Bill Text: NY S00793 | 2009-2010 | General Assembly | Introduced

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Bill Title: Creates a state-wide database of all donations of tissue or non-transplant organs procured by an organ procurement organization or a procurement organization; provides that such data shall include, but not be limited to: the donor's full name, address at the time of donation, identification code, date of birth or age and date and time of death, if a cadaveric donor; documentation of evaluation of physical condition, of cadaveric donor; complete medical history of the donor, including but not limited to, any testing or medical records indicating a communicable disease or cancer, autopsy reports, donation questionnaires and other donor solicitation materials; documentation of informed consent or consent of the person authorized by law to consent to the donation; date and time of the collection, where the procurement occurred and the description and quantity of the tissue collected; name and address of the recipient of the tissue or organ; and the outcome of the transplantation, transfer and implementation procedures, and any reports which would affect the donor's acceptability; authorizes the promulgation of necessary rules and regulations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S00793 Detail]

Download: New_York-2009-S00793-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          793
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2009
                                      ___________
       Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to the creation of  a
         state-wide  database  of  all  donations  of  tissue or non-transplant
         organs procured by an organ procurement organization or a  procurement
         organization
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  4369 to read as follows:
    3    S  4369.  STATE-WIDE DATABASE OF DONATIONS OF TISSUE OR NON-TRANSPLANT
    4  ORGANS. 1. THE DEPARTMENT SHALL ESTABLISH A STATE-WIDE DATABASE  OF  ALL
    5  DONATIONS  OF  TISSUE  OR  NON-TRANSPLANT  ORGANS  PROCURED  BY AN ORGAN
    6  PROCUREMENT ORGANIZATION OR A PROCUREMENT ORGANIZATION. SUCH DATA  SHALL
    7  INCLUDE, BUT NOT BE LIMITED TO:
    8    (A)  THE DONOR'S FULL NAME, ADDRESS AT THE TIME OF DONATION, IDENTIFI-
    9  CATION CODE, DATE OF BIRTH OR AGE AND DATE  AND  TIME  OF  DEATH,  IF  A
   10  CADAVERIC DONOR;
   11    (B)  DOCUMENTATION  OF  EVALUATION OF PHYSICAL CONDITION, OF CADAVERIC
   12  DONOR;
   13    (C) COMPLETE MEDICAL HISTORY OF THE DONOR, INCLUDING BUT  NOT  LIMITED
   14  TO,  ANY TESTING OR MEDICAL RECORDS INDICATING A COMMUNICABLE DISEASE OR
   15  CANCER, AUTOPSY REPORTS, DONATION QUESTIONNAIRES AND OTHER DONOR  SOLIC-
   16  ITATION MATERIALS;
   17    (D) DOCUMENTATION OF INFORMED CONSENT OR CONSENT OF THE PERSON AUTHOR-
   18  IZED BY LAW TO CONSENT TO THE DONATION;
   19    (E)  DATE  AND  TIME OF THE COLLECTION, WHERE THE PROCUREMENT OCCURRED
   20  AND THE DESCRIPTION AND QUANTITY OF THE TISSUE COLLECTED;
   21    (F) NAME AND ADDRESS OF THE RECIPIENT OF THE TISSUE OR ORGAN; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01789-01-9
       S. 793                              2
    1    (G) THE OUTCOME OF THE TRANSPLANTATION,  TRANSFER  AND  IMPLEMENTATION
    2  PROCEDURES,  AND  ANY REPORTS WHICH WOULD AFFECT THE DONOR'S ACCEPTABIL-
    3  ITY.
    4    2.  THE  INFORMATION  REQUIRED TO BE KEPT IN THIS DATABASE SHALL IN NO
    5  WAY PREEMPT THE RECORDING REQUIREMENTS DESCRIBED IN THE  NEW  YORK  CODE
    6  AND  REGULATIONS  52-2.9.  THE  INFORMATION  IN  SUBDIVISION ONE OF THIS
    7  SECTION SHALL BE COLLECTED BY THE DEPARTMENT  AS  A  MEANS  OF  TRACKING
    8  DONATED  TISSUE  AND  ORGANS.  ANY  IDENTIFYING INFORMATION, SUCH AS THE
    9  DONOR'S NAME AND ADDRESS SHALL NOT  BE  DISCLOSED  OR  RELEASED  BY  THE
   10  DEPARTMENT  TO  ANY PERSON OR ENTITY, EXCEPT UPON THE WRITTEN CONSENT OF
   11  THE DONOR OR THE PERSON AUTHORIZED BY LAW TO MAKE SUCH DONATION,  OR  TO
   12  AUTHORIZED EMPLOYEES OF THE DEPARTMENT, OR AS PERMITTED BY LAW.
   13    3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
   14  FOR  THE  IMPLEMENTATION  OF  SUCH DATABASE ESTABLISHED PURSUANT TO THIS
   15  SECTION.
   16    4. THE DEPARTMENT SHALL DEVELOP A PROTOCOL TO PROVIDE NOTICE TO TISSUE
   17  OR ORGAN RECIPIENTS, IF IT IS DETERMINED THAT SUCH TISSUE OR ORGANS HAVE
   18  BEEN PROCURED FROM A DONOR WHO HAS OR HAD AN INFECTIOUS,  CONTAGIOUS  OR
   19  COMMUNICABLE DISEASE OR CANCER.
   20    S  2.  This act shall take effect immediately; provided, however, that
   21  within one year of the effective date of this act, the addition,  amend-
   22  ment and/or repeal of any rule or regulation necessary for the implemen-
   23  tation of this act are authorized and directed to be made and completed.