Bill Text: NY S04488 | 2009-2010 | General Assembly | Introduced
Bill Title: Creates the anatomical gift act; repeals current provisions; enacts procedures for making anatomical gifts; widens the class of individuals authorized to make a gift after the donor's death; recognizes a healthcare agent for consent purposes; allows recovery organizations to work with individuals who are "reasonably available" to make donation decisions.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S04488 Detail]
Download: New_York-2009-S04488-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4488 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to creating the anatomical gift act; to amend the public health law and the vehicle and traffic law, in relation to making certain technical amendments thereto; and to repeal articles 43 and 43-A of the public health law relating to anatomical gifts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "Anatomical 2 Gift Act". 3 S 2. Articles 43 and 43-A of the public health law are REPEALED and a 4 new article 43 is added to read as follows: 5 ARTICLE 43 6 ANATOMICAL GIFTS 7 SECTION 4300. DEFINITIONS. 8 4301. APPLICATION. 9 4302. PERSONS WHO MAY MAKE AN ANATOMICAL GIFT BEFORE DONOR'S 10 DEATH. 11 4303. MANNER OF MAKING AN ANATOMICAL GIFT BEFORE DONOR'S DEATH. 12 4304. AMENDING OR REVOKING AN ANATOMICAL GIFT BEFORE DONOR'S 13 DEATH. 14 4305. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCA- 15 TION. 16 4306. PERSONS WHO MAKE AN ANATOMICAL GIFT OF A DECEDENT'S BODY 17 OR PART. 18 4307. MANNER OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT 19 OF A DECEDENT'S BODY OR PART. 20 4308. PERSONS WHO MAY RECEIVE AN ANATOMICAL GIFT; PURPOSE OF AN 21 ANATOMICAL GIFT. 22 4309. SEARCH AND NOTIFICATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00378-02-9 S. 4488 2 1 4310. DELIVERY OF DOCUMENT OF GIFT; RIGHT TO EXAMINE. 2 4311. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS. 3 4312. COORDINATION OF PROCUREMENT AND USE. 4 4313. SALE OR PURCHASE OF PARTS PROHIBITED. 5 4314. OTHER PROHIBITED ACTS. 6 4315. IMMUNITY. 7 4316. LAW GOVERNING VALIDITY. 8 4317. NEW YORK STATE DONATE LIFE REGISTRY. 9 4318. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH-CARE DIREC- 10 TIVE. 11 4319. COOPERATION BETWEEN THE CORONER OR MEDICAL EXAMINER AND 12 PROCUREMENT ORGANIZATION. 13 4320. RELEASE OF RECORDS. 14 S 4300. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS 15 SHALL HAVE THE FOLLOWING MEANINGS: 16 1. "ADULT" MEANS AN INDIVIDUAL WHO IS AT LEAST EIGHTEEN YEARS OF AGE. 17 2. "AGENT" MEANS AN INDIVIDUAL: 18 (A) AUTHORIZED TO MAKE HEALTH-CARE DECISIONS ON THE PRINCIPAL'S BEHALF 19 BY A POWER OF ATTORNEY FOR HEALTH CARE; OR 20 (B) EXPRESSLY AUTHORIZED TO MAKE AN ANATOMICAL GIFT ON THE PRINCIPAL'S 21 BEHALF BY ANY OTHER RECORD SIGNED BY THE PRINCIPAL. 22 3. "ANATOMICAL GIFT" MEANS A DONATION OF ALL OR PART OF A HUMAN BODY 23 TO TAKE EFFECT AFTER THE DONOR'S DEATH FOR THE PURPOSE OF TRANSPLANTA- 24 TION, THERAPY, RESEARCH, OR EDUCATION. 25 4. "DECEDENT" MEANS A DECEASED INDIVIDUAL WHOSE BODY OR PART IS OR MAY 26 BE THE SOURCE OF AN ANATOMICAL GIFT. THE TERM INCLUDES A STILLBORN 27 INFANT AND A FETUS. 28 5. "DISINTERESTED WITNESS" MEANS A WITNESS OTHER THAN THE SPOUSE, 29 CHILD, PARENT, SIBLING, GRANDCHILD, GRANDPARENT, OR GUARDIAN OF THE 30 INDIVIDUAL WHO MAKES, AMENDS OR REVOKES AN ANATOMICAL GIFT, OR ANOTHER 31 ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE INDIVIDUAL. THE 32 TERM DOES NOT INCLUDE A PERSON TO WHICH AN ANATOMICAL GIFT COULD PASS 33 UNDER SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE. 34 6. "DOCUMENT OF GIFT" MEANS A DONOR CARD OR OTHER RECORD USED TO MAKE 35 AN ANATOMICAL GIFT. THE TERM INCLUDES A STATEMENT OR SYMBOL ON A DRIV- 36 ER'S LICENSE, IDENTIFICATION CARD, OR DONOR REGISTRY. 37 7. "DONOR" MEANS AN INDIVIDUAL WHOSE BODY OR PART IS THE SUBJECT OF AN 38 ANATOMICAL GIFT. 39 8. "DONOR REGISTRY" MEANS A DATABASE THAT CONTAINS RECORDS OF ANATOM- 40 ICAL GIFTS AND AMENDMENTS TO OR REVOCATIONS OF ANATOMICAL GIFTS. 41 9. "EYE BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED, OR REGU- 42 LATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY, SCREENING, 43 TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF HUMAN EYES OR PORTIONS 44 OF HUMAN EYES. 45 10. "GUARDIAN" MEANS A PERSON APPOINTED BY A COURT TO MAKE DECISIONS 46 REGARDING THE SUPPORT, CARE, EDUCATION, HEALTH, OR WELFARE OF AN INDI- 47 VIDUAL. THE TERM DOES NOT INCLUDE A GUARDIAN AD LITEM. 48 11. "HOSPITAL" MEANS A HOSPITAL LICENSED, ACCREDITED, OR APPROVED 49 UNDER THE LAWS OF ANY STATE AND INCLUDES A HOSPITAL OPERATED BY THE 50 UNITED STATES GOVERNMENT, A STATE, OR A SUBDIVISION THEREOF, ALTHOUGH 51 NOT REQUIRED TO BE LICENSED UNDER STATE LAWS. 52 12. "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD ISSUED BY THE 53 DEPARTMENT OF MOTOR VEHICLES. 54 13. "MINOR" MEANS AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE. S. 4488 3 1 14. "ORGAN PROCUREMENT ORGANIZATION" MEANS A PERSON DESIGNATED BY THE 2 SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES 3 AS AN ORGAN PROCUREMENT ORGANIZATION. 4 15. "PARENT" MEANS A PARENT WHOSE PARENTAL RIGHTS HAVE NOT BEEN TERMI- 5 NATED. 6 16. "PART" OF A BODY MEANS AN ORGAN, AN EYE, OR TISSUE OF A HUMAN 7 BEING. THE TERM DOES NOT INCLUDE THE WHOLE BODY, AND "PART" INCLUDES 8 "PARTS". 9 17. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE, 10 TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT 11 VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVISION, 12 AGENCY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. 13 18. "PHYSICIAN" MEANS AN INDIVIDUAL LICENSED OR AUTHORIZED TO PRACTICE 14 MEDICINE UNDER THE LAWS OF ANY STATE. 15 19. "PROCUREMENT ORGANIZATION" MEANS AN EYE BANK, ORGAN PROCUREMENT 16 ORGANIZATION, OR TISSUE BANK. 17 20. "PROSPECTIVE DONOR" MEANS AN INDIVIDUAL WHO IS DEAD OR NEAR DEATH 18 AND HAS BEEN DETERMINED BY A PROCUREMENT ORGANIZATION TO HAVE A PART 19 THAT COULD BE MEDICALLY SUITABLE FOR TRANSPLANTATION, THERAPY, RESEARCH, 20 OR EDUCATION. 21 21. "REASONABLY AVAILABLE" MEANS ABLE TO BE CONTACTED BY A PROCUREMENT 22 ORGANIZATION WITHOUT UNDUE EFFORT AND WILLING AND ABLE TO ACT IN A TIME- 23 LY MANNER CONSISTENT WITH EXISTING MEDICAL CRITERIA NECESSARY FOR THE 24 MAKING OF AN ANATOMICAL GIFT. 25 22. "RECIPIENT" MEANS AN INDIVIDUAL INTO WHOSE BODY A DECEDENT'S PART 26 HAS BEEN OR IS INTENDED TO BE TRANSPLANTED. 