2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4310 - New York State Donate Life Registry for Organ, Eye and Tissue Donations.

§  4310. New York state donate life registry for organ, eye and tissue
donations. 1. The department shall establish an organ, eye,  and  tissue
donor  registry, which shall be called and be referred to as the "donate
life registry", which shall provide a means to make and register a  gift
of  organs,  eyes and tissues to take place after death pursuant to this
article. The donate life registry shall contain a listing of all  donors
who have declared their consent to make an anatomical gift.
2.  The  commissioner  may  enter  into  a multi-year contract for the
operation and promotion of the donate  life  registry  subject  to  such
terms  and  conditions  as  may be contained within such contract with a
not-for-profit organization that has experience working with organ,  eye
and tissue procurement organizations, has expertise in conducting organ,
eye  and  tissue donor promotional campaigns, and is affiliated with the
organ, eye and tissue  donation  community  throughout  the  state.  The
contractor  may  subcontract  as needed for the effective performance of
the contract. All such subcontractors and the terms of such subcontracts
shall be subject to approval by the commissioner. Any  applicable  state
agency, including, but not limited to, the department, the department of
motor  vehicles  and  the  board  of  elections,  shall cooperate in the
collection and transfer of registrant data to the donate life registry.
3. The duties of the contractor shall include, but not be limited  to,
the following:
(a) the development, implementation and maintenance of the donate life
registry  that includes online, mailed and other forms of organ, eye and
tissue donor registration, verification, amendment and revocation;
(b) preparation and submission of a plan to encourage organ,  eye  and
tissue  donation  through  education  and  marketing  efforts  and other
recommendations that would streamline  and  enhance  the  cost-effective
operation of the donate life registry;
(c) provision of written or electronic notification of registration in
the  donate  life registry to an individual enrolling in the donate life
registry;  provided,  however,  that  written  in-person  or  electronic
notifications  shall  be  utilized  wherever  possible  as  methods  for
fulfillment of the purposes of this paragraph; and
(d) preparation and submission of an  annual  written  report  to  the
department. Such report shall include:
(i)  a  performance  matrix including the number of registrants on the
donate  life  registry  and  an  analysis  of  the  registration  rates,
including   but  not  limited  to,  location,  method  of  registration,
demographic, and state comparisons;
(ii) the characteristics of registrants as determined from the  donate
life registry information;
(iii)  the annual dollar amount of voluntary contributions received by
the contractor for the purposes of maintaining the donate life  registry
and/or educational and promotional campaigns and initiatives;
(iv)  a  description  of  the  promotional  campaigns  and initiatives
implemented during the year; and
(v)  accounting  statements  of  expenditures  for  the  purposes   of
maintaining  the  donate  life  registry  and  promotional campaigns and
initiatives.
4. (a) For the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen, payments to the contractor shall  be
paid by the department.
(b)  For  the  period  beginning April first, two thousand fifteen and
thereafter, payments to the contractor shall be paid by  the  department
from  funds available for these purposes, including, but not limited to,
the funds deposited into the life pass it  on  trust  fund  pursuant  to
section ninety-five-d of the state finance law.
(c)  In  addition,  the  contractor  may  receive  and  use  voluntary
contributions.
5. * (a) Such organ, eye and tissue registration of consent to make an
anatomical  gift  can  be  made  through:  (i)  indication  made  on the
application or renewal form of a driver's license, (ii) indication  made
on  a  non-driver identification card application or renewal form, (iii)
indication made on a voter registration  form  pursuant  to  subdivision
five  of  section 5-210 of the election law, (iv) indication made on the
application for, or manual renewal application by an account holder  of,
health  care coverage offered through the state health benefit exchange,
(v) enrollment through the donate  life  registry  website,  (vi)  paper
enrollment  submitted to the donate life registry, (vii) indication made
on the application or renewal form of a  hunting,  fishing  or  trapping
license  issued  pursuant  to  title  seven  of  article  eleven  of the
environmental conservation law, (viii) indication made  on  transactions
administered  by  the  office  of  temporary  and  disability assistance
through the mybenefits.ny.gov website, or any  such  successor  website;
(ix)  indication  made on applications, renewals or related transactions
for  college  financial  aid,  grants,  or   scholarships   offered   or
administered  through  any  website  maintained  by the higher education
services corporation; or (x) through any other method identified by  the
commissioner.  The  department  shall  establish  a  means  by  which to
register the consent given by individuals who are sixteen  or  seventeen
years  of  age  in the donate life registry, and shall make registration
available by any of the methods provided  in  subparagraphs  (i),  (ii),
(iii), (iv), (v), (vi), (vii), (viii), (ix) and (x) of this paragraph.
