Bill Text: NY A06857 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires that space be provided on applications for student loan and aid progams, for the applicant to register in the "donate life registry" for organ, eye and tissue donation established pursuant to section 4310 of the public health law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-22 - referred to higher education [A06857 Detail]

Download: New_York-2019-A06857-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6857
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 22, 2019
                                       ___________
        Introduced  by  M.  of  A. ORTIZ, GALEF -- read once and referred to the
          Committee on Higher Education
        AN ACT to amend the public health law and the education law, in relation
          to requiring the president of the  New  York  state  higher  education
          services  corporation  to include space for registering in the "donate
          life registry" for organ, eye and tissue donations on applications for
          student aid and loan programs; and to repeal certain provisions of the
          public health law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  (a)  of  subdivision  5 of section 4310 of the
     2  public health law, as separately amended by chapters 40 and 248  of  the
     3  laws of 2016, is amended to read as follows:
     4    (a)  Such  organ,  eye  and  tissue registration of consent to make an
     5  anatomical gift can be made through: (i) indication made on the applica-
     6  tion or renewal form of a driver's license, (ii) indication  made  on  a
     7  non-driver  identification card application or renewal form, (iii) indi-
     8  cation made on a voter registration form pursuant to subdivision five of
     9  section 5-210 of the election law, (iv) indication made on the  applica-
    10  tion  for  health care coverage offered through the state health benefit
    11  exchange, (v) enrollment through the donate life registry website,  (vi)
    12  paper enrollment submitted to the donate life registry, [or] (vii) indi-
    13  cation  made  on  application  for a student aid or loan program awarded
    14  pursuant to article fourteen of the education law, or (viii) through any
    15  other method identified by the commissioner. The department shall estab-
    16  lish a means by which to register the consent given by  individuals  who
    17  are  sixteen  or seventeen years of age in the donate life registry, and
    18  shall make registration available by any  of  the  methods  provided  in
    19  subparagraphs  (i), (ii), (iii), (iv), (v) [and], (vi), (vii) and (viii)
    20  of this paragraph.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05740-01-9

        A. 6857                             2
     1    § 2. Paragraphs (b) and (c) of subdivision 5 of section  4310  of  the
     2  public  health law are REPEALED and a new paragraph (b) is added to read
     3  as follows:
     4    (b)  Enrollment  or  amendment  or  revocation through the donate life
     5  registry website through any of the means listed in this subdivision may
     6  be signed by electronic signature, in accordance with the provisions  of
     7  article three of the state technology law, supported by the use of suit-
     8  able  mechanisms  including  unique identifiers to provide confidence in
     9  the identity of the  person  providing  the  electronic  signature.  The
    10  registration  shall  take  effect upon the provision of written or elec-
    11  tronic notice of the registration to the  individual  enrolling  in  the
    12  donate life registry.
    13    § 2-a. Paragraphs (d), (e) and (f) of subdivision 5 of section 4310 of
    14  the public health law are relettered paragraphs (c), (d) and (e).
    15    §  3. Subdivision 1 of section 206 of the public health law is amended
    16  by adding a new paragraph (w) to read as follows:
    17    (w) require, in consultation and cooperation with the president of the
    18  New York state higher education services corporation, that  every  indi-
    19  vidual  applying  for  a student aid or loan program awarded pursuant to
    20  article fourteen of the education law, be provided space  so  that  such
    21  applicant  may register in the "donate life registry" for organ, eye and
    22  tissue donations under section forty-three hundred ten of  this  chapter
    23  with  the following stated in clear conspicuous type: "Would you like to
    24  be added to the Donate Life Registry?  Check box for 'yes' or 'skip this
    25  question'". The commissioner shall not maintain records  of  any  person
    26  who checks "skip this question". Except where the application is made in
    27  person  or  electronically,  failure to check a box shall not impair the
    28  validity of an application, and failure to check "yes" or checking "skip
    29  this question" shall not be construed to imply a wish not to donate.  In
    30  the  case  of  an  applicant  under sixteen years of age, checking "yes"
    31  shall not constitute consent to make an anatomical gift or  registration
    32  in the donate life registry. Where an applicant has previously consented
    33  to  make  an  anatomical gift or registered in the donate life registry,
    34  checking "skip this question" or failing to check a box shall not impair
    35  that consent or registration.
    36    § 4. Paragraph a of subdivision 4 of section 655 of the education law,
    37  as amended by chapter 202 of the laws of 1996, is  amended  to  read  as
    38  follows:
    39    a.  Application for and the granting and administration of student aid
    40  and loan programs, the repayment of loans or the guarantee of loans made
    41  by the corporation; and administrative functions in support of state and
    42  federal  student aid programs. Provided that the president shall provide
    43  on each application for a student aid or loan program  awarded  pursuant
    44  to this article, space for the applicant to register in the "donate life
    45  registry"  for  organ,  eye and tissue donations established pursuant to
    46  section forty-three hundred ten  of  the  public  health  law  with  the
    47  following  stated  on  the  application  in  clear and conspicuous type:
    48  "Would you like to be added to the Donate Life Registry? Check  box  for
    49  the  'yes'  or  'skip  this  question'".  The regents shall not maintain
    50  records of any person who checks "skip this question". Failure to  check
    51  "yes" or checking "skip this question" shall not be construed to imply a
    52  wish  not  to donate. In the case of an applicant under sixteen years of
    53  age, checking "yes" shall not constitute consent to make  an  anatomical
    54  gift  or  registration in the donate life registry. Provided, that where
    55  an applicant has previously consented to  make  an  anatomical  gift  or

        A. 6857                             3
     1  registered  in  the "donate life registry", failing to check a box shall
     2  not impair such consent or registration.
     3    §  5. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.  Effective  immediate-
     5  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
     6  necessary for the implementation of this act on its effective  date  are
     7  authorized to be made and completed on or before such effective date.
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