Section 4310. New York state donate life registry for organ and tissue donations

1. The department shall establish an organ and  tissue  donor
  registry,  which  shall be called and be referred to as the "donate life
  registry", which shall contain a listing of all donors who have declared
  their consent to make an anatomical gift.
    2. Such registration of consent to make an anatomical gift can be made
  through (a) indication made on the application  or  renewal  form  of  a
  license,  (b)  indication  made  on  a  non-driver  identification  card
  application or renewal form,  (c)  enrolling  in  the  registry  website
  maintained   by   the   department,  (d)  indication  made  on  a  voter
  registration form pursuant to subdivision five of section 5-210  of  the
  election  law,  or  (e)  through  any  other  method  identified  by the
  commissioner. The registration shall take  effect  upon  the  department
  sending  written  notice  of the registration to the person enrolling in
  the registry.
    3. (a) Information contained in the registry shall  be  accessible  to
  (i)  federally regulated organ procurement agencies, (ii) eye and tissue
  banks licensed by the department pursuant to  article  forty-three-B  of
  this   chapter,   (iii)  any  other  entity  formally  approved  by  the
  commissioner.
    (b) The information contained in the registry shall not be released to
  any person except as expressly authorized by this section solely for the
  purpose of identifying potential organ and tissue donors at or near  the
  time of death.
    4.  If  the  department  had  an  established  registry  prior  to the
  effective date  of  this  section,  it  shall  be  deemed  to  meet  the
  requirements of this section.
    5.  The  registry  shall  provide  persons enrolled the opportunity to
  specify which organs and tissues they want to donate and if the donation
  can be used for transplantation, research, or both.
    6. A person registered in the organ and  tissue  registry  before  the
  effective  date  of  this  subdivision shall be deemed to have expressed
  intent to donate, until and unless he or she files an amendment  to  his
  or her registration or a new registration expressing consent to donate.
    7.  The  commissioner  shall contact each person registered before the
  effective date of this subdivision in the organ and tissue  registry  in
  writing  to inform him or her that at the time he or she registered, the
  registry was that of intent and that the registry is now one of consent,
  to explain in clear and  understandable  terms  the  difference  between
  intent  and consent, and to provide opportunity for the person to change
  his or her registration to  provide  consent  by  amending  his  or  her
  current registration or executing a new registration.
    8.  The commissioner is authorized to promulgate rules and regulations
  necessary to implement the provisions of this section.