Bill Text: NY A06207 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-15 - print number 6207b [A06207 Detail]

Download: New_York-2011-A06207-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6207
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2011
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Health
       AN  ACT  to  amend  the  public  health  law,  in  relation to sales and
         purchases of human organs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 4307 of the public health law, as amended by chap-
    2  ter 362 of the laws of 2009, is amended to read as follows:
    3    S 4307. Prohibition of sales and purchases of  human  organs  OR  BODY
    4  PARTS.  1.  It  shall  be  unlawful for any person to knowingly acquire,
    5  receive, or otherwise transfer  for  valuable  consideration  any  human
    6  organ  for  use in human transplantation, OR TO PROCURE ANY BODY PART IN
    7  VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
    8  liver, heart, lung, bone marrow, and any other human organ or tissue  as
    9  may  be designated by the commissioner but shall exclude blood. The term
   10  "valuable consideration" does not include the reasonable payments  asso-
   11  ciated with the removal, transportation, implantation, processing, pres-
   12  ervation,  quality control, and storage of a human organ or the expenses
   13  of travel, housing, and lost wages incurred by  the  donor  of  a  human
   14  organ  in  connection  with  the  donation of the organ.] Any person who
   15  violates this section shall be guilty of  a  class  E  felony  FOR  EACH
   16  INSTANCE OF SALE.
   17    2. For the purposes of this section, the donation of a kidney or other
   18  organ  from  a  live donor for transplantation into an individual condi-
   19  tioned upon the donation and transplantation of a similar organ into  an
   20  individual  specified  by  the  donor  shall  not,  in and of itself, be
   21  considered to be "valuable consideration" provided  that  such  donation
   22  and  transplant  are performed in accordance with other applicable laws,
   23  rules and regulations, including any specific rules and regulations  the
   24  commissioner  may  adopt,  with the advice and consent of the transplant
   25  council, with respect to such conditional donations. No  individual  may
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05136-01-1
       A. 6207                             2
    1  make a donation conditioned upon the race, color, creed, national origin
    2  or  religious  affiliation  of  the  recipient,  and  no hospital, organ
    3  procurement organization, tissue bank, physician or  other  professional
    4  may participate in the performance of any procedure or otherwise facili-
    5  tate the donation and/or transfer of organs and/or tissue conditioned on
    6  such factors.
    7    3. FOR PURPOSES OF THIS SECTION:
    8    (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
    9  ING, RECEIVING, OR OTHERWISE TRANSFERRING;
   10    (B) THE TERM "HUMAN ORGAN" MEANS THE HUMAN KIDNEY, LIVER, HEART, LUNG,
   11  BONE MARROW, AND ANY OTHER HUMAN ORGAN OR TISSUE AS MAY BE DESIGNATED BY
   12  THE COMMISSIONER BUT SHALL EXCLUDE BLOOD;
   13    (C)  THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE REASONABLE
   14  PAYMENTS ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION,  IMPLANTATION,
   15  PROCESSING,  PRESERVATION, QUALITY CONTROL, AND STORAGE OF A HUMAN ORGAN
   16  OR THE EXPENSES OF TRAVEL, HOUSING, AND LOST WAGES INCURRED BY THE DONOR
   17  OF A HUMAN ORGAN IN CONNECTION WITH THE DONATION OF THE ORGAN OR REASON-
   18  ABLE COMPENSATION FOR RESTORATIVE WORK PERFORMED BY A  LICENSED  FUNERAL
   19  DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
   20    (D)  THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN THE
   21  DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
   22  FORTY-THREE  HUNDRED  OF  THIS  ARTICLE,  BUT SHALL EXCLUDE BLOOD OR ANY
   23  OTHER ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
   24    4. THE COMMISSIONER SHALL PRESCRIBE RULES AND  REGULATIONS  CONCERNING
   25  PROCUREMENT  OF  HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A MINIMUM THAT
   26  (A) ALL PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY  A  FACILITY
   27  REGISTERED  WITH  THE  DEPARTMENT TO UNDERTAKE SUCH PROCUREMENT, (B) ALL
   28  FACILITIES REGISTERED FOR PROCUREMENT OF HUMAN BODY PARTS  SHALL  REPORT
   29  AND  DOCUMENT  THE PROCUREMENT OF EACH BODY PART TO THE MEDICAL EXAMINER
   30  OR CORONER OF THE COUNTY WHERE THE  FACILITY  IS  LOCATED,  AND  (C)  NO
   31  FUNERAL  DIRECTOR,  UNDERTAKER, REGISTERED RESIDENT, MORTUARY STUDENT OR
   32  REGISTERED FUNERAL HOME OR FACILITY  SHALL  CONDUCT  OR  PARTICIPATE  IN
   33  PROCUREMENT OF HUMAN BODY PARTS.
   34    S 2. This act shall take effect immediately.