Creates the anatomical gift act; repealer

2 Co-sponsors

• Suzi Oppenheimer
• Dale M. Volker

Title of bill

An act to amend the public health law, in relation to creating the anatomical gift act; to amend the public health law and the vehicle and traffic law, in relation to making certain technical amendments thereto; and to repeal articles 43 and 43-A of the public health law relating to anatomical gifts

Purpose or general idea of bill

This bill widens the class of individuals authorized to make a gift after the donor's death; makes it consistent with New York State disposition of remains law; supports the decision making process at the time of death by recognizing a health care agent for consent purposes; and allows recovery organizations to work with individuals who are "reasonably available" to make donation decisions.

Summary of specific provisions

Repeals articles 43 and 43-A of the public health law relating to anatomical gifts and a new article 43 is added. Section 4300 adds several definitions such as "donor registry"; "organ procurement organization"; "prospective donor" and "eye bank." § 4302 and 4303 establishes guidelines for who can make an anatomical gift before death and the manner of making an anatomical gift before death. § 4304- 4305 allow for the revoking of an anatomical gift before a donor's death and names who may revoke this gift. § 4306 establishes who can make an anatomical gift of a decedent's body or part § 4307 establishes how an anatomical gift can be made and how this gift can be amended or revoked. § 4308 establishes who may receive an anatomical gift and the purpose of an anatomical gift. § 4309 declares who can make a reasonable search of an individual to confirm the deceased is a donor. § 4310 establishes when the document of gift shall be delivered and by whom. § 4311 establishes the rights and duties of procurement agencies and others. § 4312 requires hospitals to enter into agreements with procurement organizations for coordination of procurement and use of anatomical gifts. § 4313 prohibits the sale or purchase of body parts. Subdivision two of this section allows for a reasonable amount to be charged for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a body part. § 4314 establishes a person who intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift guilty of a felony and creates a fine and/or imprisonment. § 4315 creates immunity for a person who attempts to act in good faith when making an anatomical gift. § 4316 establishes the law governing validity. § 4317 creates an organ and tissue donor registry. Names the registry the "New York donate life registry. " § 4318 defines "advanced health care directive"; "declaration"; and "health- care decision." Establishes guidelines in regards to the effect of an anatomical gift on advance healthcare directives. § 4319 requires cooperation between the coroner or medical examiner and organ procurement organizations with the purpose of maximizing the opportunity to recover anatomical gifts. § 4320 allows, upon request of a procurement organization, the release of contact information, available medical history and social history of a decedent whose body is under the jurisdiction of the coroner or medical examiner to procurement organizations.