED  EXPENSES  ASSOCIATED  WITH  ORGAN  OR
 TISSUE  DONATION.  THE  AMOUNT OF THE CREDIT MAY NOT EXCEED TEN THOUSAND
 DOLLARS. ELIGIBLE EXPENSES SHALL INCLUDE UNREIMBURSED EXPENSES  INCURRED
 BY  THE  TAXPAYER,  THE  SPOUSE  OF THE TAXPAYER, OR THE PARENT OR LEGAL
 GUARDIAN OF A DEPENDENT DONOR AND ARE RELATED TO THE TAXPAYER'S OR THEIR
 DEPENDENT'S ORGAN OR TISSUE DONATION, INCLUDING:  (I)  TRAVEL  EXPENSES;
 (II)  LODGING  EXPENSES;  (III)  LOST  WAGES; (IV) CHILD CARE COSTS; (V)
 LEGAL  AND  ADMINISTRATIVE  COSTS;  AND  (VI)  OTHER  NECESSARY  MEDICAL
 EXPENSES NOT COVERED BY THE TAXPAYER'S HEALTH INSURANCE PLAN.
   (2)  ELIGIBILITY.  TO  BE  ELIGIBLE  FOR THE ORGAN AND TISSUE DONATION
 CREDIT, A TAXPAYER, THEIR SPOUSE, OR THE TAXPAYER'S DEPENDENT SHALL HAVE
 DONATED ONE OR MORE OF THEIR HUMAN ORGANS OR TISSUES  TO  ANOTHER  HUMAN
 BEING FOR HUMAN ORGAN OR TISSUE TRANSPLANTATION. A TAXPAYER WOULD NOT BE
 ELIGIBLE  FOR THIS CREDIT FOR ANY DONATION FOR WHICH THE TAXPAYER, THEIR
 SPOUSE, OR THE TAXPAYER'S DEPENDENT HAS RECEIVED BENEFITS UNDER  SECTION
 FORTY-THREE HUNDRED SEVENTY-ONE OF THE PUBLIC HEALTH LAW.
   (3)  APPLICATION  OF CREDIT. A TAXPAYER APPLYING FOR THIS CREDIT SHALL
 PROVIDE, IN A MANNER PRESCRIBED  BY  THE  COMMISSIONER,  PROOF  OF  SUCH
 ELIGIBLE  UNREIMBURSED  EXPENSES.  THE  COMMISSIONER  SHALL DEVELOP SUCH
 RULES AND REGULATIONS AS NECESSARY  FOR  THE  VERIFICATION  OF  ELIGIBLE
 UNREIMBURSED  EXPENSES.  IF  THE  AMOUNT  OF  CREDIT  ALLOWED UNDER THIS
 SUBSECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE
 TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED  DOLLAR  MINIMUM  AMOUNT,
 ANY  EXCESS AMOUNT OF CREDIT WILL BE TREATED AS AN OVERPAYMENT OF TAX TO
 BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
 THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS
 OF  SUBSECTION  (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 2. Section 171 of the tax law is amended by adding a new subdivision
 twenty-ninth to read as follows:
   TWENTY-NINTH. REQUIRE THAT ANY TAX DOCUMENT THAT IS SUBJECT TO  MANDA-
 TORY  ELECTRONIC  FILING  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION
 TWENTY-NINE OF THIS CHAPTER INCLUDE AN OPTION IN THE FORM OF A CHECK-OFF
 BOX FOR TAXPAYERS TO ELECT TO REGISTER WITH THE NEW  YORK  STATE  DONATE
 LIFE  REGISTRY  FOR  ORGAN,  EYE AND TISSUE DONATIONS IN ACCORDANCE WITH
 SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW.
