Organ-donor bill dies in LegislatureAt issue: Should people be allowed to say no or not at this time
Written by | Cara Matthews | Star Gazette

ALBANY -- Legislation aimed at increasing organ donations died in the Assembly last week, but the sponsors hope to reach a compromise with advocacy groups that opposed the final bill and try again next year.

The legislation would require people applying for driver's licenses and IDs to answer the question on the Department of Motor Vehicles form about becoming an organ donor. Currently, responding to the question is optional.

The original bill would have required a "yes" or "not at this time" answer, but it was amended to "yes," "no" or "not at this time" when questions were raised about the fairness of not letting someone say no.

While the revised legislation easily passed the Senate, organ-donation organizations said the new language was a poison pill and opposed it.

Sen. David Carlucci, D-Clarkstown, Rockland County, said he plans to meet with the groups and is hopeful they can agree on legislation. The bill's Assembly sponsor is Felix Ortiz, D-Brooklyn.

"The longer we wait to get this important legislation passed, the more it hurts the people in New York state," said Carlucci, who is in his first year as senator.

The bill, known as Lauren's Law, is named for 11-year-old Lauren Shields of Stony Point, Rockland County, who received a heart transplant in 2010.

New York has one of the lowest percentages of residents on its organ-donor registry, ranking 48th out of 50. Fifteen percent of adult New Yorkers were registered donors last year, compared to the national average of 40 percent, according to Donate Life America.

The organ-donation community didn't support the revised bill because of the "no" option.

The families of people who answered no on a DMV form could not be approached to talk about donating organs. That would not be the case for those who responded "not at this time."

Elaine Berg, president and CEO of the New York Organ Donor Network, said she is confident an agreement can be worked out.

It's conceivable that people applying for licenses who weren't fully informed about organ donation might find it easier just to check no, Berg said. Other states that have created "no" lists have found it hurt efforts to increase organ-donor registries, she said.