27 23. "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM 28 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN 29 PERCEIVABLE FORM. 30 24. "SIGN" MEANS, WITH THE PRESENT INTENT TO AUTHENTICATE OR ADOPT A 31 RECORD: 32 (A) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL; OR 33 (B) TO ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN ELECTRONIC 34 SYMBOL, SOUND, OR PROCESS. 35 25. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM- 36 BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR 37 INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES. 38 26. "TECHNICIAN" MEANS AN INDIVIDUAL DETERMINED TO BE QUALIFIED TO 39 REMOVE OR PROCESS PARTS BY AN APPROPRIATE ORGANIZATION THAT IS LICENSED, 40 ACCREDITED, OR REGULATED UNDER FEDERAL OR STATE LAW. THE TERM INCLUDES 41 AN ENUCLEATOR. 42 27. "TISSUE" MEANS A PORTION OF THE HUMAN BODY OTHER THAN AN ORGAN OR 43 AN EYE. THE TERM DOES NOT INCLUDE BLOOD UNLESS THE BLOOD IS DONATED FOR 44 THE PURPOSE OF RESEARCH OR EDUCATION. 45 28. "TISSUE BANK" MEANS A PERSON THAT IS LICENSED, ACCREDITED, OR 46 REGULATED UNDER FEDERAL OR STATE LAW TO ENGAGE IN THE RECOVERY, SCREEN- 47 ING, TESTING, PROCESSING, STORAGE, OR DISTRIBUTION OF TISSUE. 48 29. "TRANSPLANT HOSPITAL" MEANS A HOSPITAL THAT FURNISHES ORGAN TRANS- 49 PLANTS AND OTHER MEDICAL AND SURGICAL SPECIALTY SERVICES REQUIRED FOR 50 THE CARE OF TRANSPLANT PATIENTS. 51 S 4301. APPLICATION. 1. THIS ARTICLE APPLIES TO AN ANATOMICAL GIFT OR 52 AMENDMENT TO, REVOCATION OF, OR REFUSAL TO MAKE AN ANATOMICAL GIFT, 53 WHENEVER MADE. 54 2. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE DEEMED TO SUPERSEDE OR 55 AFFECT THE PROVISIONS OF THE PUBLIC HEALTH LAW RELATING TO THE FUNC- S. 4488 4 1 TIONS, POWERS AND DUTIES OF CORONERS, CORONER'S PHYSICIANS OR MEDICAL 2 EXAMINERS. 3 S 4302. PERSONS WHO MAY MAKE AN ANATOMICAL GIFT BEFORE DONOR'S DEATH. 4 PURSUANT TO SECTION FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, AN ANATOM- 5 ICAL GIFT OF A DONOR'S BODY OR PART MAY BE MADE DURING THE LIFE OF THE 6 DONOR FOR THE PURPOSE OF TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCA- 7 TION IN THE MANNER PROVIDED IN SECTION FORTY-THREE HUNDRED THREE OF THIS 8 ARTICLE BY: 9 1. THE DONOR, IF THE DONOR IS AN ADULT OR IF THE DONOR IS A MINOR AND 10 IS: 11 (A) EMANCIPATED; OR 12 (B) AUTHORIZED UNDER STATE LAW TO APPLY FOR A DRIVER'S LICENSE BECAUSE 13 THE DONOR IS AT LEAST SIXTEEN YEARS OF AGE; 14 2. AN AGENT OF THE DONOR, UNLESS THE POWER OF ATTORNEY FOR HEALTH CARE 15 OR OTHER RECORD PROHIBITS THE AGENT FROM MAKING AN ANATOMICAL GIFT; 16 3. A PARENT OF THE DONOR, IF THE DONOR IS AN UNEMANCIPATED MINOR; OR 17 4. THE DONOR'S GUARDIAN. 18 S 4303. MANNER OF MAKING AN ANATOMICAL GIFT BEFORE DONOR'S DEATH. 1. A 19 DONOR MAY MAKE AN ANATOMICAL GIFT: 20 (A) BY AUTHORIZING A STATEMENT OR SYMBOL INDICATING THAT THE DONOR HAS 21 MADE AN ANATOMICAL GIFT TO BE IMPRINTED ON THE DONOR'S DRIVER'S LICENSE 22 OR IDENTIFICATION CARD, PURSUANT TO SECTION FORTY-THREE HUNDRED SEVEN- 23 TEEN OF THIS ARTICLE; 24 (B) IN A WILL; 25 (C) DURING A TERMINAL ILLNESS OR INJURY OF THE DONOR, BY ANY FORM OF 26 COMMUNICATION ADDRESSED TO AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM IS 27 A DISINTERESTED WITNESS; OR 28 (D) AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION. 29 2. A DONOR OR OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER 30 SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE MAY MAKE A GIFT BY A 31 DONOR CARD OR OTHER RECORD SIGNED BY THE DONOR OR OTHER PERSON MAKING 32 THE GIFT OR BY AUTHORIZING THAT A STATEMENT OR SYMBOL INDICATING THAT 33 THE DONOR HAS MADE AN ANATOMICAL GIFT BE INCLUDED ON A DONOR REGISTRY. 34 IF THE DONOR OR OTHER PERSON IS PHYSICALLY UNABLE TO SIGN A RECORD, THE 35 RECORD MAY BE SIGNED BY ANOTHER INDIVIDUAL AT THE DIRECTION OF THE DONOR 36 OR OTHER PERSON AND SHALL: 37 (A) BE WITNESSED BY AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM IS A 38 DISINTERESTED WITNESS, WHO HAVE SIGNED AT THE REQUEST OF THE DONOR OR 39 THE OTHER PERSON; AND 40 (B) STATE THAT IT HAS BEEN SIGNED AND WITNESSED AS PROVIDED IN PARA- 41 GRAPH (A) OF THIS SUBDIVISION. 42 3. REVOCATION, SUSPENSION, EXPIRATION, OR CANCELLATION OF A DRIVER'S 43 LICENSE OR IDENTIFICATION CARD UPON WHICH AN ANATOMICAL GIFT IS INDI- 44 CATED DOES NOT INVALIDATE THE GIFT. 45 4. AN ANATOMICAL GIFT MADE BY WILL TAKES EFFECT UPON THE DONOR'S DEATH 46 WHETHER OR NOT THE WILL IS PROBATED. INVALIDATION OF THE WILL AFTER THE 47 DONOR'S DEATH DOES NOT INVALIDATE THE GIFT. 48 S 4304. AMENDING OR REVOKING AN ANATOMICAL GIFT BEFORE DONOR'S DEATH. 49 1. PURSUANT TO SECTION FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, A 50 DONOR OR OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER 51 SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE MAY AMEND OR REVOKE AN 52 ANATOMICAL GIFT BY: 53 (A) A RECORD SIGNED BY: 54 (1) THE DONOR; 55 (2) THE OTHER PERSON; OR S. 4488 5 1 (3) SUBJECT TO SUBDIVISION TWO OF THIS SECTION, ANOTHER INDIVIDUAL 2 ACTING AT THE DIRECTION OF THE DONOR OR THE OTHER PERSON IF THE DONOR OR 3 OTHER PERSON IS PHYSICALLY UNABLE TO SIGN; OR 4 (B) A LATER-EXECUTED DOCUMENT OF GIFT THAT AMENDS OR REVOKES A PREVI- 5 OUS ANATOMICAL GIFT OR PORTION OF AN ANATOMICAL GIFT, EITHER EXPRESSLY 6 OR BY INCONSISTENCY. 7 2. A RECORD SIGNED PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (A) OF 8 SUBDIVISION ONE OF THIS SECTION SHALL: 9 (A) BE WITNESSED BY AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM IS A 10 DISINTERESTED WITNESS, WHO HAVE SIGNED AT THE REQUEST OF THE DONOR OR 11 THE OTHER PERSON; AND 12 (B) STATE THAT IT HAS BEEN SIGNED AND WITNESSED AS PROVIDED IN PARA- 13 GRAPH (A) OF THIS SUBDIVISION. 14 3. PURSUANT TO SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE, A 15 DONOR OR OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER 16 SECTION FORTY-THREE HUNDRED TWO OF THIS ARTICLE MAY REVOKE AN ANATOMICAL 17 GIFT BY THE DESTRUCTION OR CANCELLATION OF THE DOCUMENT OF GIFT, OR THE 18 PORTION OF THE DOCUMENT OF GIFT USED TO MAKE THE GIFT, WITH THE INTENT 19 TO REVOKE THE GIFT. 20 4. A DONOR MAY AMEND OR REVOKE AN ANATOMICAL GIFT THAT WAS NOT MADE IN 21 A WILL BY ANY FORM OF COMMUNICATION DURING A TERMINAL ILLNESS OR INJURY 22 ADDRESSED TO AT LEAST TWO ADULTS, AT LEAST ONE OF WHOM IS A DISINTER- 23 ESTED WITNESS. 