What's happening
The New York Gift Act updates state law to align with the Uniform Anatomical Gift Act, modernizing organ and tissue donation procedures to increase organ donations and clarify consent, revocation, and use.
Why it matters
Clarifies and broadens key definitions. The bill updates and modernizes terms such as “anatomical gift,” “document of gift,” and “donor,” providing more precise legal definitions that reduce ambiguity about who can donate, how consent is given, and how gifts can be revoked or amended.
Strengthens donor autonomy and protections. Individuals’ wishes regarding organ and tissue donation are made paramount—once a donor has made a valid gift, it cannot be overridden by others (with limited exceptions for minors). This protects a donor’s explicit intent and streamlines the process for honoring those wishes.
Refines procedures for consent, revocation, and conflict resolution. The legislation sets detailed processes for making, amending, or revoking anatomical gifts, and establishes clear protocols for resolving conflicts between end-of-life directives and donation intentions—helping ensure that neither organ donation nor end-of-life care is unintentionally compromised.
Expands eligible recipients and regulates non-transplant uses. By specifying who can receive anatomical gifts (including hospitals, research institutions, and non-transplant banks) and under what circumstances, the act supports both transplantation and research needs, while implementing safeguards and requiring transparency in the disposition and use of donated bodies and parts.
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Who cares
Organ donors and their families
The bill would revise consent and revocation rules, add adult grandchildren and grandparents to the priority list for authorizing donations, and allow majority decisions when certain relatives disagree.
Hospitals and health care agents
The bill would establish procedures for resolving conflicts between donation and advance directives and restrict withdrawal of measures needed to preserve organs while donation decisions are addressed.
Organ procurement organizations, eye banks and tissue banks
The bill would set rules for routing donated parts, impose hospital-level confidentiality standards on their employees and agents, and protect reasonable, good-faith reliance on the state donor registry.
Medical schools and non-transplant anatomic banks
The bill would require procurement organizations to make reasonable efforts in specified circumstances to identify prior research or education gifts and notify the designated non-transplant anatomic bank.
Headline styles
Update Organ Donation Rules
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Approval memo.87
- Signed chap.742
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.658
- Substituted for A7800A
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.1611
- Committee discharged and committed to rules
Show 3 earlier actions
- Print number 6000a
- Amend and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Organ Donation Law
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6000--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sens. RIVERA, CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to definitions and conforming changes pertaining to anatomical gifts (Part A); to amend the public health law, in relation to changes in anatomical gift revocation and amendment; and to repeal certain… Show allHide
AN ACT to amend the public health law, in relation to definitions and conforming changes pertaining to anatomical gifts (Part A); to amend the public health law, in relation to changes in anatomical gift revocation and amendment; and to repeal certain provisions of such law relating thereto (Part B); to amend the public health law, in relation to uses and dispositions of anatomical gifts; and to repeal certain provisions of such law relating thereto (Part C); to amend the public health law, in relation to delivery of documents of gift (Part D); to amend the public health law, in relation to rights and duties of donees at death (Part E); to amend the public health law, in relation to interactions between advance directives and anatomical gifts (Part F); and to amend the public health law, in relation to prohibition of sales or purchase of human organs (Part G)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The purpose of this legislation is to incorporate the amended provisions of the Uniform Anatomical Gift Act (UAGA) as drafted by the National Conference of Commissioners on Uniform State Laws to enhance the organ donation process. The UAGA was enacted in 1968 following the first successful heart transplant and was revised in 1987 and 2006 to clarify consent rules and other processes. While New York has made recent improvements to its organ donation registry and processes, it still faces a severe organ shortage. It is estimated that bringing New York's anatomical gift consent rules alone into agreement with the UAGA would result in increased numbers of organ donors and would save lives through transplantation. Provisions of this act should not be construed to interfere with a potential donor's recorded intent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11680-08-9
S. 6000--A 2
to make a whole body donation in instances where the potential donor's body is suitable for such donation at death, nor does the gift of a whole body preclude donation for transplant, unless such use is expressly refused by the donor or the authorizing party.
§ 2. Short title. This act shall be known and may be cited as the "New York Gift Act".
§ 3. This act enacts into law changes to the anatomical gift process. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Sections four and five of this act set forth the severability and the general effective dates of this act, respectively.
