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: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-08 - 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. LBD05740-01-9A. 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 orA. 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.
