BILL NUMBER: S3360
SPONSOR: RIVERA
 
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 (PHL) as it relates to posthumous organ, eye, and
tissue donation, to include close friends (as defined in subdivision
four of section 2994-a of PHL) 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 individuals are typically hospital
administration employees or similar individuals.
Section 2 amends paragraph (b) of subdivision (2) of section 4305 of the
PHL, as it relates to any 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 expand
that list further and align it with the rest of the nation by including
an additional authorizer to this hierarchy of decision-makers: close
friends.
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 recog-
nizes the importance of including close friends among the surrogates
authorized to make healthcare decisions on behalf of a living individ-
ual. Incorporating the same class into New York's anatomical gift law is
a common sense approach in circumstances where a deceased individual 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 inclu-
sion 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 applications.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S6690/A7703 Paulin
 
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.

Statutes affected:
S3360: 4305 public health law, 4305(2) public health law