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A01718 Summary:

BILL NO    A01718 

SAME AS    No same as 

SPONSOR    Gunther (MS)

COSPNSR    Titone, 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.
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A01718 Text:

                           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.
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