The following provides a brief description of the bills included in the legislative package on organ and tissue donation that were signed into law by the Governor on August 17, 2006:

Providing Avenues for More Donation Opportunities and Raising Awareness

Chapter 638 (A.11842) -- This law requires that the Transplant Council study the current standard of intent in organ donations and to study whether we should move toward a system of presumed consent; i.e. assume people want to donate unless they specify otherwise.  Presumed consent is the standard in many European countries and has greatly increased the number of donors. This law is first in the nation.  Asking the Transplant Council to consider this approach is forward thinking and will utilize the existing experts in New York to make recommendations.

Chapter 640 (A.11887) -- Renames the New York State Organ and Tissue Donor Registry to the “Donate Life Registry.”  This law will enhance the Registry by incorporating the national efforts of Coalition on Donation to utilize the “Donate Life” logo.  This change enhances the actions already taken by the Department of Health.

Chapter 568 (A.3995) -- Provides that drivers’ licenses and renewals issued to a person making an anatomical gift shall have prominently printed upon the front a designation of the statement. This is a simple and powerful change.  While the New York license is considered by law a document of gift, the current license is impossible to sign, and therefore this improvement is important for people to confirm their decision to be a donor.
  
Chapter 598 (A.9902) -- Establishes an anatomical gift information program to promote public awareness of organ and tissue donation within the Department of Health.  This law codifies the good work already initiated by the Department of Health staff by making donation an ongoing part of any education efforts.

Chapter 639 (A.11883) -- Allows those registered under the New York State Organ and Tissue Donor Registry to authorize and execute an anatomical gift; requires consent to be made upon registration to make an anatomical gift.  This law will improve our current registry by making it one that documents an individual’s legal decisions to be a donor.  Thirty-one states have registries of consent.  It is a national priority with Health and Human Services just releasing grant funding to assist states without registries to initiate them in the next year.  States with highly functioning registries consistently have higher consent rates then New York.  This mechanism will assist in the donation process in New York and ensure that legal documents of gift are acted upon.

Tax Incentives for Organ Donors and Their Families

Chapter 565 (A.3072) -- Provides donors and their families an income tax credit for up to $10,000. This law recognizes that the act of donation by living donors includes out-of-pocket expenses and lost wages that are not covered by insurance.  This is limited to New York residents and is acceptable under Federal law governing donation. Much like charitable activities are considered for the purposes of tax reduction so should this ultimate act of giving?

Additional Funding for Organ Donation Programs

Chapter 570 (A.4294) -- Requires that the drivers’ license application provide for an opportunity to make a voluntary contribution to the Life Pass It On Trust Fund to support organ and tissue donation education and awareness.  The state of Pennsylvania generates approximately $800,000 per year with this type of mechanism.  Pennsylvania has consistently more deceased donors than New York with seven million fewer people; this is related to supporting donation education and awareness throughout the state with a designated source of funding.  New York will make a difference by allowing funding for a sustained and consistent effort across the State.

New York legislative leaders and the Governor had previously demonstrated their support through: creating the Gift of Life Donor Medal of Honor program; creating the New York State Organ and Tissue Donor Registry of Intent administratively and then signing legislation in 2004 to make it part of the Public Health Law; creating the Life Pass It On license plate and establishing the Life Pass It On Trust Fund; and consistently proclaiming Thanksgiving as “Give Thanks, Give Life Day” and April as “Organ and Tissue Donor Awareness Month.”  [Click here to view the Alliance for Donation August 17, 2006 press release]

Governor Signs Series of Bills Encouraging Organ Donation
Countless Additional New Yorkers to Receive the “Gift of Life”