Allows persons who have tested positive for HIV or AIDS to donate their organs to a person who has tested positive for exposure to HIV or any other causative agent of AIDS and he is in immediate threat of death unless such transplant is performed; sets forth definitions.
STATE OF NEW YORK
________________________________________________________________________
4846
2009-2010 Regular Sessions
IN SENATE
April 27, 2009
___________
Introduced by Sen. DUANE -- 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 allowing persons
who have tested positive for HIV or AIDS to donate organs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4360 of the public health law is amended by adding
2 four new subdivisions 11, 12, 13 and 14 to read as follows:
3 11. "HIV infected donor" means a deceased donor who was infected with
4 HIV or a living donor known to be infected with HIV and who is willing
5 to donate a part of one or more of his or her organs. A determination of
6 the donor's HIV infection shall be made by the donor's medical history
7 or by specific HIV related tests.
8 12. "AIDS" means acquired immune deficiency syndrome, as may be
9 defined from time to time by the centers for disease control of the
10 United States public health service.
11 13. "HIV infection" means infection with the human immunodeficiency
12 virus or any other related virus identified as a probable causative
13 agent of AIDS.
14 14. "HIV related test" means any laboratory test or series of tests of
15 any virus, antibody, antigen or etiologic agent whatsoever thought to
16 cause or to indicate the presence of AIDS.
17 § 2. The public health law is amended by adding a new section 4363-a
18 to read as follows:
19 § 4363-a. Organ donation; HIV or AIDS. 1. It shall be lawful for a
20 person to perform a solid organ transplant of an organ from an HIV
21 infected donor to a person who has tested positive for exposure to HIV
22 or any other identified causative agent of AIDS and who is in immediate
23 threat of death unless the transplant is performed. A tissue bank that
24 provides an organ from an HIV infected donor under this section may not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01333-01-9
S. 4846 2
1 be criminally or civilly liable for the furnishing of such organ under
2 this section.
3 2. For the purposes of this section, "solid organ transplant" shall
4 mean the surgical transplantation of an organ, as such term is defined
5 in subdivision four of section forty-three hundred sixty of this arti-
6 cle. Solid organ transplant shall not include a bone marrow based trans-
7 plant or a blood transfusion.
8 § 3. This act shall take effect immediately.
