Relates to organ donation

Summary of provisions

Section 1 of the bill would amend Public Health Law ("PHL") § 4310 to provide that notice to enrollees of their registration in the Registry need not be "written," clarifying that such notice may be made by electronic means.

Section 2 of the bill would amend State Technology Law ("STL") 307(1) to allow the use of an electronic signature to amend or revoke, as well as to provide initial, consent for the making of an anatomical gift through the Registry.

Section 3 of the bill would provide for an immediate effective date,

Existing law

PHL § 4310 requires the Department of Health ("DOH") to establish the Registry and provides for Registry enrollment as a means by which individuals can register their consent to make an anatomical gift.

STL § 307 allows the use of an electronic signature for enrollment in the registry, but otherwise prohibits the use of an electronic signature for certain other transactions, including documents providing for the disposition of a person's body upon death. The current language of the State Technology Law does not clearly authorize the use of an electronic signature for other Registry transactions.

Legislative history

Chapter 161 of the Laws of 2010 permitted the use of an electronic signature for registration in the Registry.

Statement in support

Today, approximately 113,000 people - 9,700 of them New Yorkers - are on the national waiting list for organ transplants. On average, 18 people die every day in the United States, because they did not receive a desperately needed organ. Organ donation can made by a deceased donor, who can elect to donate his or her kidneys, pancreas, liver, lungs, heart and/or intestinal organs, or a living donor, who can give a kidney, or a portion of the liver, lung, intestine, or pancreas. In addition, various types of tissues can be donated and used to enhance health or save lives. For example, donated skin can be used to help someone recover from severe burns, and a donated heart valve can help repair a cardiac defect. The tissues donated by one person can positively impact the lives of over 50 other people. Moreover, a donated cornea can help preserve or restore the sight of the recipient.

In New York, an individual who is at least 18 years old may make a gift, effective upon death, of any part of his or her body (including organs, tissues and eyes) for the purpose of transplantation or medical research by registering with the Registry. Individuals can consent to make such a gift by: (1) indicating consent when applying for or renewing a driver's license or a non-driver's identification card at the Department of Motor Vehicles; (2) signing a consent form when registering to vote with a county board of elections; (3) filling out a Registry enrollment form with a local organ procurement organization or tissue bank; (4) signing a form, available from the DOH website and returning it by mail to DOH; and (5) enrolling through the Registry website to register electronically by use of an electronic signature. This last option has only recently become available in New York, but its ease of use is anticipated to substantially increase the number of enrollees within the State - a desperately needed improvement, given that New York State currently has one of the lowest registration rates in the nation.

To further enhance the convenience of the electronic signature option, this bill would provide that in addition to initially enrolling in the Registry through the website, individuals may also amend or revoke their registration through such means. In addition, the bill clarifies that notice of an individual's registration - which must be provided to such person upon his or her enrollment in the Registry - could be written or electronic, permitting such notice to be made by electronic means when appropriate.

Budget implications

This bill is not anticipated to have a fiscal impact on the State.

Effective date

This bill would take effect immediately.