N.Y. Public Health Law § 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 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 until December 21, 2026

* (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; (xi) transactions conducted through the

patient-facing portal of an individual's electronic health record; or

(xii) 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), (xi) and (xii) of this paragraph.

* NB Effective December 21, 2026

(b) * (i) Where required by law for transactions described in

subparagraphs (i), (ii), (iv), (vii), (viii), (ix), (x), (xi) and (xii)

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 December 21, 2026

* (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 December 21, 2026

(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.