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.
STATE OF NEW YORK
________________________________________________________________________
3101
2013-2014 Regular Sessions
IN ASSEMBLY
January 23, 2013
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Health
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 § 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
24 commissioner may adopt, with the advice and consent of the transplant
25 council, with respect to such conditional donations. No individual may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03082-01-3
A. 3101 2
1 make a donation conditioned upon the race, color, creed, national origin
2 or religious affiliation of the recipient, and no hospital, organ
3 procurement organization, tissue bank, physician or other professional
4 may participate in the performance of any procedure or otherwise facili-
5 tate the donation and/or transfer of organs and/or tissue conditioned on
6 such factors.
7 3. For purposes of this section:
8 (a) the term "procure" means and includes the act of knowingly acquir-
9 ing, receiving, or otherwise transferring;
10 (b) the term "human organ" means the human kidney, liver, heart, lung,
11 bone marrow, and any other human organ or tissue as may be designated by
12 the commissioner but shall exclude blood, and ocular tissue which is
13 recovered by licensed eye bank personnel;
14 (c) the term "valuable consideration" does not include the reasonable
15 payments associated with the removal, transportation, implantation,
16 processing, preservation, quality control, and storage of a human organ
17 or the expenses of travel, housing, and lost wages incurred by the donor
18 of a human organ in connection with the donation of the organ or reason-
19 able compensation for restorative work performed by a licensed funeral
20 director in connection with procurement of a human organ;
21 (d) the term "body part" means and includes the terms included in the
22 definition of body part pursuant to subdivision five of section forty-
23 three hundred of this article, but shall exclude blood, and ocular
24 tissue which is recovered by licensed eye bank personnel or any other
25 element as the commissioner may deem necessary.
26 4. The commissioner shall prescribe rules and regulations concerning
27 procurement of human body parts, which shall require at a minimum that
28 (a) all procurement of such body parts be performed only by a facility
29 registered with the department to undertake such procurement, (b) all
30 facilities registered for procurement of human body parts shall document
31 the procurement of each body part, retain such documentation for a mini-
32 mum of six years from the date of the procurement, and produce such
33 documentation upon request by the department or by any police officer
34 acting in his or her official capacity, and (c) no funeral director,
35 undertaker, registered resident, mortuary student or registered funeral
36 home or facility shall conduct or participate in procurement of human
37 body parts.
38 § 2. This act shall take effect on the one hundred twentieth day after
39 it shall have become a law.
