Provides for the effect of skipping a question on a registration of consent to make an anatomical gift

3 Co-sponsors

• David Carlucci
• Patrick M. Gallivan
• George Latimer

BILL NUMBER:S5101A

Title of bill

An act to amend the public health law and the vehicle and traffic law, in relation to registration of consent to make an anatomical gift

Purpose

To ensure that when people are applying for a New York State drivers license they complete the section of the application relating to making an anatomical gift which requires them to check either "yes" or "skip this question".

Summary of provisions

Section 1 amends section 4310 of the Public Health Law to remove language which allows an application for a driver's license to be processed even if neither the "yes" or "skip this question" box is checked in the section relating to signing up as a organ donor, when the application is made in person or electronically

Sections 2 and 3 make the same amendments to sections of the vehicle and traffic law.

Section 4 - Effective date.

Justification

In 2012, Lauren's Law, named after a young girl whose life was saved by a heart transplant, was created with the intent to require driver license applicants to actively choose whether they would like to become a registered organ, eye and tissue donor on the New York State Donate Life Registry. However, because the statute did not invalidate an application that left the organ and tissue donation section blank, it has not resulted in as much of a change in the administrative processes at the Department of Motor Vehicles as had been hoped. This legislation would fulfill the intent of Lauren's Law and prevent any driver license, renewal or non-driver identification application from being processed without the organ donation section being completed. This section of the Department of Motor Vehicle documentation raises awareness about signing up as an organ donor and allows an applicant to check "yes" and become a donor or check "skip this question". By allowing people to skip the whole section and not check a box, New York is missing an important opportunity to educate the public about the option available to donate their organs and give the gift of life by enrolling as a donor on the New York State Donate Life Registry.

New York is in the midst of a public health crisis where the need for organs for transplant far exceeds the supply and the state must do a better job of promoting the organ and tissue donor registry and raise our ranks nationally. While the state has taken steps to increase donations, including allowing sign up through the driver license process, more than 10,000 New Yorkers are on the national transplant waiting list and one person dies every 15 hours because an organ did not become available to save their life. Amazingly, one single organ donor can save the lives of 8 people and a tissue donor can improve 50

lives by restoring eyesight, treat burn patients and prevent the loss of mobility and disability.

This legislation will ensure that New York is doing all it can to provide individuals with the opportunity to save lives by enrolling in the New York State Donate Life Registry.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately provided that the amendments to the public health and vehicle and traffic law shall not affect the expiration of the existing sections and shall expire therewith.