* NB Effective until June 23, 2024
* (a)  Such  organ,  eye and tissue registration of consent to make an
anatomical gift  can  be  made  through:  (i)  indication  made  on  the
application  or renewal form of a driver's license, (ii) indication made
on a non-driver identification card application or renewal  form,  (iii)
indication  made  on  a  voter registration form pursuant to subdivision
five of section 5-210 of the election law, (iv) indication made  on  the
application  for, or manual renewal application by an account holder of,
health care coverage  offered  through  the  NY  State  of  Health,  the
official Health Plan Marketplace, (v) enrollment through the donate life
registry  website,  (vi)  paper  enrollment submitted to the donate life
registry, (vii) indication made on the application or renewal form of  a
hunting,  fishing  or trapping license issued pursuant to title seven of
article eleven of the environmental conservation law, (viii)  indication
made  on  transactions  administered  by  the  office  of  temporary and
disability assistance through the mybenefits.ny.gov website, or any such
successor website; (ix) indication made  on  applications,  renewals  or
related  transactions for college financial aid, grants, or scholarships
offered or administered through any website  maintained  by  the  higher
education services corporation; (x) indication made by an insured and/or
applicant  for  insurance  during enrollments, renewals, and the initial
process for an insured in setting up an  online  member  service  portal
with  their  insurer  for  accident  and  health  insurance policies and
contracts issued pursuant to article forty-four of this chapter, article
forty-two of the insurance law, or article forty-three of the  insurance
law,  excepting  renewals  made  through  the  NY  State  of Health, the
official  Health  Plan  Marketplace,  other  than   those   specifically
referenced  in  subparagraph (iv) of this paragraph and paragraph (v) of
subdivision one  of  section  two  hundred  six  of  this  chapter;  and
provided,  however,  that  nothing  in  this  section shall apply to the
medical assistance program under title eleven of  article  five  of  the
social  services law; or (xi) through any other method identified by the

commissioner. The  department  shall  establish  a  means  by  which  to
register  the  consent given by individuals who are sixteen or seventeen
years of age in the donate life registry, and  shall  make  registration
available  by  any  of  the methods provided in subparagraphs (i), (ii),
(iii), (iv), (v), (vi), (vii),  (viii),  (ix),  (x)  and  (xi)  of  this
paragraph.
* NB Effective June 23, 2024
(b)  * (i)  Where  required  by  law  for  transactions  described  in
subparagraphs (i), (ii), (iv), (vii), (viii), (ix), and (x) of paragraph
(a) of this subdivision, the commissioner shall ensure, in  consultation
with the head of any agency required to implement such transaction, that
space  is  provided  on  any  required  form so that the applicant shall
register or decline registration in the donate life registry for  organ,
eye  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'."
* NB Effective until June 23, 2024
* (i)  Where  required  by   law   for   transactions   described   in
subparagraphs  (i),  (ii),  (iv),  (vii),  (viii), (ix), (x) and (xi) of
paragraph (a) of this subdivision, the  commissioner  shall  ensure,  in
consultation  with  the  head  of  any agency required to implement such
transaction, that space is provided on any required  form  so  that  the
applicant  shall  register  or  decline  registration in the donate life
registry for organ, eye 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'."
* NB Effective June 23, 2024
(ii) The commissioner shall not maintain records  of  any  person  who
checks  "skip  this  question".  Except where the application is made in
person or electronically, 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, except as otherwise  provided  pursuant  to
the   provisions   of  paragraph  (b)  of  subdivision  one  of  section
forty-three  hundred  one  of  this  article.  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.
(c)  Enrollment  or  amendment  or  revocation through the donate life
registry website through any of the means listed in this subdivision may
be signed by electronic signature, in accordance with the provisions  of
article  three  of  the  state  technology  law, supported by the use of
suitable mechanisms including unique identifiers to  provide  confidence
in  the  identity  of the person providing the electronic signature. The
registration  shall  take  effect  upon  the  provision  of  written  or
electronic notice of the registration to the individual enrolling in the
donate  life  registry  and  the  registry's  entry  of the individual's
enrollment  data  in  the  registry;  provided,  however,  that  written
in-person   or  electronic  notifications  shall  be  utilized  wherever
possible as methods for fulfillment of the purposes of this paragraph.
(d) Amendments or revocations from the donate life registry  shall  be
made by the following, subject to the requirements of the commissioner:
(i)  registrants  submitting  an amendment or revocation in writing to
the donate life registry; or
(ii)  registrants submitting an amendment or revocation electronically
through the donate life registry website.
(e) Removal from the donate  life  registry  shall  not  be  deemed  a
refusal of any other or future anatomical gift.
(f)  The  donate  life registry shall provide individuals enrolled the
opportunity to specify which organs,  eyes  and  tissues  they  want  to
donate and if the donation may be used for transplantation, research, or
both.
6.  An  individual  registered in the donate life registry before July
twenty-third, two thousand eight  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. (a) The donate life registry shall be maintained in a  manner  that
allows  immediate  access  to  organ,  eye  and  tissue donation records
twenty-four hours a day, seven  days  a  week  to  the  contractor,  the
department,   federally   designated  organ  procurement  organizations,
licensed eye and tissue banks, and such  other  entities  which  may  be
approved  by  the  department  for  access. Access shall be available to
registrants to confirm the accuracy and validity of  their  registration
and  to  amend  or  revoke  their  registration,  subject  to reasonable
procedures to verify identity.
(b) Access to the donate life registry shall  have  security  measures
set  forth  in the contract to protect the integrity of the identifiable
data in the donate life registry, which may  only  be  accessed  by  the
parties  described in paragraph (a) of this subdivision and only for the
purposes of determining donor status at or near the time of death of  an
individual,  by  the  department for any purpose, by the contractor only
for purposes of quality assessment and  improvement,  technical  support
and  donor  services,  or  by individual registrants for the purposes of
confirming the accuracy and validity of their  registration  or  making,
amending or revoking their registration.
(c)  De-identified  information may be accessed by the entities listed
in paragraph (a) of this subdivision or their designees for purposes  of
analysis,   promotion,  education,  quality  improvement  and  technical
support for the donate life registry. The information contained  in  the
registry  shall  not  be  released  to  any  person  except as expressly
authorized by this section, solely for the purposes so authorized.
8. The commissioner is authorized to promulgate rules and  regulations
necessary to implement the provisions of this section.
9.  An  interagency  work  group,  composed  of  the commissioner, the
commissioner of the department of motor vehicles, a chair of  the  board
of  elections,  or their designees, and such other individuals as may be
designated by the commissioner, shall be established to  meet  with  the
contractor  annually  and  as  needed to review the status of the donate
life registry, to examine  the  steps  that  might  be  taken  by  state
agencies  to  enhance its performance and to make recommendations to the
contractor.