Law clarifies organ donation rules

Law clarifies organ donation rules
Other new laws expand booster seat rules, require C0 detectors

By CATHLEEN F. CROWLEY, Staff writer
First published in print: Tuesday, September 1, 2009

ALBANY -- Three new health and safety laws will require that more children buckled into booster seats, require carbon monoxide detectors in homes and clear up confusion about who decides whether a deceased patient's organs are donated for transplant.

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Gov. David Paterson signed the health-related bills into law last week among dozens of other bills. The organ donation law is particularly welcome among people who work in the field.

"We believe it's going to make things a lot clearer for people making these decisions," said Jeff Orlowski, executive director of the Center for Donation and Transplant in Albany.

The law adds three people to the list of decision-makers: a person who was designated to be the patient's health care agent in the event the person became incapacitated, a person designated to handle the person's remains and the patient's domestic partner.

Last year, 1,949 transplants were performed in New York and 9,326 patients are on the waiting list, according to the Center for Donation and Transplant.

Previously, the powers of the health agent, also called a health care proxy, ceased when the patient died. Under the new law, the health agent has the highest authority in the organ donation decision. Next in line is the "agent for disposition of remains," a relatively new legal designation, said Joseph Connors, clinical professor at Albany Law School. This agent decides what to do with the body of the deceased person, Connors said.

Next in line is spouse or domestic partner, although the law does not define domestic partner. The remaining hierarchy is unchanged: adult children, parents, adult siblings and finally, the patient's guardian.

Another new law affecting organ donation makes is clear that the medical costs of a living donor can be paid by the transplant recipient's insurance company. There was some concern that the insurance payouts violated the law banning payment for organs, but this law exempts payment for travel related to medical care and medical bills, Orlowski said.

A new law sponsored by Finger Lakes Assemblyman David F. Gantt, D-Monroe County, will require children up to age 7 to be strapped into booster seats while traveling in a car. Under the old law, children up to age 6 had to be in booster seats.

Gantt said he is disturbed by the number of children he sees moving around in cars completely unrestrained.

Paterson also signed Amanda's Law, which requires that carbon monoxide detectors be installed in all homes. Under the old law, carbon monoxide detectors were only required in homes built or sold after July 2002.

The bill is named for Amanda Hansen, a 16-year-old who died in January of carbon monoxide poisoning.

The AP contributed to this report. Reach Crowley at 454-5348 or ccrowley@timesunion.com.

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