   § 3. Paragraph (b) of subdivision 1 of  section  4301  of  the  public
 health    law,  as  amended by section 1 of part B of chapter 742 of the
 laws of 2019, is amended to read as follows:
   (b) Any person who is FOURTEEN, FIFTEEN, sixteen or seventeen years of
 age and of sound mind may make an anatomical gift to  take  effect  upon
 their death for any purpose specified in section forty-three hundred two
 of  this  article,  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  document of gift, notice of such gift
 shall be provided to the donor's parents or guardians, and authorization
 for donation may be rescinded or amended by an objection by a parent  or
 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
 A. 2702                             3
 
 anatomical gift made by an individual more than [sixteen] FOURTEEN 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 reach-
 ing the age of eighteen, the donor's consent to donate [his or her]  THE
 DONOR'S  organs or tissue shall be regarded as consent for authorization
 to make an anatomical gift pursuant to paragraph (a)  of  this  subdivi-
 sion.
   §  4. Paragraph (a) and subparagraph (i) of paragraph (b)  of subdivi-
 sion  5  of  section  4310  of  the  public health law, paragraph (a) as
 amended by chapter 29 of the laws of 2023, and subparagraph (i) of para-
 graph (b) as amended by chapter 758 of the laws of 2022, are amended  to
 read as follows:
   (a)  Such  organ,  eye  and  tissue registration of consent to make an
 anatomical gift can be made through: (i) indication made on the applica-
 tion or renewal form of a driver's license, (ii) indication  made  on  a
 non-driver  identification card application or renewal form, (iii) indi-
 cation made on a voter registration form pursuant to subdivision five of
 section 5-210 of the election law, (iv) indication made on the  applica-
 tion  for, or manual renewal application by an account holder of, health
 care coverage offered through the  NY  State  of  Health,  the  official
 Health Plan Marketplace, (v) enrollment through the donate life registry
 website,  (vi)  paper  enrollment submitted to the donate life registry,
 (vii) indication made on the application or renewal form of  a  hunting,
 fishing  or  trapping  license issued pursuant to title seven of article
 eleven of the environmental conservation law, (viii) indication made  on
 transactions  administered  by  the  office  of temporary and disability
 assistance through the mybenefits.ny.gov website, or any such  successor
 website; (ix) indication made on applications, renewals or related tran-
 sactions  for  college financial aid, grants, or scholarships offered or
 administered through any website  maintained  by  the  higher  education
 services corporation; (x) indication made by an insured and/or applicant
 for  insurance during enrollments, renewals, and the initial process for
 an insured in setting up an online  member  service  portal  with  their
 insurer  for accident and health insurance policies and contracts issued
 pursuant to article forty-four of this chapter, article forty-two of the
 insurance law, or article forty-three of the  insurance  law,  excepting
 renewals  made  through the NY State of Health, the official Health Plan
 Marketplace, other than those specifically  referenced  in  subparagraph
 (iv)  of  this paragraph and paragraph (v) of subdivision one of section
 two hundred six of this chapter; and provided, however, that nothing  in
 this  section  shall apply to the medical assistance program under title
 eleven of article five of the social services law; [or] (xi)  INDICATION
 MADE ON ANY TAX DOCUMENT THAT IS SUBJECT TO MANDATORY ELECTRONIC  FILING
 IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-NINE OF THE TAX LAW;
 OR  (XII)  through  any other method identified by the commissioner. The
 department shall establish a means by  which  to  register  the  consent
 given  by  individuals  who are sixteen or seventeen years of age in the
 donate life registry, and shall make registration available  by  any  of
 the methods provided in subparagraphs (i), (ii), (iii), (iv), (v), (vi),
 (vii), (viii), (ix), (x) [and], (xi) AND (XII) of this paragraph.