PART A
Section 1. Section 4300 of the public health law, as added by chapter 466 of the laws of 1970, is amended to read as follows:
§ 4300. Definitions. As used in this [section] article, the following terms shall have the following meanings:
1. ["Bank or storage facility" means a hospital, laboratory or other facility licensed or approved under the laws of any state for storage of human bodies or parts thereof, for use in medical education, research, therapy, or transplantation to individuals] "Anatomical gift" or "gift" means a donation of a whole body or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education.
2. "Decedent" means a deceased individual of any age [and] whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant [or] and, subject to restrictions imposed by law other than this article, a fetus.
3. "Disinterested witness" means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or a close friend, or another adult who is related to the decedent by blood, marriage, or adoption.
4. "Document of gift" means an organ donor card, whole body 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, authorization to make an anatomical gift pursuant to any of the methods in subdivision five of section forty-three hundred ten of this article, or any other written authorization for an anatomical gift. The term "document of gift" includes a statement on a driver's license, identification card, enrollment in a donor registry, or any other anatomical gift document valid pursuant to the laws of this or any other state.
5. "Domestic partner" has the same meaning as described in subdivision seven of section twenty-nine hundred ninety-four-a of this chapter.
6. "Donee" means an individual or entity authorized to accept an anatomical gift pursuant to section forty-three hundred two of this article.
7. "Donor" means an individual [who makes a gift of all or part of his] whose body or part is the subject of an anatomical gift.
S. 6000--A 3
[4.] 8. "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
9. "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
10. "Hospital" means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under state laws.
[5.] 11. "Human paired organ donation" means the donation and receipt of human organs under the following circumstances:
(a) An individual (referred to in this subdivision as the "first donor") desires to make a living donation of a human organ specifically to a particular patient (referred to in this subdivision as "first patient"), but such donor is biologically incompatible as a donor for such patient.
(b) A second individual (referred to in this subdivision as the "second donor") desires to make a living donation of a human organ specifically to a second particular patient (referred to in this subdivision as the "second patient"), but such donor is biologically incompatible as a donor for such patient.
(c) Subject to paragraph (d) of this subdivision, the first donor is biologically compatible as a donor of a human organ for the second patient, and the second donor is biologically compatible as a donor of a human organ for the first patient.
(d) If there is any additional donor-patient pair as described in paragraph (a) or (b) of this subdivision, each donor in the group of donor-patient pairs is biologically compatible as a donor of a human organ for a patient in such group.
(e) All donors and patients in the group of donor-patient pairs (whether two pairs, or more than two pairs) enter into a single agreement to donate and receive such human organs, respectively, according to such biological compatibility in the group.
(f) Other than as described in paragraph (e) of this subdivision, no valuable consideration is knowingly acquired, received, or otherwise transferred with respect to the human organs referred to in such paragraph.
12. "Non-transplant anatomic bank" means any person or facility that solicits, retrieves, performs donor selection and/or testing, preserves, transport, allocates, distributes, acquires, processes, stores, or arranges for the storage of non-transplant anatomic parts, including whole bodies, body segments, organs, or tissues from living or deceased donors, for education and/or research purposes specifically authorized by section forty-three hundred two of this article. The following shall not constitute a non-transplant anatomic bank:
(a) Any person or entity that stores non-transplant anatomic parts, except whole bodies and body segments, solely for purposes of research and/or education conducted by such person; provided the person or entity maintains on its premises a properly executed anatomical gift consent document, and
(i) such person or entity is a legal donee pursuant to section fortythree hundred two of this article and obtains all organs/tissues from a tissue bank or non-transplant anatomic bank licensed by the department; or
S. 6000--A 4
(ii) is a general hospital conducting pathology services or research on non-transplant anatomic parts including whole bodies, recovered from within the facility from a living or deceased source;
(b) Any person or entity whose activities within the state of New York are limited to distribution of non-transplant anatomic parts to a tissue bank or non-transplant anatomic bank licensed by the department;
(c) Any person or entity that uses prepared slides and/or human-derived stem cell lines for purposes of education and/or research; and
(d) An employee of the federal government, provided an anatomical gift consent document has been executed in accordance with section fortythree hundred one of this article.
13. "Organ procurement organization" means a person designated by the secretary of the United States Department of Health and Human Services as an organ procurement organization.
14. "Parent" means a parent whose parental rights have not been terminated.
15. "Part" of a body means and includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts". The term does not include the whole body.
[6.] 16. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
[7.] 17. "Physician" or "surgeon" means a physician or surgeon licensed or authorized to practice under the laws of any state.
