State Codes and Statutes
Statutes > New-york > Pbh > Article-43 > 4310§ 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", which 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 under regulations of the commissioner and 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 department sending written notice of the registration to the person enrolling in the registry. In making regulations on using an electronic signature for a registration of consent, the commissioner shall consult with the director of the office of technology. 3. (a) Information contained in the registry shall be accessible to (i) federally regulated organ procurement agencies, (ii) eye and tissue banks licensed by the department pursuant to article forty-three-B of this chapter, (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.
