Authorizes persons 16 years of age or older to make an anatomical gift

Section 2 of the bill amends subdivision 5 of section 4310 of the law, which directs the department to create a means by which sixteen and seventeen year olds can register their consent to donate their organs, eyes, and tissue in the NYS Donate Life Registry, and to make that means available to the department of motor vehicles, the board of elections, online, and by a contractor administering the NYS Donate Life Registry.

Sections 3 and 4 make conforming changes to sections 490 and 502 of the vehicle and traffic law to allow for those 16 and above to register their consent to donate.

Section 5 of the bill provides the effective date

Justification

Deciding to become an organ and tissue donor is a charitable and generous decision many young adults would like to make. However, New York is one of only five states in the nation that requires an individual be 18 or older to enroll in an organ and tissue donor registry. This leaves young people without a mechanism to document their consent to donate and puts parents in the difficult situation of having to assume what their teenage child would have wanted should a tragedy occur. This legislation will allow New Yorkers aged 16 or older who wish to consent to donation the ability to enroll in the New York State Donate Life Registry. However, in the event that the young person may be considered for organ, eye or tissue donation, the parents of that individual will be notified and given the final authorization for donation to take place.

With this change in policy, New York will address an important procedural barrier to enrollments in the New York State Donate Life Registry. Most individuals go to the Department of Motor Vehicles (DMV) to apply for their Junior Driver license when they are 16. However, DMV automatic renewal process does not provide an opportunity to ask these drivers to complete the. organ and tissue donation section on their license applications until they are in their late twenties. Currently, 47 states have either no restriction on the minimum age for an organ and tissue donor registration or allow for enrollment at an age younger than 18. This legislation will allow New York to join these states in granting 16 and 17 year olds the opportunity to express their consent to donate.

New York is in the midst of a public health crisis where the need for organs for transplant far exceeds the supply. The state must do a better job of promoting the New York State Donate Life Registry and raise it out of 51st ranking among the 52 existing registries. 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 in our state 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, treating burn patients and preventing 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 on the 180th day after enactment 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.