[8.] 18. "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
19. "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
20. "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
21. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
22. "Refusal" means a record created under section forty-three hundred five of this article that expressly states an intent to bar other persons from making an anatomical gift.
23. "State" includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America.
24. "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to solicit, retrieve, perform donor selection and/or testing, preserve, transport, allocate, distribute, acquire, process, store or arrange for the storage of human tissues for transplantation, transfer, therapy, artificial insemination or implantation, including autogeneic procedures.
25. "Whole body" means the intact corporeal remains of an individual after the time of death.
26. "Whole body donor card" means a card or other writing indicating the donor's authorization to make an anatomical gift of a whole body to a non-transplant anatomic bank or other donee for purposes of education or research.
S. 6000--A 5
§ 2. This act shall take effect immediately.
PART B
Section 1. Section 4301 of the public health law, as amended by chapter 348 of the laws of 2009, subdivision 1 as amended by chapter 248 of the laws of 2016, is amended to read as follows:
§ 4301. Persons who may execute an anatomical gift. 1. (a) Any individual of sound mind and eighteen years of age or more may [give all or any part of his or her body] make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two of this article, [the gift to take effect upon death] limit an anatomical gift to one or more of those purposes, or refuse to make an anatomical gift. In any case where the donor has a 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,] document of gift authorization for donation shall not be rescinded [by an objection by a member of any of the classes specified in paragraphs (a) through (h) of subdivision two of this section,] or amended by any other person except upon a showing that the donor revoked the authorization pursuant to section forty-three hundred five of this article.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to definitions and conforming changes pertaining to anatomical gifts (Part A); to amend the public health law, in relation to changes in anatomical gift revocation and amendment; and to repeal certain provisions of such law relating thereto (Part B); to amend the public health law, in relation to uses and dispositions of anatomical gifts; and to repeal certain provisions of such law relating thereto (Part C); to amend the public health law, in relation to delivery o documents of gift (Part D); to amend the public health law, in relation to rights and duties of donees at death (Part E); to amend the public health law, in relation to interactions between advance directives and anatomical gifts (Part F); and to amend the public health law, in relation to prohibition of sales or purchase of human organs (Part G)
Purpose
The purpose of this bill is to increase New York's poor rates of organ and tissue donation and strengthen the autonomy of donors. The legis- lation also brings New York into harmony with the 48 other states by adopting the most recent 2006 version of the Uniform Anatomical Gift Act.
Summary of specific provisions
Section 1: Legislative intent
Read the full memo (1,579 words)
Section 2: Short title.
Section 3: Explanation of the structure of the bill
Part A-
Section 1: Amends section 4300 of the public health law to align with definitions set forth in the Uniform Anatomical Gift Act and with other existing sections of public health law.
Section 2: Effective date.
Part B-
Section 1: Amends section 4301 of the public health law to include classes of persons not currently authorized to make an anatomical gift in circumstances where a gift had not been made by a donor, provide that if there is a group of members in a category that is authorized to make decisions regarding anatomical gifts by a potential donor, the group's decision is made by a simple majority (with a tie being insufficient to make such gift) within that class; and conforms definitions with defi- nitions as amended in Part A, section 1.
Section 2: Amends section 4305 of the public health law to enact the same provisions as in Part B, section 1, for decisions to alter or revoke an anatomical gift (with a tie being insufficient to amend or revoke such gift); and conforms with definitions as amended in Part A, section 1. Section 3: Repeals subdivision 5 of section 4303 of the public health law as its provisions are incorporated in section 4301; and repeals article 43-A, as its provisions are: superseded by federal regulation; incorporated into Parts A, B and E; or are moot by incorporation into article 43 more generally.
Section 3-a: Repeals article 43-A of the public health law Section 4: Effective date.
Part C-
Section 1: Repeals section 4302 of the public health law as its provisions are incorporated into a new section 4302; sets forth a new section 4302 of public health law clarifying: the uses and dispositions of anatomical gifts, who may be the recipient of an anatomical gift, what entities receive undesignated gifts, the sequence of use for anatomical gifts without a designated priority, the disposition of anatomical gifts not passing under other provisions, that persons may not receive anatomical gifts that were not validly mad e under sections 4301 or 4305 of the public health law as amended by Part B in conformity with the uniform act.
Section 2: Effective date.
Part D-
Section 1: Amends section 4304 of the public health law to provide that a copy of a document of gift need not be executed for that gift to be valid, and that delivery of a document of gift is not necessary for validity of that gift; and makes conforming changes with definitions as amended in Part A, section 1.
