BILL NUMBER: S2206
SPONSOR: ORTT
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to fairness in organ
donations to persons with physical or mental disabilities
 
PURPOSE:
To ensure that individuals with a physical or mental disability are not
discriminated against in organ donation.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new article 35 to the mental hygiene law creating the
organ donation fairness act. Specifically, this section contains a
Legislative Intent, definitions, discrimination prohibitions, and
enforcement.
Section 2 is the effective date.
 
JUSTIFICATION:
The American with Disabilities Act expressly prohibits discrimination
against individuals with physical or intellectual disabilities. Howev-
er, discrimination stilt exists when an individual with a disability is
facing the need for organ donation. These individuals with disabilities
lives are no less worthy for life saving organ donation than an individ-
ual without a disability. This legislation seeks to ensure that our laws
protect these individuals. This legislation does not elevate these indi-
viduals with a disability but ensures that they are viewed as equals
when organ donation is being considered. Recently Oregon, California,
New Jersey, Maryland and Massachusetts have passed laws to this effect.
 
PRIOR LEGISLATIVE HISTORY:
S.779 of 2023/2024; Referred to Mental Health
S. 3203 of 2021/2022; Referred to Mental Health
2019-2020: S. 455 Referred to Mental Health and Developmental Disabili-
ties
2017-2018: S.7043 committed to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.