Establishes Lauren's law requiring the commissioner of health to ask applicants about joining the donate life registry on consent applications

5 Co-sponsors

• Patrick M. Gallivan
• Mark Grisanti
• Jeffrey D. Klein
• Diane J. Savino
• David J. Valesky

BILL NUMBER:S7103A

Title of bill

An act to amend the public health law and the vehicle and traffic law, in relation to establishing Lauren's law; and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

The purpose of this legislation is to change existing law so that individuals who apply for a New York State Drivers License must complete the section of the application as it pertains to the organ donor registry. The applicant must check the box for either "yes" or "skip this question" under the organ donor registry section of the application.

Summary of specific provisions

Section 1. The act shall be cited as "Lauren's Law."

Section 2. The bill amends the public health law to require the commissioner to ensure that there is space provided on any consent application, such as but not limited to, an application or renewal form of a license, non-driver identification card application or renewal form to register or decline registration in the donate life registry. On the application, in clear and conspicuous writing, an individual would be required to check either "yes" or "skip this question" when answering the question "Would you like to be added to the Donate life registry?"

The bill also provides that the commissioner does not have to maintain records of any person who checks "skip this question." Failure to check a. box will not impair the validity of the application and failure to check"yes" or checking "skip this question" will not be interpreted as a wish not to donate.

Sections 3 Amends the public health law requiring that when an anatomical gift is made, the donor shall indicate that the donor has no knowledge of contrary intentions by the decedent and is not contrary to the decedents religious beliefs.

Section 4 and 5 Amends the vehicle and traffic law to allow on the application for a driver's license or learner's permit in clear and conspicuous writing, an individual would be required to check either "yes" or "skip this question" when answering the question "Would you like to be added to the Donate life registry?"

Justification

According to the New York State Organ Donor Network, New York State currently has the lowest Donor Designation Rate (DDR) in the United States. In total, only 11% of eligible donors are currently enrolled in The New York State Organ and Tissue Registry.

This number starkly Contrasts to the national average of 43%. In some states, such as Utah and Iowa, the DDR ranges between 65-70%. This bill will create a new model for organ and tissue donation that is aimed at significantly increasing that percentage while taking into consideration all of the individual rights of persons to decline enrollment into the program.

Prior legislative history

Similar to S.3885-A which passed the Senate in 2011. 2011: A.10039: Passed Assembly Health

Fiscal implications

None.

Effective date

One year after it shall have become a law; provided that the commissioners of health and motor vehicles may implement sections two, four and five of this act within their respective jurisdictions before that date; and provided, further, that the provisions of this act shall expire and be deemed repealed three years after such effective date.