NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1395
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to permitting a close
friend to make an anatomical gift of a decedent's body
PURPOSE OR GENERAL IDEA OF BILL:
To conform the state's implementation of the Uniform Anatomical Gift Act
with provisions of the Family Health Care Decisions Act (FHDCA) allowing
the opportunity for those individuals designated under the FHDCA as
close friends to be included in decisions regarding posthumous anatom-
ical gifts.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subparagraph (x) of subdivision (2) of section 4301 of
the Public Health Law as it relates to posthumous organ, eye, and tissue
donation to include close friends, as defined in Public Health law, as a
class of individuals able to make anatomical gifts on behalf of deceased
individuals. A new subparagraph (xi) is added to include current
provisions of law that allow for other persons otherwise authorized or
under obligation to dispose of a deceased individual's body. These indi-
viduals are typically hospital administration employees or similar indi-
viduals.
Section 2 amends paragraph (b) of subdivision (2) of section 4305 of the
Public Health Law as it relates to amendment or revocation of anatomical
gifts to make conforming changes consistent with section 1 of this bill.
Section 3 provides an effective date.
JUSTIFICATION:
In 2019, the legislature modernized the state's anatomical gift law
through its passage of the New York Gift Act. Prior to these vital poli-
cy changes, New York's anatomical gift law consisted primarily of the
Uniform Anatomical Gift Act's 1987 provisions. In instances when a
deceased individual has not documented their decision to make an anatom-
ical gift, provisions contained within the New York Gift Act created a
more inclusionary prioritized list of those who may authorize an anatom-
ical gift on behalf of the decedent. This legislation proposes to
further expand that list and bring it into alignment with the rest of
the nation by including an additional authorizer to this hierarchy of
decision-makers: close friends.
Currently, New York is one of only seven states that do not include
close friends in the classes of persons authorized to make an anatomical
gift. The anatomical gift laws of 43 other states as well as that of
Washington D.C. contain language allowing a close friend or equivalent
to make this decision. Further, New York's Family Health Care Decisions
Act recognizes the importance of including close friends among the
surrogates authorized to make healthcare decisions on behalf of a living
individual. Incorporating the same class into New York's anatomical gift
law is a common-sense approach in circumstances where a deceased indi-
vidual has not named a health care agent and has no relatives, but does
have a close friend who is willing to act as a surrogate. Further, the
inclusion of close friends as a recognized class of decision makers
provides for equitable treatment of all New Yorkers and consistent
treatment of close friend relationships across public health law appli-
cation.
PRIOR LEGISLATIVE HISTORY:
A7703 of 2023 and 2024, passed assembly/S6690 of 2023 and 2024 advanced
to third reading.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the first of January succeeding the date
that it shall have become a law.
