New York State Assembly

 
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A01395 Summary:

A01395 Actions:

A01395 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:02/24/2025AYE/NAY:24/0  Action: Favorable         
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Gandolfo
Aye
Rosenthal
Aye
Blumencranz
Aye
Hevesi
Aye
Gray
Aye
Steck
Aye
Maher
Aye
Braunstein
Aye
Slater
Aye
Solages
Aye
Chludzinski
Aye
Bichotte Hermel
Excused
Norber
Aye
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Absent
Kelles
Aye
Lucas
Aye
Meeks
Aye
Lunsford
Aye

A01395 Floor Votes:

A01395 Memo:

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.

A01395 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1395
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN, SAYEGH, HEVESI, TAPIA, REYES, DINOWITZ --
          read once and referred to the Committee on Health
 
        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraphs (ix) and (x) of paragraph (a)  and  paragraph
     2  (b)  of subdivision 2 of section 4301 of the public health law, subpara-
     3  graph (ix) and (x) of paragraph (a) as  amended  and  paragraph  (b)  as
     4  added  by  section  1  of part B of chapter 742 of the laws of 2019, are
     5  amended to read as follows:
     6    (ix) a guardian of the person of the decedent at the time  of  his  or
     7  her death, [or]
     8    (x)  a  close friend as defined in subdivision four of section twenty-
     9  nine hundred ninety-four-a of this chapter, or
    10    (xi) any other person authorized or under the obligation to dispose of
    11  the body.
    12    (b) If there is more than one member of a class listed in subparagraph
    13  (iv), (vi), (vii), [or] (viii), or (x) of paragraph (a) of this subdivi-
    14  sion entitled to make an anatomical gift, an anatomical gift may be made
    15  by a member of the class unless  that  member  or  person  knows  of  an
    16  objection  by another member of the class. If an objection is known, the
    17  gift may be made only by a majority of the members of the class who  are
    18  reasonably available.
    19    §  2.  Paragraph  (b)  of  subdivision 2 of section 4305 of the public
    20  health law, as amended by chapter 45 of the laws of 2020, is amended  to
    21  read as follows:
    22    (b)  If  more  than one member of a class listed in subparagraph (iv),
    23  (vi), (vii), [or] (viii), or (x) of paragraph (a) of subdivision two  of
    24  section forty-three hundred one of this article is reasonably available,
    25  a  gift  made pursuant to subdivision two of section forty-three hundred
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03875-01-5
        A. 1395                             2
 
     1  one of this article shall be amended or revoked only if  a  majority  of
     2  the reasonably available members agree.
     3    §  3. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law. Effective immediately,
     5  the commissioner of health is authorized to take any  actions  necessary
     6  to implement the provisions of this act on or before its effective date.

A01395 LFIN:

 
NO LFIN