24 5. A DONOR WHO MAKES AN ANATOMICAL GIFT IN A WILL MAY AMEND OR REVOKE 25 THE GIFT IN THE MANNER PROVIDED FOR AMENDMENT OR REVOCATION OF WILLS OR 26 AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION. 27 S 4305. PRECLUSIVE EFFECT OF ANATOMICAL GIFT, AMENDMENT OR REVOCATION. 28 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION AND 29 SUBJECT TO SUBDIVISION SIX OF THIS SECTION, IN THE ABSENCE OF AN 30 EXPRESS, CONTRARY INDICATION BY THE DONOR, A PERSON OTHER THAN THE DONOR 31 IS BARRED FROM MAKING, AMENDING, OR REVOKING AN ANATOMICAL GIFT OF A 32 DONOR'S BODY OR PART IF THE DONOR MADE AN ANATOMICAL GIFT OF THE DONOR'S 33 BODY OR PART UNDER SECTION FORTY-THREE HUNDRED THREE OF THIS ARTICLE OR 34 AN AMENDMENT TO AN ANATOMICAL GIFT OF THE DONOR'S BODY OR PART UNDER 35 SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE. 36 2. A DONOR'S REVOCATION OF AN ANATOMICAL GIFT OF THE DONOR'S BODY OR 37 PART UNDER SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE IS NOT A 38 REFUSAL AND SHALL NOT BAR ANOTHER PERSON SPECIFIED IN SECTION 39 FORTY-THREE HUNDRED TWO OR SECTION FORTY-THREE HUNDRED SIX OF THIS ARTI- 40 CLE FROM MAKING AN ANATOMICAL GIFT OF THE DONOR'S BODY OR PART IN 41 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. 42 3. IF A PERSON OTHER THAN THE DONOR MAKES AN UNREVOKED ANATOMICAL GIFT 43 OF THE DONOR'S BODY OR PART UNDER SECTION FORTY-THREE HUNDRED THREE OF 44 THIS ARTICLE OR AN AMENDMENT TO AN ANATOMICAL GIFT OF THE DONOR'S BODY 45 OR PART UNDER SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE, ANOTHER 46 PERSON MAY NOT MAKE, AMEND, OR REVOKE THE GIFT OF THE DONOR'S BODY OR 47 PART UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE. 48 4. A REVOCATION OF AN ANATOMICAL GIFT OF A DONOR'S BODY OR PART UNDER 49 SECTION FORTY-THREE HUNDRED FOUR OF THIS ARTICLE BY A PERSON OTHER THAN 50 THE DONOR SHALL NOT BAR ANOTHER PERSON FROM MAKING AN ANATOMICAL GIFT OF 51 THE BODY OR PART UNDER SECTION FORTY-THREE HUNDRED THREE OR SECTION 52 FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE. 53 5. IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR OR 54 OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER SECTION FORTY- 55 THREE HUNDRED TWO OF THIS ARTICLE, AN ANATOMICAL GIFT OF A PART IS 56 NEITHER A REFUSAL TO GIVE ANOTHER PART NOR A LIMITATION ON THE MAKING OF S. 4488 6 1 AN ANATOMICAL GIFT OF ANOTHER PART AT A LATER TIME BY THE DONOR OR 2 ANOTHER PERSON. 3 6. IN THE ABSENCE OF AN EXPRESS, CONTRARY INDICATION BY THE DONOR OR 4 OTHER PERSON AUTHORIZED TO MAKE AN ANATOMICAL GIFT UNDER SECTION FORTY- 5 THREE HUNDRED TWO OF THIS ARTICLE, AN ANATOMICAL GIFT OF A PART FOR ONE 6 OR MORE OF THE PURPOSES SET FORTH IN SUCH SECTION IS NOT A LIMITATION ON 7 THE MAKING OF AN ANATOMICAL GIFT OF THE PART FOR ANY OF THE OTHER 8 PURPOSES BY THE DONOR OR ANY OTHER PERSON UNDER SECTION FORTY-THREE 9 HUNDRED THREE OR FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE. 10 7. IF A DONOR WHO IS AN UNEMANCIPATED MINOR DIES, A PARENT OF THE 11 DONOR, WHO IS REASONABLY AVAILABLE, MAY REVOKE OR AMEND AN ANATOMICAL 12 GIFT OF THE DONOR'S BODY OR PART. 13 8. IF AN UNEMANCIPATED MINOR WHO SIGNED A REFUSAL DIES, A PARENT OF 14 THE MINOR WHO IS REASONABLY AVAILABLE MAY REVOKE THE MINOR'S REFUSAL. 15 S 4306. PERSONS WHO MAKE AN ANATOMICAL GIFT OF A DECEDENT'S BODY OR 16 PART. 1. SUBJECT TO SUBDIVISIONS TWO AND THREE OF THIS SECTION AND 17 UNLESS BARRED BY SECTION FORTY-THREE HUNDRED FIVE OF THIS ARTICLE, AN 18 ANATOMICAL GIFT OF A DECEDENT'S BODY OR PART FOR PURPOSE OF TRANSPLANTA- 19 TION, THERAPY, RESEARCH, OR EDUCATION MAY BE MADE BY ANY MEMBER OF THE 20 FOLLOWING CLASSES OF PERSONS WHO IS REASONABLY AVAILABLE, IN THE ORDER 21 OF PRIORITY LISTED: 22 (A) AN AGENT OF THE DECEDENT AT THE TIME OF DEATH WHO COULD HAVE MADE 23 AN ANATOMICAL GIFT UNDER SUBDIVISION TWO OF SECTION FORTY-THREE HUNDRED 24 TWO OF THIS ARTICLE IMMEDIATELY BEFORE THE DECEDENT'S DEATH; 25 (B) THE SPOUSE OR DOMESTIC PARTNER OF THE DECEDENT. FOR PURPOSES OF 26 THIS ARTICLE, DOMESTIC PARTNER SHALL BE DEFINED TO BE A PERSON WHO 27 SATISFIES THE REQUIREMENTS CONTAINED IN SECTION FORTY-TWO HUNDRED ONE OF 28 THIS CHAPTER; 29 (C) ADULT CHILDREN OF THE DECEDENT; 30 (D) PARENTS OF THE DECEDENT; 31 (E) ADULT SIBLINGS OF THE DECEDENT; 32 (F) ADULT GRANDCHILDREN OF THE DECEDENT; 33 (G) GRANDPARENTS OF THE DECEDENT; 34 (H) AN ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE DECEDENT; 35 (I) THE PERSONS WHO WERE ACTING AS THE GUARDIAN OF THE DECEDENT AT THE 36 TIME OF DEATH; AND 37 (J) ANY OTHER PERSON HAVING THE AUTHORITY TO DISPOSE OF THE DECEDENT'S 38 BODY, INCLUDING A PERSON NAMED IN A DECEDENT'S WILL, A COMMISSIONER OF A 39 LOCAL SOCIAL SERVICES DISTRICT, A CORONER, A MEDICAL EXAMINER, OR A 40 HOSPITAL ADMINISTRATOR. 41 2. IF THERE IS MORE THAN ONE MEMBER OF A CLASS LISTED IN PARAGRAPH 42 (A), (C), (D), (E), (F), (G) OR (I) OF SUBDIVISION ONE OF THIS SECTION 43 ENTITLED TO MAKE AN ANATOMICAL GIFT, AN ANATOMICAL GIFT MAY BE MADE BY A 44 MEMBER OF THE CLASS UNLESS THAT MEMBER, OR A PERSON TO WHICH THE GIFT 45 MAY PASS UNDER SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE, KNOWS 46 OF AN OBJECTION BY ANOTHER MEMBER OF THE CLASS. IF AN OBJECTION IS 47 KNOWN, THE GIFT MAY BE MADE ONLY BY A MAJORITY OF THE MEMBERS OF THE 48 CLASS WHO ARE REASONABLY AVAILABLE. 49 3. A PERSON MAY NOT MAKE AN ANATOMICAL GIFT IF, AT THE TIME OF THE 50 DECEDENT'S DEATH, A PERSON IN A PRIOR CLASS UNDER SUBDIVISION ONE IS 51 REASONABLY AVAILABLE TO MAKE OR TO OBJECT TO THE MAKING OF AN ANATOMICAL 52 GIFT. 53 4. A PERSON MAY NOT MAKE AN ANATOMICAL GIFT IF THE PERSON KNOWS OF A 54 RECORD OF THE DECEDENT'S CONTRARY INDICATION OR IF THE DECEDENT IS KNOWN 55 TO HAVE MORAL OR RELIGIOUS OBJECTIONS TO THE MAKING OF AN ANATOMICAL 56 GIFT. S. 4488 7 1 S 4307. MANNER OF MAKING, AMENDING OR REVOKING AN ANATOMICAL GIFT OF A 2 DECEDENT'S BODY OR PART. 1. A PERSON AUTHORIZED TO MAKE AN ANATOMICAL 3 GIFT UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE MAY MAKE AN 4 ANATOMICAL GIFT BY A DOCUMENT OF GIFT SIGNED BY THE PERSON MAKING THE 5 GIFT OR BY THAT PERSON'S ORAL COMMUNICATION THAT IS ELECTRONICALLY 6 RECORDED OR IS CONTEMPORANEOUSLY REDUCED TO A RECORD AND SIGNED BY THE 7 INDIVIDUAL RECEIVING THE ORAL COMMUNICATION. 