   (i)  Where required by law for transactions described in subparagraphs
 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) AND (XII) of para-
 graph (a) of this subdivision, the commissioner shall ensure, in consul-
 tation with the head of any agency required  to  implement  such  trans-
 action,  that  space  is  provided  on  any  required  form  so that the
 A. 2702                             4
 
 applicant shall register or decline  registration  in  the  donate  life
 registry for organ, eye and tissue donations under this section and that
 the following is stated on the form in clear and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   § 5. This act shall take effect immediately; provided that:
   (a) the provisions of section one of this act shall apply to tax years
 beginning on or after January 1, 2025;
   (b)  the amendments to paragraph (a) and subparagraph (i) of paragraph
 (b) of subdivision  5  of section 4310 of the public health law made  by
 section four of  this act shall take effect on the one hundred eightieth
 day after  this act shall have become a law; and
   (c)  if chapter 758 of the laws of 2022 shall not have taken effect on
 or before such date then section  four  of  this act shall  take  effect
 on  the  same date and in the same manner as such chapter of the laws of
 2022 takes effect.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or  regulation  necessary  for  the  implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART B
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 57 to read as follows:
   57. A. THE COMMISSIONER SHALL MAKE RECOMMENDATIONS  TO  THE  BOARD  OF
 REGENTS  RELATING TO THE ADOPTION OF INSTRUCTION IN INFORMATION RELATING
 TO BLOOD, BONE MARROW AND ORGAN AND TISSUE DONATIONS  AND  THE  WAYS  IN
 WHICH  SUCH  DONATIONS  CAN  BE  BENEFICIAL  TO  OTHERS,  IN SENIOR HIGH
 SCHOOLS.
   B. PRIOR TO MAKING THE RECOMMENDATIONS TO THE BOARD  OF  REGENTS,  THE
 COMMISSIONER SHALL:
   (I)  SEEK  THE  RECOMMENDATIONS  OF  TEACHERS,  SCHOOL ADMINISTRATORS,
 TEACHER EDUCATORS AND OTHERS WITH EDUCATIONAL EXPERTISE IN THE  PROPOSED
 CURRICULUM;
   (II) SEEK COMMENT FROM PARENTS, STUDENTS AND OTHER INTERESTED PARTIES;
   (III)  CONSIDER  THE AMOUNT OF INSTRUCTIONAL TIME SUCH CURRICULUM WILL
 REQUIRE AND WHETHER SUCH TIME WOULD DETRACT FROM OTHER MANDATED  COURSES
 OF STUDY;
   (IV)  CONSIDER  THE  FISCAL  IMPACT,  IF  ANY, ON THE STATE AND SCHOOL
 DISTRICTS; AND
   (V) CONSIDER ANY ADDITIONAL FACTORS THE COMMISSIONER DEEMS RELEVANT.
   C. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE A RECOMMENDATION TO THE
 BOARD  OF  REGENTS  TO EITHER ADOPT AND PROMULGATE APPROPRIATE RULES AND
 REGULATIONS IMPLEMENTING SUCH CURRICULUM OR REJECT THE IMPLEMENTATION OF
 SUCH CURRICULUM. UPON RECEIVING A RECOMMENDATION FROM THE  COMMISSIONER,
 PURSUANT  TO THIS SUBDIVISION, THE BOARD OF REGENTS SHALL VOTE TO EITHER
 ACCEPT OR REJECT THE COMMISSIONER'S RECOMMENDATION NO LATER  THAN  SIXTY
 DAYS AFTER RECEIVING SUCH RECOMMENDATION.
   D.  IF  THE  BOARD  OF  REGENTS ADOPTS SUCH CURRICULUM, THE CURRICULUM
 REQUIREMENT SHALL TAKE EFFECT NO LATER THAN THE NEXT SCHOOL  YEAR  AFTER
 SUCH CURRICULUM HAS BEEN ADOPTED.
