Relates to eye and tissue donation; requires coroners to develop a protocol for making referrals of deaths that fall under their jurisdiction and occur outside of a hospital including calling the federally designated organ procurement organization for donor registry verification and a donor suitability determination.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6582
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the county law, in relation to eye and
tissue donation
PURPOSE OR GENERAL IDEAL OF BILL:
To ensure coroners and medical examiners throughout the state adhere to
protcols that would enhance opportunities for eye and tissue donation.
SUMMARY OF PROVISIONS:
Section 1. Amends the county law and adds paragraph (c) which would
direct coroners and medical examiners to develop a protocol for making
referrals of deaths that fall under their jurisdiction and occur outside
of a hospital with their federally designated organ procurement organ-
ization. This protocol must include the coroner or medical examiner to
call the federally designated organ procurement organization to refer
the death. The federally designated procurement organization will then
make donor registry verification and suitability determination.
Section 2. Provides the effective date.
JUSTIFICATION:
In 1998 the Federal Required Referral Law was adopted and required all
deaths that occur in a hospital to be diligently referred to their
federally designated Organ Procurement Organization (0P0). By attaching
the law to the Conditions of Participation under Medicare and Medicaid
Services, compliance was guaranteed. Prior to this law, hospitals failed
to voluntarily cooperate in order to adopt protocols that would refer
these deaths. This made it extremely difficult to address the shortage
of much needed organs and tissues. Coroners were left out of the
Required Referral. Law, leaving a loophole when deaths fall under their
jurisdiction.
While there have been significant advancements to expand enrollment
opportunities, New York remains far behind other states in terms of
registry participation. As of 2017, only 28 percent of New York's eligi-
ble population is enrolled as a donor in the registry. The need for eye
and tissue donors continues to increase. Each year, nationally, over 1
million persons are helped through life enhancing/healing eye and tissue
transplants.
While some counties throughout New York State have adopted protocols to
refer all deaths pronounced at the scene many have not which would
remove any opportunity for donation of viable eye and tissues. Based
upon the policy and procedures adopted by hospitals in 1998, this legis-
lation would direct coroners and medical examiners to call and refer all
deaths to their federally designated OPO. Registry verification and
suitability of tissues and eyes is then made by the OPO.
PRIOR LEGISLATIVE HISTORY:
2018: A10046; Referred to Local Governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:.:
Immediately.
