2012 New York Consolidated Laws
PBH - Public Health
Article 43 - (4300 - 4310) ANATOMICAL GIFTS
4310 - New York state donate life registry for organ and tissue donations.

 
    §  4310.  New  York  state  donate  life registry for organ and tissue
  donations. 1. The department shall establish an organ and  tissue  donor
  registry,  which  shall be called and be referred to as the "donate life
  registry". Such registry shall contain a listing of all donors who  have
  declared their consent to make an anatomical gift.
    * 2.  Such  registration  of consent to make an anatomical gift can be
  made through (a) indication made on the application or renewal form of a
  license,  (b)  indication  made  on  a  non-driver  identification  card
  application  or  renewal  form,  (c)  enrolling  in the registry website
  maintained by the department, which  may  include  using  an  electronic
  signature  subject  to  article  three  of the state technology law, (d)
  indication made on a voter registration  form  pursuant  to  subdivision
  five  of  section  5-210  of  the election law, or (e) through any other
  method identified by  the  commissioner.  The  registration  shall  take
  effect  upon  the  provision  of  written  or  electronic  notice of the
  registration to the person enrolling in the registry.
    * NB Effective until October 3, 2013
    * 2. Such registration of consent to make an anatomical  gift  can  be
  made through (a) indication made on the application or renewal form of a
  license,  (b)  indication  made  on  a  non-driver  identification  card
  application or renewal form,  (c)  enrolling  in  the  registry  website
  maintained  by  the  department,  which  may include using an electronic
  signature subject to article three of  the  state  technology  law,  (d)
  indication  made  on  a  voter registration form pursuant to subdivision
  five of section 5-210 of the election law,  or  (e)  through  any  other
  method identified by the commissioner. Where required by law for consent
  forms  described  in  paragraphs  (a)  and  (b) of this subdivision, the
  commissioner shall ensure that space is provided on any consent form  so
  that  the applicant shall register or decline registration in the donate
  life registry for organ and tissue donations under this section and that
  the following is stated on the form in clear and conspicuous type:
    "You must fill out the following section: Would you like to  be  added
  to  the  Donate  Life  Registry?  Check  box  for  'yes'  or  'skip this
  question'."
    The commissioner shall not maintain records of any person  who  checks
  "skip  this  question".  Failure  to  check  a  box shall not impair the
  validity of an application, and failure to check "yes" or checking "skip
  this question" shall not be construed to imply a wish not to donate.  In
  the  case  of  an  applicant under eighteen years of age, checking "yes"
  shall not constitute consent to make an anatomical gift or  registration
  in the donate life registry. Where an applicant has previously consented
  to  make  an  anatomical gift or registered in the donate life registry,
  checking "skip this question" or failing to check a box shall not impair
  that consent or registration. The registration shall  take  effect  upon
  the provision of written or electronic notice of the registration to the
  person enrolling in the registry.
    * NB Effective October 3, 2013 until October 3, 2016
    * 2.  Such  registration  of consent to make an anatomical gift can be
  made through (a) indication made on the application or renewal form of a
  license,  (b)  indication  made  on  a  non-driver  identification  card
  application  or  renewal  form,  (c)  enrolling  in the registry website
  maintained by the department, which  may  include  using  an  electronic
  signature  subject  to  article  three  of the state technology law, (d)
  indication made on a voter registration  form  pursuant  to  subdivision
  five  of  section  5-210  of  the election law, or (e) through any other
  method identified by  the  commissioner.  The  registration  shall  take
  effect  upon  the  provision  of  written  or  electronic  notice of the
  registration to the person enrolling in the registry.

    * NB Effective October 3, 2016
    3.  (a)  Information  contained in the registry shall be accessible to
  (i) federally designated organ procurement organizations, (ii)  eye  and
  tissue   banks   licensed   by   the   department  pursuant  to  article
  forty-three-B of this chapter,  and  (iii)  any  other  entity  formally
  approved by the commissioner.
    (b) The information contained in the registry shall not be released to
  any person except as expressly authorized by this section solely for the
  purpose  of identifying potential organ and tissue donors at or near the
  time of death.
    4. If  the  department  had  an  established  registry  prior  to  the
  effective  date  of  this  section,  it  shall  be  deemed  to  meet the
  requirements of this section.
    5. The registry shall provide  persons  enrolled  the  opportunity  to
  specify which organs and tissues they want to donate and if the donation
  can be used for transplantation, research, or both.
    6.  A  person  registered  in the organ and tissue registry before the
  effective date of this subdivision shall be  deemed  to  have  expressed
  intent  to  donate, until and unless he or she files an amendment to his
  or her registration or a new registration expressing consent to donate.
    7. The commissioner shall contact each person  registered  before  the
  effective  date  of this subdivision in the organ and tissue registry in
  writing to inform him or her that at the time he or she registered,  the
  registry was that of intent and that the registry is now one of consent,
  to  explain  in  clear  and  understandable terms the difference between
  intent and consent, and to provide opportunity for the person to  change
  his  or  her  registration  to  provide  consent  by amending his or her
  current registration or executing a new registration.
    8. The commissioner is authorized to promulgate rules and  regulations
  necessary to implement the provisions of this section.