   E.  IF  THE BOARD OF REGENTS REJECTS SUCH CURRICULUM, THE COMMISSIONER
 SHALL PROVIDE A REPORT OF THE DETERMINATION OF THE BOARD TO  THE  GOVER-
 NOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY
 A. 2702                             5
 
 AND THE CHAIRS OF  THE  SENATE  AND  ASSEMBLY  COMMITTEES  ON  EDUCATION
 PROVIDING  THE  REASONS  FOR  SUCH  REJECTION NOT LATER THAN THIRTY DAYS
 AFTER THE BOARD OF REGENTS REJECTS SUCH CURRICULUM.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. The education law is amended by adding a new section 6524-a
 to read as follows:
   §  6524-A.  REQUIREMENTS  FOR PHYSICIAN TRAINING RELATIVE TO ORGAN AND
 TISSUE DONATION AND RECOVERY. THE COMMISSIONER, IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH, THE BOARD OF MEDICINE, AND WITH THE ORGAN PROCURE-
 MENT ORGANIZATIONS DESIGNATED PURSUANT TO 42 U.S.C.S.1320B-8 TO SERVE IN
 THE STATE OF NEW YORK, SHALL PRESCRIBE BY REGULATION THE FOLLOWING ADDI-
 TIONAL REQUIREMENTS FOR PHYSICIAN TRAINING:
   (1) THE CURRICULUM IN NEW YORK STATE DEGREE PROGRAMS REGISTERED BY THE
 DEPARTMENT FOR THE PURPOSES OF MEETING THE  EDUCATION  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  SHALL  INCLUDE INSTRUCTION IN ORGAN AND TISSUE
 DONATION AND RECOVERY  DESIGNED  TO  ADDRESS  CLINICAL  ASPECTS  OF  THE
 DONATION  AND  RECOVERY PROCESS AND THE RIGHTS OF LIVING ORGAN DONORS AS
 SET FORTH IN TITLE TWO OF ARTICLE FORTY-THREE-B  OF  THE  PUBLIC  HEALTH
 LAW.
   (2)  COMPLETION  OF ORGAN AND TISSUE DONATION AND RECOVERY INSTRUCTION
 AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION SHALL BE  REQUIRED  AS  A
 CONDITION  OF  RECEIVING  A DIPLOMA FROM A SCHOOL OR COLLEGE OF MEDICINE
 OFFERING A DEGREE PROGRAM REGISTERED BY THE DEPARTMENT FOR THE  PURPOSES
 OF MEETING THE EDUCATION REQUIREMENTS SET FORTH IN THIS ARTICLE.
   (3)  A  SCHOOL OR COLLEGE OF MEDICINE OFFERING A NEW YORK STATE DEGREE
 PROGRAM REGISTERED BY THE DEPARTMENT FOR THE  PURPOSES  OF  MEETING  THE
 EDUCATION REQUIREMENTS SET FORTH IN THIS ARTICLE WHICH INCLUDES INSTRUC-
 TION  IN  ORGAN AND TISSUE DONATION AND RECOVERY AS PROVIDED IN SUBDIVI-
 SION ONE OF THIS SECTION IN ITS CURRICULA SHALL OFFER SUCH TRAINING  FOR
 CONTINUING EDUCATION CREDIT.
   (4)  A  PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE PRIOR TO
 THE EFFECTIVE DATE OF THIS SECTION, WHO WAS NOT REQUIRED TO RECEIVE  AND
 DID NOT RECEIVE INSTRUCTION IN ORGAN AND TISSUE DONATION AND RECOVERY AS
 PART OF A NEW YORK STATE DEGREE PROGRAM REGISTERED BY THE DEPARTMENT FOR
 THE  PURPOSES  OF  MEETING  THE EDUCATION REQUIREMENTS SET FORTH IN THIS
 ARTICLE IS ENCOURAGED TO COMPLETE SUCH  TRAINING  NO  LATER  THAN  THREE
 YEARS  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION. THE TRAINING MAY BE
 COMPLETED THROUGH AN ON-LINE, CREDIT-BASED COURSE DEVELOPED  BY  OR  FOR
 THE  ORGAN PROCUREMENT ORGANIZATIONS, IN COLLABORATION WITH PROFESSIONAL
 MEDICAL ORGANIZATIONS IN THE STATE.