8 2. SUBJECT TO SUBDIVISION THREE OF THIS SECTION, AN ANATOMICAL GIFT BY 9 A PERSON AUTHORIZED UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTI- 10 CLE MAY BE AMENDED OR REVOKED ORALLY OR IN A RECORD BY ANY MEMBER OF A 11 PRIOR CLASS WHO IS REASONABLY AVAILABLE. IF MORE THAN ONE MEMBER OF THE 12 PRIOR CLASS IS REASONABLY AVAILABLE, THE GIFT MADE BY A PERSON AUTHOR- 13 IZED UNDER SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE MAY BE: 14 (A) AMENDED ONLY IF A MAJORITY OF THE REASONABLY AVAILABLE MEMBERS 15 AGREE TO THE AMENDING OF THE GIFT; OR 16 (B) REVOKED ONLY IF A MAJORITY OF THE REASONABLY AVAILABLE MEMBERS 17 AGREE TO THE REVOKING OF THE GIFT OR IF THEY ARE EQUALLY DIVIDED AS TO 18 WHETHER TO REVOKE THE GIFT. 19 3. A REVOCATION UNDER SUBDIVISION TWO OF THIS SECTION IS EFFECTIVE 20 ONLY IF, BEFORE AN INCISION HAS BEEN MADE TO REMOVE A PART FROM THE 21 DONOR'S BODY OR BEFORE INVASIVE PROCEDURES HAVE BEGUN TO PREPARE THE 22 RECIPIENT, THE PROCUREMENT ORGANIZATION, TRANSPLANT HOSPITAL, OR PHYSI- 23 CIAN OR TECHNICIAN KNOWS OF THE REVOCATION. 24 S 4308. PERSONS WHO MAY RECEIVE AN ANATOMICAL GIFT; PURPOSE OF AN 25 ANATOMICAL GIFT. 1. AN ANATOMICAL GIFT MAY BE MADE TO THE FOLLOWING 26 PERSONS NAMED IN THE DOCUMENT OF GIFT: 27 (A) A HOSPITAL; ACCREDITED MEDICAL SCHOOL, DENTAL SCHOOL, COLLEGE, OR 28 UNIVERSITY; ORGAN PROCUREMENT ORGANIZATION; OR OTHER APPROPRIATE PERSON, 29 FOR RESEARCH OR EDUCATION; 30 (B) SUBJECT TO SUBDIVISION TWO OF THIS SECTION, AN INDIVIDUAL DESIG- 31 NATED BY THE PERSON MAKING THE ANATOMICAL GIFT IF THE INDIVIDUAL IS THE 32 RECIPIENT OF THE PART; 33 (C) AN EYE BANK OR TISSUE BANK. 34 2. IF AN ANATOMICAL GIFT TO AN INDIVIDUAL UNDER PARAGRAPH (B) OF 35 SUBDIVISION ONE OF THIS SECTION SHALL NOT BE TRANSPLANTED INTO THE INDI- 36 VIDUAL, THE PART PASSES IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS 37 SECTION IN THE ABSENCE OF AN EXPRESS, CONTRARY RECORD BY THE PERSON 38 MAKING THE ANATOMICAL GIFT. 39 3. IF AN ANATOMICAL GIFT OF ONE OR MORE SPECIFIC PARTS OR OF ALL PARTS 40 IS MADE IN A DOCUMENT OF GIFT THAT DOES NOT NAME A PERSON DESCRIBED IN 41 SUBDIVISION ONE OF THIS SECTION BUT IDENTIFIES THE PURPOSE FOR WHICH AN 42 ANATOMICAL GIFT MAY BE USED, THE FOLLOWING RULES APPLY: 43 (A) IF THE PART IS AN EYE AND THE GIFT IS FOR THE PURPOSE OF TRANS- 44 PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE EYE BANK. 45 (B) IF THE PART IS TISSUE AND THE GIFT IS FOR THE PURPOSE OF TRANS- 46 PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE TISSUE BANK. 47 (C) IF THE PART IS AN ORGAN AND THE GIFT IS FOR THE PURPOSE OF TRANS- 48 PLANTATION OR THERAPY, THE GIFT PASSES TO THE APPROPRIATE ORGAN PROCURE- 49 MENT ORGANIZATION AS CUSTODIAN OF THE ORGAN. 50 (D) IF THE PART IS AN ORGAN, AN EYE, OR TISSUE AND THE GIFT IS FOR THE 51 PURPOSE OF RESEARCH OR EDUCATION, THE GIFT PASSES TO THE APPROPRIATE 52 PROCUREMENT ORGANIZATION. 53 4. FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION, IF THERE IS 54 MORE THAN ONE PURPOSE OF AN ANATOMICAL GIFT SET FORTH IN THE DOCUMENT OF 55 GIFT BUT THE PURPOSES ARE NOT SET FORTH IN ANY PRIORITY, THE GIFT SHALL 56 BE USED FOR TRANSPLANTATION OR THERAPY, IF SUITABLE. IF THE GIFT CANNOT S. 4488 8 1 BE USED FOR TRANSPLANTATION OR THERAPY, THE GIFT MAY BE USED FOR 2 RESEARCH OR EDUCATION. 3 5. IF AN ANATOMICAL GIFT OF ONE OR MORE SPECIFIC PARTS IS MADE IN A 4 DOCUMENT OF GIFT THAT DOES NOT NAME A PERSON DESCRIBED IN SUBDIVISION 5 ONE OF THIS SECTION AND DOES NOT IDENTIFY THE PURPOSE OF THE GIFT, THE 6 GIFT MAY BE USED ONLY FOR TRANSPLANTATION OR THERAPY, AND THE GIFT PASS- 7 ES IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 8 6. IF A DOCUMENT OF GIFT SPECIFIES ONLY A GENERAL INTENT TO MAKE AN 9 ANATOMICAL GIFT BY WORDS SUCH AS "DONOR", "ORGAN DONOR", OR "BODY 10 DONOR", OR BY A SYMBOL OR STATEMENT OF SIMILAR IMPORT, THE GIFT MAY BE 11 USED ONLY FOR TRANSPLANTATION OR THERAPY, AND THE GIFT PASSES IN ACCORD- 12 ANCE WITH SUBDIVISION SEVEN OF THIS SECTION. 13 7. FOR PURPOSES OF SUBDIVISIONS TWO, FIVE AND SIX OF THIS SECTION THE 14 FOLLOWING RULES SHALL APPLY: 15 (A) IF THE PART IS AN EYE, THE GIFT PASSES TO THE APPROPRIATE EYE 16 BANK. 17 (B) IF THE PART IS TISSUE, THE GIFT PASSES TO THE APPROPRIATE TISSUE 18 BANK. 19 (C) IF THE PART IS AN ORGAN, THE GIFT PASSES TO THE APPROPRIATE ORGAN 20 PROCUREMENT ORGANIZATION AS CUSTODIAN OF THE ORGAN. 21 8. AN ANATOMICAL GIFT OF AN ORGAN FOR TRANSPLANTATION OR THERAPY, 22 OTHER THAN AN ANATOMICAL GIFT UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF 23 THIS SECTION, PASSES TO THE ORGAN PROCUREMENT ORGANIZATION AS CUSTODIAN 24 OF THE ORGAN. 25 9. IF AN ANATOMICAL GIFT DOES NOT PASS PURSUANT TO SUBDIVISIONS ONE 26 THROUGH EIGHT OF THIS SECTION OR THE DECEDENT'S BODY OR PART IS NOT USED 27 FOR TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION, CUSTODY OF THE 28 BODY OR PART PASSES TO THE PERSON UNDER OBLIGATION TO DISPOSE OF THE 29 BODY OR PART. 30 10. A PERSON MAY NOT ACCEPT AN ANATOMICAL GIFT IF THE PERSON KNOWS 31 THAT THE GIFT WAS NOT EFFECTIVELY MADE UNDER SECTION FORTY-THREE HUNDRED 32 THREE OR FORTY-THREE HUNDRED SEVEN OF THIS ARTICLE. FOR PURPOSES OF THIS 33 SUBDIVISION, IF A PERSON KNOWS THAT AN ANATOMICAL GIFT WAS MADE ON A 34 DOCUMENT OF GIFT, THE PERSON IS DEEMED TO KNOW OF ANY AMENDMENT OR REVO- 35 CATION OF THE GIFT OR ANY REFUSAL TO MAKE AN ANATOMICAL GIFT ON THE SAME 36 DOCUMENT OF GIFT. 37 11. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE 38 OF THIS SECTION, NOTHING IN THIS ARTICLE AFFECTS THE ALLOCATION OF 39 ORGANS FOR TRANSPLANTATION OR THERAPY. 40 S 4309. SEARCH AND NOTIFICATION. 1. AT THE REQUEST OF AN ORGAN 41 PROCUREMENT ORGANIZATION, THE FOLLOWING PERSONS SHALL MAKE A REASONABLE 42 SEARCH OF AN INDIVIDUAL WHO THE PERSON REASONABLY BELIEVES IS DEAD OR 43 NEAR DEATH FOR A DOCUMENT OF GIFT OR OTHER INFORMATION IDENTIFYING THE 44 INDIVIDUAL AS A DONOR: 45 (A) A LAW ENFORCEMENT OFFICER, FIREFIGHTER, PARAMEDIC, OR OTHER EMER- 46 GENCY RESCUER FINDING THE INDIVIDUAL; AND 47 (B) IF NO OTHER SOURCE OF THE INFORMATION IS IMMEDIATELY AVAILABLE, A 48 HOSPITAL, AS SOON AS PRACTICAL AFTER THE INDIVIDUAL'S ARRIVAL AT THE 49 HOSPITAL. 