Section 2: Effective date.
Part E-
Section 1: Amends section 4306 of the public health law to provide civil and criminal indemnification for persons and entities acting in good faith under the provisions of article 43; and adopts a provision from article 43-A providing employees or agents of organ procurement organ- izations, and employees of organ or tissue banks are subject to the same rules of confidentiality as those imposed on employees of hospitals.
Section 2: Effective date and regulatory authority.
Part F-
Section 1: Amends article 43 of public health law to add a new section 4306-a clarifying the interactions between advance healthcare direc- tives, proxy documents, and anatomical gifts; providing a clear order of authority of those able to clarify the wishes of the donor, with the donor themselves paramount in that order where possible; provides that conflicts between directives should be resolved as expeditiously as possible; and provides that where not contraindicated by appropriate end of life care, measures to maintain the medical suitability of the anatomical gift should be maintained until any conflict is resolved.
Section 2: Amends article 43 of public health law to add a new section 4306-b providing that measures to maintain the medical suitability of the anatomical gift shall be maintained until the procurement organiza- tion has advised the appropriate parties of the opportunity to make an anatomical gift.
Section 3: Effective date.
Part G-
Section 1: Amends section 4307 of the public health law to make conform- ing changes with definitions as amended in Part A, section 1.
Section 2: Effective date. Section 4: Severability.
Section 5: Effective dates and regulatory authority.
Justification
The purpose of this bill is to increase New York's poor rates of organ and tissue donation and strengthen the autonomy of donors. The legis- lation also brings New York into harmony with the 48 other states by adopting the most recent 2006 version of the Uniform Anatomical Gift Act.
The UAGA was enacted in 1968 following the first successful heart trans- plant and was revised in 1987 and 2006 to clarify consent rules and other processes integral to anatomical gifts nationwide. At the time of introduction, 48 other states have adopted the 2006 amendments to their laws, but New York has not. Among the important provisions included in the NY Gift Act are those: expanding the members of classes eligible to make or amend anatomical gifts, empowering a simple majority of decision makers in a single class to make a gift, allowing for interpretation of advance directives which are also documents of gift and providing addi- tional time to exchange critical information among various parties, including the prospective donor's family and medical professionals.
Provisions contained within the New York Gift Act create a more inclu- sive prioritized list of those who may authorize or amend an anatomical gift on behalf of a deceased individual. This act includes expanded classes of decision-makers recognized nationwide, but previously unrec- ognized in New York. Under the provisions of this act adult grandchil- dren and grandparents will be recognized as valued decision makers as they are already under other areas of New York State law.
Under current law, in instances when a deceased individual has not docu- mented his or her decision to make an anatomical gift, a single person may negate the authorization for donation made or amended by a simple majority of family members within the same class. This act would provide that when there are multiple family members within the same class, the simple majority of those individuals will be empowered to authorize or amend a donation (a tie will be insufficient to make or amend a gift). Changes proposed in this act provide a nationally familiar, fair process for family members making decisions; while simultaneously simplifying those discussions.
This act contains provisions clarifying precisely how a donor's gift or gifts will be carried out and to whom, under a very thorough set of circumstances. Adoption of these provisions into law will bring welcomed clarity to a variety of scenarios. For example, when a donor has docu- mented multiple and/or end of life decisions via an advanced directive, health care proxy and/or donor registration, this legislation ensures a process for reconciling and fulfilling these equally important docu- mented decisions. The proposal allows for an opportunity for family members, physicians, and the recovery agency to review and clearly iden- tify the individual's priorities and final wishes.
Unfortunately, donation most often occurs when a death is sudden and unexpected. In instances when a deceased individual has not documented their decision to make an anatomical gift and their wishes regarding donation are unknown, this act would require that the clinical opportu- nity for donation be maintained until the donation status is ascer- tained. The UAGA addresses the need to create time and space for recov- ery agencies to exchange critical information among the various parties, including the prospective donor's family and medical professionals. These provisions, which are have been incorporated into the laws of 48 other states, would have a marked impact on the viability of anatomic gifts that might otherwise be lost under current law.
While New York has made recent improvements to our organ donation proce- dures, rules, and participation rates, we still face a severe organ shortage. Bringing New York's anatomical gift laws into agreement with the UAGA stands to markedly increase the rate of organ donation and availability of organs for transplantation, and will help save the lives of New Yorkers.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
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