   § 2. The education law is amended by adding a new section 6913 to read
 as follows:
   § 6913.  REQUIREMENTS  FOR  TRAINING  RELATIVE  TO  ORGAN  AND  TISSUE
 DONATION  AND  RECOVERY.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE
 DEPARTMENT OF HEALTH, THE STATE BOARD FOR NURSING, AND  WITH  THE  ORGAN
 PROCUREMENT  ORGANIZATIONS  DESIGNATED PURSUANT TO 42 U.S.C.S.1320B-8 TO
 SERVE IN THE STATE OF  NEW  YORK,  SHALL  PRESCRIBE  BY  REGULATION  THE
 FOLLOWING REQUIREMENTS FOR NEW YORK STATE NURSING EDUCATION PROGRAMS:
   1.  NEW  YORK  STATE CERTIFICATE AND DEGREE PROGRAMS REGISTERED BY THE
 DEPARTMENT FOR THE PURPOSES OF MEETING THE  EDUCATION  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  SHALL  INCLUDE INSTRUCTION IN ORGAN AND TISSUE
 DONATION AND RECOVERY  DESIGNED  TO  ADDRESS  CLINICAL  ASPECTS  OF  THE
 DONATION  AND  RECOVERY PROCESS AND THE RIGHTS OF LIVING ORGAN DONORS AS
 A. 2702                             6
 
 SET FORTH IN TITLE TWO OF ARTICLE FORTY-THREE-B  OF  THE  PUBLIC  HEALTH
 LAW.
   2. COMPLETION OF ORGAN AND TISSUE DONATION AND RECOVERY INSTRUCTION AS
 PROVIDED  IN  SUBDIVISION  ONE  OF  THIS  SECTION SHALL BE REQUIRED AS A
 CONDITION OF RECEIVING A DIPLOMA OR CERTIFICATE FROM A  NEW  YORK  STATE
 CERTIFICATE  OR  DEGREE  PROGRAM  REGISTERED  BY  THE DEPARTMENT FOR THE
 PURPOSES OF MEETING THE EDUCATION REQUIREMENTS SET FORTH IN  THIS  ARTI-
 CLE.
   3.  NEW  YORK  STATE CERTIFICATE AND DEGREE PROGRAMS REGISTERED BY THE
 DEPARTMENT FOR THE PURPOSES OF MEETING THE  EDUCATION  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  WHICH INCLUDES INSTRUCTION IN ORGAN AND TISSUE
 DONATION AND RECOVERY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION  IN
 ITS CURRICULA SHALL OFFER SUCH TRAINING FOR CONTINUING EDUCATION CREDIT.
   4.  (A)  AN INDIVIDUAL LICENSED OR CERTIFIED TO PRACTICE IN THIS STATE
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, WHO  WAS  NOT  REQUIRED  TO
 RECEIVE AND DID NOT RECEIVE INSTRUCTION IN ORGAN AND TISSUE DONATION AND
 RECOVERY  AS  PART  OF  A  NEW  YORK STATE CERTIFICATE OR DEGREE PROGRAM
 REGISTERED BY THE DEPARTMENT FOR THE PURPOSES OF MEETING  THE  EDUCATION
 REQUIREMENTS  SET  FORTH  IN THIS ARTICLE IS ENCOURAGED TO COMPLETE SUCH
 TRAINING NO LATER THAN THREE YEARS AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.  THE TRAINING MAY BE COMPLETED THROUGH AN ON-LINE, CREDIT-BASED
 COURSE DEVELOPED BY OR  FOR  THE  ORGAN  PROCUREMENT  ORGANIZATIONS  AND
 APPROVED BY THE COMMISSIONER.
   (B)  THE COMMISSIONER MAY WAIVE THE REQUIREMENT IN THIS SUBDIVISION IF
 AN APPLICANT FOR LICENSE OR  CERTIFICATE  RENEWAL  DEMONSTRATES  TO  THE
 SATISFACTION  OF  THE  COMMISSIONER  THAT THE APPLICANT HAS ATTAINED THE
 SUBSTANTIAL EQUIVALENT OF THIS REQUIREMENT THROUGH COMPLETION OF A SIMI-
 LAR COURSE IN  THE  APPLICANT'S  POST-SECONDARY  EDUCATION  WHICH  MEETS
 CRITERIA ESTABLISHED BY THE COMMISSIONER.
