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--B
                              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 --
         again reported from said committee with amendments, 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05136-05-2
       A. 6207--B                          2
    1  and  transplant  are performed in accordance with other applicable laws,
    2  rules and regulations, including any specific rules and regulations  the
    3  commissioner  may  adopt,  with the advice and consent of the transplant
    4  council,  with  respect to such conditional donations. No individual may
    5  make a donation conditioned upon the race, color, creed, national origin
    6  or religious affiliation  of  the  recipient,  and  no  hospital,  organ
    7  procurement  organization,  tissue bank, physician or other professional
    8  may participate in the performance of any procedure or otherwise facili-
    9  tate the donation and/or transfer of organs and/or tissue conditioned on
   10  such factors.
   11    3. FOR PURPOSES OF THIS SECTION:
   12    (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
   13  ING, RECEIVING, OR OTHERWISE TRANSFERRING;
   14    (B) THE TERM "HUMAN ORGAN" MEANS THE HUMAN KIDNEY, LIVER, HEART, LUNG,
   15  BONE MARROW, AND ANY OTHER HUMAN ORGAN OR TISSUE AS MAY BE DESIGNATED BY
   16  THE COMMISSIONER BUT SHALL EXCLUDE BLOOD, AND  OCULAR  TISSUE  WHICH  IS
   17  RECOVERED BY LICENSED EYE BANK PERSONNEL;
   18    (C)  THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE REASONABLE
   19  PAYMENTS ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION,  IMPLANTATION,
   20  PROCESSING,  PRESERVATION, QUALITY CONTROL, AND STORAGE OF A HUMAN ORGAN
   21  OR THE EXPENSES OF TRAVEL, HOUSING, AND LOST WAGES INCURRED BY THE DONOR
   22  OF A HUMAN ORGAN IN CONNECTION WITH THE DONATION OF THE ORGAN OR REASON-
   23  ABLE COMPENSATION FOR RESTORATIVE WORK PERFORMED BY A  LICENSED  FUNERAL
   24  DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
   25    (D)  THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN THE
   26  DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
   27  FORTY-THREE HUNDRED OF THIS ARTICLE, BUT SHALL EXCLUDE BLOOD, AND OCULAR
   28  TISSUE  WHICH  IS  RECOVERED BY LICENSED EYE BANK PERSONNEL OR ANY OTHER
   29  ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
   30    4. THE COMMISSIONER SHALL PRESCRIBE RULES AND  REGULATIONS  CONCERNING
   31  PROCUREMENT  OF  HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A MINIMUM THAT
   32  (A) ALL PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY  A  FACILITY
   33  REGISTERED  WITH  THE  DEPARTMENT TO UNDERTAKE SUCH PROCUREMENT, (B) ALL
   34  FACILITIES REGISTERED FOR PROCUREMENT OF HUMAN BODY PARTS SHALL DOCUMENT
   35  THE PROCUREMENT OF EACH BODY PART, RETAIN SUCH DOCUMENTATION FOR A MINI-
   36  MUM OF SIX YEARS FROM THE DATE OF  THE  PROCUREMENT,  AND  PRODUCE  SUCH
   37  DOCUMENTATION  UPON  REQUEST  BY THE DEPARTMENT OR BY ANY POLICE OFFICER
   38  ACTING IN HIS OR HER OFFICIAL CAPACITY, AND  (C)  NO  FUNERAL  DIRECTOR,
   39  UNDERTAKER,  REGISTERED RESIDENT, MORTUARY STUDENT OR REGISTERED FUNERAL
   40  HOME OR FACILITY SHALL CONDUCT OR PARTICIPATE IN  PROCUREMENT  OF  HUMAN
   41  BODY PARTS.
   42    S 2. This act shall take effect on the one hundred twentieth day after
   43  it shall have become a law.