50 2. IF A DOCUMENT OF GIFT IS LOCATED BY THE SEARCH REQUIRED BY PARA- 51 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AND THE INDIVIDUAL OR 52 DECEASED INDIVIDUAL TO WHOM IT RELATES IS TAKEN TO A HOSPITAL, THE 53 PERSON RESPONSIBLE FOR CONDUCTING THE SEARCH SHALL SEND THE DOCUMENT OF 54 GIFT TO THE HOSPITAL. 55 3. A PERSON IS NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR FAILING 56 TO DISCHARGE THE DUTIES IMPOSED BY THIS SECTION. S. 4488 9 1 S 4310. DELIVERY OF DOCUMENT OF GIFT; RIGHT TO EXAMINE. 1. A DOCUMENT 2 OF GIFT NEED NOT BE DELIVERED DURING THE DONOR'S LIFETIME TO BE EFFEC- 3 TIVE. 4 2. UPON OR AFTER AN INDIVIDUAL'S DEATH, A PERSON IN POSSESSION OF A 5 DOCUMENT OF GIFT WITH RESPECT TO THE INDIVIDUAL SHALL ALLOW EXAMINATION 6 AND COPYING OF THE DOCUMENT OF GIFT BY A PERSON AUTHORIZED TO MAKE OR 7 OBJECT TO THE MAKING OF AN ANATOMICAL GIFT WITH RESPECT TO THE INDIVID- 8 UAL OR BY A PERSON TO WHICH THE GIFT MAY PASS UNDER SECTION FORTY-THREE 9 HUNDRED EIGHT OF THIS ARTICLE. 10 S 4311. RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION AND OTHERS. 1. 11 (A) WHEN THE DEATH OF A PERSON IN A HOSPITAL HAS OCCURRED OR IS IMMI- 12 NENT, THE HOSPITAL SHALL CONTACT THE FEDERALLY DESIGNATED ORGAN PROCURE- 13 MENT ORGANIZATION IN ORDER TO MAKE A PRELIMINARY DETERMINATION OF THE 14 SUITABILITY OF THE PERSON FOR ORGAN DONATION, EXCEPT WHERE NOT REQUIRED 15 BY PARAGRAPH (C) OF THIS SUBDIVISION. 16 (B) WHERE CONTACT WITH THE FEDERALLY DESIGNATED ORGAN PROCUREMENT 17 ORGANIZATION IS NOT REQUIRED UNDER CRITERIA DEVELOPED BY THE FEDERALLY 18 DESIGNATED ORGAN PROCUREMENT ORGANIZATION THE HOSPITAL SHALL CONTACT THE 19 APPROPRIATE EYE BANK OR TISSUE BANK, EXCEPT WHERE NOT REQUIRED BY PARA- 20 GRAPH (C) OF THIS SUBDIVISION. 21 (C) THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION, IN 22 CONSULTATION WITH THE TISSUE PROCUREMENT PROVIDERS, MAY ISSUE CRITERIA 23 UNDER WHICH A HOSPITAL SHALL NOT BE REQUIRED TO MAKE THE CONTACT UNDER 24 THIS SUBDIVISION. 25 (D) ALL HOSPITALS SHALL SELECT AT LEAST ONE EYE BANK OR TISSUE BANK 26 FOR THE PROCUREMENT OF TISSUE, AS DEFINED IN SECTION FORTY-THREE HUNDRED 27 SIXTY OF THIS CHAPTER. A HOSPITAL SHALL NOTIFY THE FEDERALLY DESIGNATED 28 ORGAN PROCUREMENT ORGANIZATION OF ITS CHOICE OF TISSUE PROCUREMENT 29 PROVIDERS. IF A HOSPITAL SELECTS MORE THAN ONE EYE BANK OR TISSUE BANK 30 AS A PROCUREMENT PROVIDER, IT MAY SPECIFY A ROTATION OF REFERRALS FOR 31 PURPOSES OF TISSUE PROCUREMENT. 32 (E) WHERE THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION, EYE 33 BANK OR TISSUE BANK IS CONTACTED, IT SHALL, IN CONSULTATION WITH THE 34 HOSPITAL, AFTER APPROPRIATE MEDICAL SCREENING (WHICH MAY INCLUDE SERO- 35 LOGICAL TESTING IF APPLICABLE) DETERMINE SUITABILITY FOR ORGAN, EYE AND 36 TISSUE DONATION, AS APPROPRIATE. WHERE A FEDERALLY DESIGNATED ORGAN 37 PROCUREMENT ORGANIZATION IS CONTACTED, IT SHALL CONTACT THE APPROPRIATE 38 EYE BANK OR TISSUE BANK WITH RESPECT TO SUITABILITY FOR EYE OR TISSUE 39 DONATION. 40 (F) IF THE FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATION, EYE 41 BANK OR TISSUE BANK DETERMINES THAT ORGAN, EYE OR TISSUE DONATION, 42 RESPECTIVELY, IS NOT APPROPRIATE BASED ON ESTABLISHED MEDICAL CRITERIA, 43 THIS SHALL BE NOTED BY HOSPITAL PERSONNEL ON THE PATIENT'S RECORD, AND 44 NO FURTHER ACTION WITH RESPECT TO ORGAN, EYE OR TISSUE DONATION, RESPEC- 45 TIVELY, IS NECESSARY. 46 (G) THE PERSON INITIATING THE REQUEST SHALL BE DESIGNATED BY A HOSPI- 47 TAL AND SHALL BE A REPRESENTATIVE OF A FEDERALLY DESIGNATED ORGAN 48 PROCUREMENT ORGANIZATION, EYE BANK, TISSUE BANK, OR A DESIGNATED REQUE- 49 STOR. AS USED IN THIS SECTION A "DESIGNATED REQUESTOR" SHALL MEAN A 50 PERSON WHO HAS COMPLETED A COURSE PROVIDED BY A FEDERALLY DESIGNATED 51 ORGAN PROCUREMENT ORGANIZATION, EYE BANK OR TISSUE BANK, WHICHEVER IS 52 APPLICABLE, ON HOW TO APPROACH POTENTIAL DONOR FAMILIES AND REQUEST 53 ORGAN, EYE, OR TISSUE DONATION. 54 (H) ANY EMPLOYEE OR AGENT OF A FEDERALLY DESIGNATED ORGAN PROCUREMENT 55 ORGANIZATION, EYE BANK OR TISSUE BANK ACTING PURSUANT TO THIS SECTION S. 4488 10 1 SHALL BE HELD TO THE SAME STANDARD OF CONFIDENTIALITY AS THAT IMPOSED ON 2 EMPLOYEES OF THE HOSPITAL. 3 2. (A) WHEN A HOSPITAL REFERS AN INDIVIDUAL AT OR NEAR DEATH TO A 4 PROCUREMENT ORGANIZATION, THE ORGANIZATION SHALL MAKE A REASONABLE 5 SEARCH OF THE RECORDS PURSUANT TO SECTION FORTY-THREE HUNDRED SEVENTEEN 6 OF THIS ARTICLE AND ANY DONOR REGISTRY THAT IT KNOWS EXISTS FOR THE 7 GEOGRAPHICAL AREA IN WHICH THE INDIVIDUAL RESIDES TO ASCERTAIN WHETHER 8 THE INDIVIDUAL HAS MADE AN ANATOMICAL GIFT. 9 (B) A PROCUREMENT ORGANIZATION SHALL BE ALLOWED REASONABLE ACCESS TO 10 INFORMATION IN THE RECORDS OF THE DEPARTMENT, PURSUANT TO SECTION 11 FORTY-THREE HUNDRED SEVENTEEN OF THIS ARTICLE TO ASCERTAIN WHETHER AN 12 INDIVIDUAL AT OR NEAR DEATH IS A DONOR. 13 (C) WHEN A HOSPITAL REFERS AN INDIVIDUAL AT OR NEAR DEATH TO A 14 PROCUREMENT ORGANIZATION, THE ORGANIZATION MAY CONDUCT ANY REASONABLE 15 EXAMINATION NECESSARY TO ENSURE THE MEDICAL SUITABILITY OF A PART THAT 16 IS OR MAY BE THE SUBJECT OF AN ANATOMICAL GIFT FOR TRANSPLANTATION, 17 THERAPY, RESEARCH, OR EDUCATION FROM A DONOR OR A PROSPECTIVE DONOR. 18 DURING THE EXAMINATION PERIOD, MEASURES NECESSARY TO ENSURE THE MEDICAL 19 SUITABILITY OF THE PART MAY NOT BE WITHDRAWN UNLESS THE HOSPITAL OR 20 PROCUREMENT ORGANIZATION KNOWS THAT THE INDIVIDUAL EXPRESSED A CONTRARY 21 INTENT. 22 (D) UNLESS PROHIBITED BY LAW OTHER THAN THIS ARTICLE, AT ANY TIME 23 AFTER A DONOR'S DEATH, THE PERSON TO WHICH A PART PASSES UNDER SECTION 24 FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE MAY CONDUCT ANY REASONABLE 25 EXAMINATION NECESSARY TO ENSURE THE MEDICAL SUITABILITY OF THE BODY OR 26 PART FOR ITS INTENDED PURPOSE. 27 (E) UNLESS PROHIBITED BY LAW OTHER THAN THIS ARTICLE, AN EXAMINATION 28 UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS ARTICLE MAY INCLUDE AN 29 EXAMINATION OF ALL MEDICAL AND DENTAL RECORDS OF THE DONOR OR PROSPEC- 30 TIVE DONOR. 