   § 3. This act shall take effect immediately.
 
                                  PART D
 
   Section  1. Section 4300 of the public health law is amended by adding
 a new subdivision 27 to read as follows:
   27. "STATE AGENCY" SHALL MEAN ANY DEPARTMENT,  AGENCY,  BOARD,  PUBLIC
 BENEFIT  CORPORATION,  PUBLIC  AUTHORITY,  OR  COMMISSION  HAVING DIRECT
 CONTACT WITH PERSONS RECEIVING SERVICES FROM SUCH ENTITY.
   § 2. The public health law is amended by adding a new section 4311  to
 read as follows:
   §  4311.  MANDATORY  VERBAL  ORGAN DONOR REGISTRATION INQUIRY BY STATE
 AGENCIES. 1. STATE AGENCIES, AS DEFINED BY SUBDIVISION  TWENTY-SEVEN  OF
 SECTION  FORTY-THREE HUNDRED OF THIS ARTICLE, SHALL INQUIRE OF ANY INDI-
 VIDUAL SEEKING IN-PERSON SERVICES WHETHER SUCH INDIVIDUAL IS  INTERESTED
 IN RECEIVING INFORMATION ABOUT HOW TO REGISTER IN THE DONATE LIFE REGIS-
 TRY  FOR  ORGAN,  EYE,  AND  TISSUE  DONATIONS UNDER SECTION FORTY-THREE
 HUNDRED TEN OF THIS ARTICLE.
   2. THE COMMISSIONER, IN  CONSULTATION  WITH  ANY  CONTRACTOR  SELECTED
 PURSUANT  TO  SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED TEN OF THIS
 ARTICLE, SHALL PROVIDE EDUCATIONAL INFORMATION  AND  REGISTRATION  FORMS
 ALLOWING  INDIVIDUALS TO REGISTER IN THE DONATE LIFE REGISTRY FOR ORGAN,
 EYE AND TISSUE DONATIONS UNDER SUBDIVISION FORTY-THREE  HUNDRED  TEN  OF
 THIS  ARTICLE,  TO STATE AGENCIES AS DEFINED BY SUBDIVISION TWENTY-SEVEN
 OF SECTION FORTY-THREE HUNDRED OF THIS ARTICLE, TO BE PROVIDED TO  INDI-
 VIDUALS WHO RESPOND IN THE AFFIRMATIVE TO THE INQUIRY REQUIRED BY SUBDI-
 VISION ONE OF THIS SECTION.
 A. 2702                             7
 
   § 3. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 671 of
 the county law, paragraph (a) as amended by chapter 764 of the  laws  of
 1976  and  paragraph  (b) as amended by chapter 322 of the laws of 2021,
 are amended and a new paragraph (c) is added to read as follows:
   (a) shall make inquiry into unnatural deaths within [his]  THE  county
 as prescribed by law;
   (b) shall make inquiry into all deaths whether natural or unnatural in
 [his  or  her]  THE  county occurring to an incarcerated individual of a
 correctional facility as defined by subdivision three of  section  forty
 of  the  correction  law,  whether or not the death occurred inside such
 facility[.]; AND
   (C) SHALL DEVELOP A PROTOCOL FOR MAKING REFERRALS OF DEATHS THAT  FALL
 UNDER  THEIR JURISDICTION AND OCCUR OUTSIDE OF A HOSPITAL. THIS PROTOCOL
 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, REQUIRING A CALL BE MADE  TO
 THE  FEDERALLY  DESIGNATED ORGAN PROCUREMENT ORGANIZATION. THE FEDERALLY
 DESIGNATED ORGAN PROCUREMENT ORGANIZATION WILL THEN MAKE DONOR  REGISTRY
 VERIFICATION AND A DONOR SUITABILITY DETERMINATION.
   § 2. This act shall take effect immediately.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Parts A through E of this act shall be
 as specifically set forth in the last section of such Parts.