BILL NO A01718
SAME AS No same as
SPONSOR Gunther (MS)
COSPNSR Titone, Gibson, Colton, Cook
MLTSPNSR Duprey, Ortiz
Add S4369, Pub Health L
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
1718
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. ORTIZ,
TITONE -- read once and referred 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.
LBD02450-01-3
A. 1718 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 CODES,
6 RULES AND REGULATIONS TITLE 10 SECTION 52-2.9. THE INFORMATION IN SUBDI-
7 VISION ONE OF THIS SECTION SHALL BE COLLECTED BY THE DEPARTMENT AS A
8 MEANS OF TRACKING DONATED TISSUE AND ORGANS. ANY IDENTIFYING INFORMA-
9 TION, SUCH AS THE DONOR'S NAME AND ADDRESS SHALL NOT BE DISCLOSED OR
10 RELEASED BY THE DEPARTMENT TO ANY PERSON OR ENTITY, EXCEPT UPON THE
11 WRITTEN CONSENT OF THE DONOR OR THE PERSON AUTHORIZED BY LAW TO MAKE
12 SUCH DONATION, OR TO AUTHORIZED EMPLOYEES OF THE DEPARTMENT, OR AS
13 PERMITTED BY LAW.
14 3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
15 FOR THE IMPLEMENTATION OF SUCH DATABASE ESTABLISHED PURSUANT TO THIS
16 SECTION.
17 4. THE DEPARTMENT SHALL DEVELOP A PROTOCOL TO PROVIDE NOTICE TO TISSUE
18 OR ORGAN RECIPIENTS, IF IT IS DETERMINED THAT SUCH TISSUE OR ORGANS HAVE
19 BEEN PROCURED FROM A DONOR WHO HAS OR HAD AN INFECTIOUS, CONTAGIOUS OR
20 COMMUNICABLE DISEASE OR CANCER.
21 S 2. This act shall take effect immediately; provided, however, that
22 within one year of the effective date of this act, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act are authorized and directed to be made and completed.