31 (F) UPON THE DEATH OF A MINOR WHO WAS A DONOR, UNLESS A PROCUREMENT 32 ORGANIZATION KNOWS THE MINOR IS EMANCIPATED, THE PROCUREMENT ORGANIZA- 33 TION SHALL CONDUCT A REASONABLE SEARCH FOR THE PARENTS OF THE MINOR AND 34 PROVIDE THE PARENTS WITH AN OPPORTUNITY TO REVOKE OR AMEND THE ANATOM- 35 ICAL GIFT. 36 (G) UPON REFERRAL BY A HOSPITAL UNDER SUBDIVISION ONE OF THIS SECTION, 37 A PROCUREMENT ORGANIZATION SHALL MAKE A REASONABLE SEARCH FOR ANY PERSON 38 LISTED IN SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE HAVING PRIORI- 39 TY TO MAKE AN ANATOMICAL GIFT ON BEHALF OF A PROSPECTIVE DONOR. IF A 40 PROCUREMENT ORGANIZATION RECEIVES INFORMATION THAT AN ANATOMICAL GIFT TO 41 ANY OTHER PERSON WAS MADE, AMENDED, OR REVOKED, IT SHALL PROMPTLY ADVISE 42 THE OTHER PERSON OF ALL RELEVANT INFORMATION. 43 (H) SUBJECT TO SECTION FORTY-THREE HUNDRED EIGHT OF THIS ARTICLE, THE 44 RIGHTS OF THE PERSON TO WHICH A PART PASSES UNDER SUCH SECTION ARE SUPE- 45 RIOR TO THE RIGHTS OF ALL OTHERS WITH RESPECT TO THE PART. THE PERSON 46 MAY ACCEPT OR REJECT AN ANATOMICAL GIFT IN WHOLE OR IN PART. SUBJECT TO 47 THE TERMS OF THE DOCUMENT OF GIFT AND THIS ARTICLE, A PERSON THAT 48 ACCEPTS AN ANATOMICAL GIFT OF AN ENTIRE BODY MAY ALLOW EMBALMING, BURIAL 49 OR CREMATION, AND USE OF REMAINS IN A FUNERAL SERVICE. IF THE GIFT IS OF 50 A PART, THE PERSON TO WHICH THE PART PASSES UNDER SECTION FORTY-THREE 51 HUNDRED EIGHT OF THIS ARTICLE, UPON THE DEATH OF THE DONOR AND BEFORE 52 EMBALMING, BURIAL, OR CREMATION, SHALL CAUSE THE PART TO BE REMOVED 53 WITHOUT UNNECESSARY MUTILATION. 54 (I) NEITHER THE PHYSICIAN WHO ATTENDS THE DECEDENT AT DEATH NOR THE 55 PHYSICIAN WHO DETERMINES THE TIME OF THE DECEDENT'S DEATH MAY PARTIC- S. 4488 11 1 IPATE IN THE PROCEDURES FOR REMOVING OR TRANSPLANTING A PART FROM THE 2 DECEDENT. 3 (J) A PHYSICIAN OR TECHNICIAN MAY REMOVE A DONATED PART FROM THE BODY 4 OF A DONOR THAT THE PHYSICIAN OR TECHNICIAN IS QUALIFIED TO REMOVE. 5 S 4312. COORDINATION OF PROCUREMENT AND USE. EACH HOSPITAL IN THIS 6 STATE SHALL ENTER INTO AGREEMENTS OR AFFILIATIONS WITH PROCUREMENT 7 ORGANIZATIONS FOR COORDINATION OF PROCUREMENT AND USE OF ANATOMICAL 8 GIFTS. 9 S 4313. SALE OR PURCHASE OF PARTS PROHIBITED. 1. EXCEPT AS OTHERWISE 10 PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A PERSON THAT FOR VALUABLE 11 CONSIDERATION, KNOWINGLY PURCHASES OR SELLS A PART FOR TRANSPLANTATION 12 OR THERAPY IF REMOVAL OF A PART FROM AN INDIVIDUAL IS INTENDED TO OCCUR 13 AFTER THE INDIVIDUAL'S DEATH SHALL BE GUILTY OF A FELONY AND UPON 14 CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING FIFTY THOUSAND DOLLARS OR 15 IMPRISONMENT NOT EXCEEDING FIVE YEARS, OR BOTH. 16 2. A PERSON MAY CHARGE A REASONABLE AMOUNT FOR THE REMOVAL, PROCESS- 17 ING, PRESERVATION, QUALITY CONTROL, STORAGE, TRANSPORTATION, IMPLANTA- 18 TION, OR DISPOSAL OF A PART. 19 S 4314. OTHER PROHIBITED ACTS. A PERSON THAT, IN ORDER TO OBTAIN A 20 FINANCIAL GAIN, INTENTIONALLY FALSIFIES, FORGES, CONCEALS, DEFACES, OR 21 OBLITERATES A DOCUMENT OF GIFT, AN AMENDMENT OR REVOCATION OF A DOCUMENT 22 OF GIFT SHALL BE GUILTY OF A FELONY AND UPON CONVICTION IS SUBJECT TO A 23 FINE NOT EXCEEDING FIFTY THOUSAND DOLLARS OR IMPRISONMENT NOT EXCEEDING 24 FIVE YEARS, OR BOTH. 25 S 4315. IMMUNITY. 1. A PERSON THAT ACTS IN ACCORDANCE WITH THIS ARTI- 26 CLE OR WITH THE APPLICABLE ANATOMICAL GIFT LAW OF ANOTHER STATE, OR 27 ATTEMPTS IN GOOD FAITH TO DO SO, IS NOT LIABLE FOR THE ACT IN A CIVIL 28 ACTION, CRIMINAL PROSECUTION, OR ADMINISTRATIVE PROCEEDING. FOR THE 29 PURPOSE OF ANY PROCEEDING, CIVIL, CRIMINAL OR ADMINISTRATIVE, THE GOOD 30 FAITH OF ANY SUCH PERSON SHALL BE PRESUMED, PROVIDED SUCH PERSON, OFFI- 31 CIAL OR INSTITUTION WAS ACTING IN DISCHARGE OF THEIR DUTIES AND WITHIN 32 THE SCOPE OF THEIR EMPLOYMENT. 33 2. NEITHER THE PERSON MAKING AN ANATOMICAL GIFT NOR THE DONOR'S ESTATE 34 IS LIABLE FOR ANY INJURY OR DAMAGE THAT RESULTS FROM THE MAKING OR USE 35 OF THE GIFT. 36 3. IN DETERMINING WHETHER AN ANATOMICAL GIFT HAS BEEN MADE, AMENDED, 37 OR REVOKED UNDER THIS ARTICLE, A PERSON MAY RELY UPON REPRESENTATIONS OF 38 AN INDIVIDUAL LISTED IN PARAGRAPH (B), (C), (D), (E), (F), (G) OR (H) OF 39 SUBDIVISION ONE OF SECTION FORTY-THREE HUNDRED SIX OF THIS ARTICLE 40 RELATING TO THE INDIVIDUAL'S RELATIONSHIP TO THE DONOR OR PROSPECTIVE 41 DONOR UNLESS THE PERSON KNOWS THAT THE REPRESENTATION IS UNTRUE. 42 4. NO PHYSICIAN, HOSPITAL OR OTHER HEALTH CARE PROVIDER MAY CHARGE THE 43 DONOR'S ESTATE, FAMILY OR INSURER FOR ANY COST INCURRED IN TESTING OR 44 REMOVING A HUMAN ORGAN OR TISSUE FROM A DONOR AND SUCH CHARGE SHALL BE 45 VOID AND UNENFORCEABLE. 46 S 4316. LAW GOVERNING VALIDITY. 1. A DOCUMENT OF GIFT IS VALID IF 47 EXECUTED IN ACCORDANCE WITH: 48 (A) THIS ARTICLE; 49 (B) THE LAWS OF THE STATE OR COUNTRY WHERE IT WAS EXECUTED; OR 50 (C) THE LAWS OF THE STATE OR COUNTRY WHERE THE PERSON MAKING THE 51 ANATOMICAL GIFT WAS DOMICILED, HAS A PLACE OF RESIDENCE, OR WAS A 52 NATIONAL AT THE TIME THE DOCUMENT OF GIFT WAS EXECUTED. 53 2. IF A DOCUMENT OF GIFT IS VALID UNDER THIS SECTION, THE LAW OF THIS 54 STATE GOVERNS THE INTERPRETATION OF THE DOCUMENT OF GIFT. S. 4488 12 1 3. A PERSON MAY PRESUME THAT A DOCUMENT OF GIFT OR AMENDMENT OF AN 2 ANATOMICAL GIFT IS VALID UNLESS THAT PERSON KNOWS THAT IT WAS NOT VALID- 3 LY EXECUTED OR WAS REVOKED. 4 S 4317. NEW YORK STATE DONATE LIFE REGISTRY. 1. THE DEPARTMENT SHALL 5 MAINTAIN AN ORGAN AND TISSUE DONOR REGISTRY, WHICH SHALL BE REFERRED TO 6 AS THE NEW YORK DONATE LIFE REGISTRY AND SHALL CONTAIN A STATEMENT OR 7 SYMBOL THAT THE DONOR HAS MADE OR AMENDED AN ANATOMICAL GIFT. 8 2. SUCH REGISTRATION OF ANATOMICAL GIFTS CAN BE MADE THROUGH: 9 (A) A STATEMENT OR SYMBOL MADE ON THE APPLICATION OR RENEWAL FORM OF A 10 LICENSE, 11 (B) A STATEMENT OR SYMBOL MADE ON A NON-DRIVER IDENTIFICATION CARD 12 APPLICATION OR RENEWAL FORM, 13 (C) ENROLLMENT IN THE REGISTRY WEBSITE MAINTAINED BY THE DEPARTMENT, 14 OR 15 (D) THROUGH ANY OTHER METHOD IDENTIFIED BY THE COMMISSIONER. 16 3. (A) INFORMATION CONTAINED IN THE REGISTRY SHALL BE ACCESSIBLE TO: 17 (1) FEDERALLY REGULATED ORGAN PROCUREMENT AGENCIES, 18 (2) EYE AND TISSUE BANKS LICENSED BY THE DEPARTMENT PURSUANT TO ARTI- 19 CLE FORTY-THREE-B OF THIS CHAPTER, AND 20 (3) ANY OTHER ENTITY FORMALLY APPROVED BY THE COMMISSIONER. 21 (B) THE INFORMATION CONTAINED IN THE REGISTRY SHALL NOT BE RELEASED TO 22 ANY PERSON EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION SOLELY FOR THE 23 PURPOSE OF IDENTIFYING POTENTIAL ORGAN AND TISSUE DONORS AT OR NEAR THE 24 TIME OF DEATH. 