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S7721Senate2009-2010 SessionSame asA9881

Relates to presumed consent

Sponsor Thomas K. DuaneSD-29+1 co-sponsorAffects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

1 Co-sponsor

History

  1. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9881Assembly

Relates to presumed consent

In Assembly Committee · Health · Sponsor Richard Brodsky

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to presumed consent

Purpose

The purpose of this legislation is to change existing law so that residents of the State of New York over the age of eighteen who designate that they wish to execute an anatomical gift in the event of their death or legal incapacitation, are presumed to consent the execution of that gift despite the possible objections of their next of kin.

Summary of provisions

Amends §4301 of public health law, as amended by chapter 348 of the laws of 2009, to modify the current system in relation to presumed consent and organ and tissue donation procedures.

Justification

According to the national organization, Donate Life America, New York State's exceptionally low number of registered organ donors (13% of people 18 and older) ranks 4th in the United States and is far behind the national average of 37%. Furthermore, the number of New Yorkers currently enrolled in the New York State Organ and Tissue Registry puts New York in last place for those states reporting with donor registries.

While New York is languishing at or near the bottom based on most accepted measures, approximately 10,000 New Yorkers are on the national waiting list for organs in literally a "life-and-death" waiting game.

As such, it is imperative that the state honor the intentions of all persons who agree to enroll in the New York State Organ and Tissue Registry. Lives are lost every day because other individuals attempt to supersede the expressed wishes of individuals who can no longer speak for themselves. Statuary imposition of a presumption of consent will end this practice, and save lives.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.