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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6207--A
                              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 -- recommitted to the Committee on Health in accordance
         with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05136-03-2
       A. 6207--A                          2
    1  commissioner  may  adopt,  with the advice and consent of the transplant
    2  council, with respect to such conditional donations. No  individual  may
    3  make a donation conditioned upon the race, color, creed, national origin
    4  or  religious  affiliation  of  the  recipient,  and  no hospital, organ
    5  procurement organization, tissue bank, physician or  other  professional
    6  may participate in the performance of any procedure or otherwise facili-
    7  tate the donation and/or transfer of organs and/or tissue conditioned on
    8  such factors.
    9    3. FOR PURPOSES OF THIS SECTION:
   10    (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
   11  ING, RECEIVING, OR OTHERWISE TRANSFERRING;
   12    (B) THE TERM "HUMAN ORGAN" MEANS THE HUMAN KIDNEY, LIVER, HEART, LUNG,
   13  BONE MARROW, AND ANY OTHER HUMAN ORGAN OR TISSUE AS MAY BE DESIGNATED BY
   14  THE  COMMISSIONER  BUT  SHALL  EXCLUDE BLOOD, AND OCULAR TISSUE WHICH IS
   15  RECOVERED BY LICENSED EYE BANK PERSONNEL;
   16    (C) THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE  REASONABLE
   17  PAYMENTS  ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION, IMPLANTATION,
   18  PROCESSING, PRESERVATION, QUALITY CONTROL, AND STORAGE OF A HUMAN  ORGAN
   19  OR THE EXPENSES OF TRAVEL, HOUSING, AND LOST WAGES INCURRED BY THE DONOR
   20  OF A HUMAN ORGAN IN CONNECTION WITH THE DONATION OF THE ORGAN OR REASON-
   21  ABLE  COMPENSATION  FOR RESTORATIVE WORK PERFORMED BY A LICENSED FUNERAL
   22  DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
   23    (D) THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN  THE
   24  DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
   25  FORTY-THREE HUNDRED OF THIS ARTICLE, BUT SHALL EXCLUDE BLOOD, AND OCULAR
   26  TISSUE WHICH IS RECOVERED BY LICENSED EYE BANK PERSONNEL  OR  ANY  OTHER
   27  ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
   28    4.  THE  COMMISSIONER SHALL PRESCRIBE RULES AND REGULATIONS CONCERNING
   29  PROCUREMENT OF HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A  MINIMUM  THAT
   30  (A)  ALL  PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY A FACILITY
   31  REGISTERED WITH THE DEPARTMENT TO UNDERTAKE SUCH  PROCUREMENT,  (B)  ALL
   32  FACILITIES  REGISTERED  FOR PROCUREMENT OF HUMAN BODY PARTS SHALL REPORT
   33  AND DOCUMENT THE PROCUREMENT OF EACH BODY PART TO THE  MEDICAL  EXAMINER
   34  OR  CORONER  OF  THE  COUNTY  WHERE  THE FACILITY IS LOCATED, AND (C) NO
   35  FUNERAL DIRECTOR, UNDERTAKER, REGISTERED RESIDENT, MORTUARY  STUDENT  OR
   36  REGISTERED  FUNERAL  HOME  OR  FACILITY  SHALL CONDUCT OR PARTICIPATE IN
   37  PROCUREMENT OF HUMAN BODY PARTS.
   38    S 2. This act shall take effect immediately.