25 4. IF THE DEPARTMENT HAD AN ESTABLISHED REGISTRY PRIOR TO THE EFFEC- 26 TIVE DATE OF THIS SECTION, IT SHALL BE DEEMED TO MEET THE REQUIREMENTS 27 OF THIS SECTION. 28 5. THE REGISTRY SHALL PROVIDE PERSONS ENROLLED THE OPPORTUNITY TO 29 SPECIFY WHICH ORGANS AND TISSUES THEY WANT TO DONATE AND IF THE DONATION 30 CAN BE USED FOR TRANSPLANTATION AND THERAPY OR RESEARCH, OR BOTH. 31 6. THE DEPARTMENT OF MOTOR VEHICLES SHALL COOPERATE WITH A PERSON THAT 32 ADMINISTERS ANY DONOR REGISTRY THAT THIS STATE ESTABLISHES, CONTRACTS 33 FOR, OR RECOGNIZES FOR THE PURPOSE OF TRANSFERRING TO THE DONOR REGISTRY 34 ALL RELEVANT INFORMATION REGARDING A DONOR'S MAKING, AMENDMENT TO, OR 35 REVOCATION OF AN ANATOMICAL GIFT. 36 7. A DONOR REGISTRY SHALL BE ACCESSIBLE SEVEN DAYS A WEEK ON A TWEN- 37 TY-FOUR-HOUR BASIS. 38 8. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS 39 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. 40 S 4318. EFFECT OF ANATOMICAL GIFT ON ADVANCE HEALTH-CARE DIRECTIVE. 1. 41 FOR THE PURPOSES OF THIS SECTION: 42 (A) "ADVANCE HEALTH-CARE DIRECTIVE" MEANS A POWER OF ATTORNEY FOR 43 HEALTH CARE OR A RECORD SIGNED BY A PROSPECTIVE DONOR CONTAINING THE 44 PROSPECTIVE DONOR'S DIRECTION CONCERNING A HEALTH-CARE DECISION FOR THE 45 PROSPECTIVE DONOR; 46 (B) "DECLARATION" MEANS A RECORD SIGNED BY A PROSPECTIVE DONOR SPECI- 47 FYING THE CIRCUMSTANCES UNDER WHICH A LIFE SUPPORT SYSTEM MAY BE WITH- 48 HELD OR WITHDRAWN FROM THE PROSPECTIVE DONOR; AND 49 (C) "HEALTH-CARE DECISION" MEANS ANY DECISION MADE REGARDING THE 50 HEALTH CARE OF THE PROSPECTIVE DONOR. 51 2. IF THE TERMS OF A PROSPECTIVE DONOR'S DECLARATION OR ADVANCE 52 HEALTH-CARE DIRECTIVE AND THE EXPRESS OR IMPLIED TERMS OF AN ANATOMICAL 53 GIFT MADE BY THE PROSPECTIVE DONOR, OR MADE BY ANY OTHER PERSON, APPEAR 54 TO BE IN CONFLICT WITH REGARD TO THE ADMINISTRATION OF MEASURES NECES- 55 SARY TO ENSURE THE MEDICAL SUITABILITY OF A PART FOR TRANSPLANTATION OR 56 THERAPY, APPROPRIATE CONSULTATION SHALL OCCUR TO DETERMINE THE PROSPEC- S. 4488 13 1 TIVE DONOR'S ACTUAL OR LIKELY INTENT IN RESOLVING THAT CONFLICT. RESOL- 2 UTION OF THE CONFLICT SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE. IF THE 3 PROSPECTIVE DONOR IS UNABLE TO RESOLVE THE CONFLICT, ANOTHER PERSON 4 AUTHORIZED BY LAW OTHER THAN THIS ARTICLE TO MAKE HEALTH CARE DECISIONS 5 ON BEHALF OF THE PROSPECTIVE DONOR SHALL RESOLVE THE CONFLICT. PRIOR TO 6 THE RESOLUTION OF THE CONFLICT, MEASURES NECESSARY TO ENSURE THE MEDICAL 7 SUITABILITY OF THE PART MAY NOT BE WITHHELD OR WITHDRAWN FROM THE 8 PROSPECTIVE DONOR PROVIDED THAT WITHHOLDING OR WITHDRAWING OF THE MEAS- 9 URES ARE NOT CONTRAINDICATED BY APPROPRIATE END-OF-LIFE CARE. 10 S 4319. COOPERATION BETWEEN THE CORONER OR MEDICAL EXAMINER AND 11 PROCUREMENT ORGANIZATION. 1. A CORONER OR MEDICAL EXAMINER SHALL COOPER- 12 ATE WITH PROCUREMENT ORGANIZATIONS TO MAXIMIZE THE OPPORTUNITY TO 13 RECOVER ANATOMICAL GIFTS FOR THE PURPOSE OF TRANSPLANTATION, THERAPY, 14 RESEARCH, OR EDUCATION. 15 2. IF A CORONER OR MEDICAL EXAMINER RECEIVES NOTICE FROM A PROCUREMENT 16 ORGANIZATION THAT AN ANATOMICAL GIFT MAY BE AVAILABLE OR WAS MADE WITH 17 RESPECT TO A DECEDENT WHOSE BODY IS UNDER THE JURISDICTION OF THE CORON- 18 ER OR MEDICAL EXAMINER AND A POST-MORTEM EXAMINATION IS GOING TO BE 19 PERFORMED, UNLESS THE CORONER OR MEDICAL EXAMINER DENIES RECOVERY IN 20 ACCORDANCE WITH SECTION SIX HUNDRED SEVENTY-FOUR-A OF THE COUNTY LAW, 21 THE CORONER OR MEDICAL EXAMINER OR DESIGNEE SHALL CONDUCT A POST-MORTEM 22 EXAMINATION OF THE BODY OR THE PART IN A MANNER AND WITHIN A PERIOD 23 COMPATIBLE WITH ITS PRESERVATION FOR THE PURPOSES OF THE GIFT. 24 3. A PART MAY NOT BE REMOVED FROM THE BODY OF A DECEDENT UNDER THE 25 JURISDICTION OF A CORONER OR MEDICAL EXAMINER FOR TRANSPLANTATION, THER- 26 APY, RESEARCH, OR EDUCATION UNLESS THE PART IS THE SUBJECT OF AN ANATOM- 27 ICAL GIFT. THE BODY OF A DECEDENT UNDER THE JURISDICTION OF THE CORONER 28 OR MEDICAL EXAMINER MAY NOT BE DELIVERED TO A PERSON FOR RESEARCH OR 29 EDUCATION UNLESS THE BODY IS THE SUBJECT OF AN ANATOMICAL GIFT. THIS 30 SUBDIVISION SHALL NOT PRECLUDE A CORONER OR MEDICAL EXAMINER FROM 31 PERFORMING THE INVESTIGATION UPON THE BODY OR PARTS OF A DECEDENT UNDER 32 THE JURISDICTION OF THE CORONER OR MEDICAL EXAMINER. 33 S 4320. RELEASE OF RECORDS. UPON REQUEST OF A PROCUREMENT ORGANIZA- 34 TION, A CORONER OR MEDICAL EXAMINER SHALL RELEASE TO THE PROCUREMENT 35 ORGANIZATION THE NAME, CONTACT INFORMATION, AND AVAILABLE MEDICAL AND 36 SOCIAL HISTORY OF A DECEDENT WHOSE BODY IS UNDER THE JURISDICTION OF THE 37 CORONER OR MEDICAL EXAMINER. IF THE DECEDENT'S BODY OR PART IS MEDICALLY 38 SUITABLE FOR TRANSPLANTATION, THERAPY, RESEARCH, OR EDUCATION, THE 39 CORONER OR MEDICAL EXAMINER SHALL PROMPTLY RELEASE POST-MORTEM EXAMINA- 40 TION RESULTS TO THE PROCUREMENT ORGANIZATION. THE PROCUREMENT ORGANIZA- 41 TION MAY MAKE A SUBSEQUENT DISCLOSURE OF THE POST-MORTEM EXAMINATION 42 RESULTS OR OTHER INFORMATION RECEIVED FROM THE CORONER OR MEDICAL EXAM- 43 INER ONLY IF RELEVANT TO TRANSPLANTATION, THERAPY OR RESEARCH. 44 S 3. Subdivision 10 of section 4201 of the public health law, as added 45 by chapter 76 of the laws of 2006, is amended to read as follows: 46 10. This section does not supersede, alter or abridge THE EXECUTION OF 47 AN ANATOMICAL GIFT OR any provision of article forty-three of this chap- 48 ter [including, but not limited to, the persons authorized to execute an 49 anatomical gift pursuant to section forty-three hundred one of this 50 chapter]. 51 S 4. Section 4221 of the public health law, as amended by chapter 128 52 of the laws of 1979, is amended to read as follows: 53 S 4221. Removal of eyes and/or parts thereof after death. If any 54 donation, authorization [or], consent [made pursuant to section forty- 55 three hundred three of this article] or dissection made pursuant to 56 [subdivision three of section forty-two hundred ten of this] article S. 4488 14 1 FORTY-THREE OF THIS CHAPTER relates to the removal of a deceased 2 person's eyes and/or parts thereof, the individual or agency authorized 3 to remove such eyes and/or parts thereof may permit such removal to be 4 made by a medical student, technician or nurse. 