Authorizes 15-17 year olds to register to donate organs and tissue upon their death

Summary of provisions

Section (1) Subdivision 1 of section 4301 of the public health law, as amended by chapter 348 of the laws of 2009, is amended to read as follows:

(b) Any individual of sound mind and age of fifteen or more but less than eighteen years of age, may give all or any part of his or her body for any purpose specified in section forty-three hundred two of this article, the gift to take effect upon death. Provided, however, that even in any case where the donor has properly executed an organ donor card, driver's license authorization to make an anatomical gift, pursuant to paragraph

(a) of subdivision one of section five hundred four of the vehicle and traffic law, registered in the New York State organ and tissue donor registry under section forty-three hundred ten of this article, or has otherwise given written authorization for organ or tissue donation, authorization for donation may be rescinded by a rejection by either parent or legal guardian of the person of the decedent at the time of his or her death.

§ 2. Section 4310 of the public health law is amended by adding a new subdivision 2-a to read as follows:

2-a An individual fifteen years of age or more, but less than eighteen years of age, who consents to make an anatomical gift may register his or her consent by any of the methods provided in subdivision two of this section, provided however, that such registration shall also require a signature by either parent or the legal guardian of the person registering his or her consent. The department shall establish a form to be available in schools, at the department of motor vehicle, and at the department which shall enable an individual between the ages of fifteen and seventeen to register his or her consent to make an anatomical gift and which provides a signature line for the parent or legal guardian, in addition to the signature line for the individual, The department and the department of motor vehicles shall accept such registration of consent by mail, in person, or by electronic submission.

Existing law

§ 4301. Persons who may execute an anatomical gift. 1. Any individual of sound mind and eighteen years of age or more may give all or any part of his or her body for any purpose specified in section forty-three hundred two of this article, the gift to take effect upon

death. In any case where the donor has properly executed an organ donor card, driver's license authorization to make an anatomical gift, pursuant to paragraph

§ 2. Section 4310 of the public health law is amended by adding a new subdivision 2-a as shown above

Justification

The New York State Public Health law currently does not provide a mechanism for people less than 18 years of age to register in the Donate Life Registry. Without this mechanism young people wishing to participate in the donor program are left with no choice but to be excluded. This is unfortunate considering the much needed organ donors and those people on the waiting on list for an organ or tissue transplant. At times many of these people sit on lists for extended periods of time. Although an untimely death of a young person is tragic to say the least, sitting on that waiting list reduces the quality of life for that individual. We as members of a great society must always search for ways to help better the lives of our neighbors. This legislation once passed will amend the current law to allow a person under the age of 18 an opportunity to show his/her intent, in the event of an untimely death, by being allowed to register with the Donate Life Registry. Registering will not however take away parent's rights in the event of that child's death prior to age 18. If that child should meet an unfortunate death, the parent will still have the option to refuse removal of any organ, tissue or fluid from the child's body.

A person between the ages of 15-17 years old cannot register in the Donate Life Registry using the intent for the purpose of donating organs in the event of his/her death.

Anyone wishing to register in the Donate of Life Registry will be allowed to do so by going to the local Department of Motor Vehicles and filling out a donor's card. This person must provide proof of age by showing a birth certificate, an ID provided by the local policing agency indicating the age of the person or a valid driver's license. That person will then be entered into the Donor of Life Registry. The next time this individual gets or renews a driver license a symbol of a heart will appear on his/her license to identify that person as a donor. If a person does not possess a driver's license, he/she will receive a donor card which indicates this individual as a donor.

Legislative history

2011-12: S7457 (BONACIC) - REPORTED AND COMMITTED TO RULES 2011-12 A8860 (Latimer) - Referred to Codes

Fiscal implications

Minimal but to be determined

Local fiscal implications

None

Effective date

This act will take effect immediately after passage by the Assembly the Senate and signed by the Governor.