5 S 5. The opening paragraph of subdivision 1, subdivision 2 and subdi- 6 vision 3 of section 4222 of the public health law, the opening paragraph 7 of subdivision 1 and subdivision 2 as amended by chapter 242 of the laws 8 of 1981 and subdivision 3 as added by chapter 879 of the laws of 1985, 9 are amended to read as follows: 10 Upon request from a general hospital or medical center for corneal 11 tissue for transplant or pituitary gland tissue for extraction of growth 12 hormone, the coroner or medical examiner may then request or authorize 13 an agent to request from the authorized person under the conditions 14 established [in subdivision two of section forty-three hundred one] 15 UNDER ARTICLE FORTY-THREE of this chapter, the authorization, which may 16 be oral or written according to law, to perform the removal. Upon 17 receiving such authorization, the coroner or medical examiner shall 18 authorize the supply of such corneal tissue or pituitary gland tissue 19 upon the following conditions: 20 2. The coroner or medical examiner authorizing the removal of corneal 21 tissue or the pituitary gland tissue pursuant to the provisions of this 22 section shall not be held liable in a civil action for damages by any 23 person specified [by subdivision two of section forty-three hundred one] 24 IN SECTION FORTY-THREE HUNDRED SIX of this chapter, for such removal 25 where after the exercise of due diligence such coroner or medical exam- 26 iner obtained authorization from any person specified [by subdivision 27 two of section forty-three hundred one of this chapter] UNDER SUCH 28 SECTION. 29 3. Except where an anatomical gift has previously been requested or 30 authorized, upon the request of a tissue bank [or storage facility] as 31 defined in section forty-three hundred of this chapter, the coroner or 32 medical examiner may then provide the name of the decedent under his OR 33 HER jurisdiction and the name of the decedent's spouse or other persons 34 authorized to execute an anatomical gift in accordance with the 35 provisions of [section forty-three hundred one] ARTICLE FORTY-THREE of 36 this chapter. 37 S 6. Subdivision 5 of section 4364 of the public health law, as added 38 by chapter 589 of the laws of 1990, is amended to read as follows: 39 5. No hospital or other facility and no physician shall permit any 40 person to procure tissue or non-transplant organs unless such person has 41 been licensed in accordance with this article, or has been asked by a 42 licensed bank or storage facility to procure a specified tissue or non- 43 transplant organ. No bank or storage facility shall sell or otherwise 44 transfer tissue for valuable consideration. Valuable consideration 45 shall not include reasonable costs associated with the procurement, 46 processing, storage and distribution of tissue. Nothing [herein] IN 47 THIS SECTION shall impair the provisions of section forty-three hundred 48 [seven] THIRTEEN of this chapter. 49 S 7. Subdivision 1 of section 502 of the vehicle and traffic law, as 50 amended by chapter 639 of the laws of 2006, is amended to read as 51 follows: 52 1. Application for license. Application for a driver's license shall 53 be made to the commissioner. The fee prescribed by law may be submitted 54 with such application. The applicant shall furnish such proof of identi- 55 ty, age, and fitness as may be required by the commissioner. The commis- 56 sioner may also provide that the application procedure shall include the S. 4488 15 1 taking of a photo image or images of the applicant in accordance with 2 rules and regulations prescribed by the commissioner. In addition, the 3 commissioner also shall require that the applicant provide his or her 4 social security number and provide space on the application so that the 5 applicant may register in the New York state [organ and tissue donor] 6 DONATE LIFE registry under section forty-three hundred [ten] SEVENTEEN 7 of the public health law. In addition, an applicant for a commercial 8 driver's license who will operate a commercial motor vehicle in inter- 9 state commerce shall certify that such applicant meets the requirements 10 to operate a commercial motor vehicle, as set forth in public law 11 99-570, title XII, and title 49 of the code of federal regulations, and 12 all regulations promulgated by the United States secretary of transpor- 13 tation under the hazardous materials transportation act. Upon a determi- 14 nation that the holder of a commercial driver's license has made any 15 false statement, with respect to the application for such license, the 16 commissioner shall revoke such license. 17 S 8. Paragraph (a) of subdivision 1 of section 504 of the vehicle and 18 traffic law, as separately amended by chapters 568 and 639 of the laws 19 of 2006, is amended to read as follows: 20 (a) Every license or renewal thereof shall contain a distinguishing 21 mark and adequate space upon which an anatomical gift, pursuant to 22 section forty-three hundred [ten] SEVENTEEN of the public health law, by 23 the licensee shall be recorded and shall contain such other information 24 and shall be issued in such form as the commissioner shall determine; 25 provided, however, every license or renewal thereof issued to a person 26 under the age of twenty-one years shall have prominently imprinted upon 27 it the statement "UNDER 21 YEARS OF AGE" in notably distinctive print or 28 format; provided further, however, every license or renewal thereof 29 issued to a person making an anatomical gift shall have prominently 30 printed upon the front of such license or renewal thereof the statement 31 "ORGAN DONOR" in notably distinctive print or format. The commissioner 32 shall not require fees for the issuance of such licenses or renewals 33 thereof to persons under twenty-one years of age or to persons making an 34 anatomical gift which are different from the fees required for the issu- 35 ance of licenses or renewals thereof to persons twenty-one years of age 36 or over or to persons not making an anatomical gift. 37 S 9. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law; provided, however, that effective immediate- 39 ly the addition, amendment and/or repeal of any rule or regulation 40 necessary for the implementation of this act on its effective date are 41 authorized and directed to be made and completed on or before such 42 effective date.