Provides that tissue or non-transplant organs from cadaveric donors shall be procured only in a hospital, morgue or other facility licensed for the purpose of tissue or organ procurement.
STATE OF NEW YORK
________________________________________________________________________
386
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the procurement of
tissue or non-transplant organs from cadaveric donors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 4364 of the public health law, as
2 added by chapter 589 of the laws of 1990, is amended to read as follows:
3 5. No hospital or other facility and no physician shall permit any
4 person to procure tissue or non-transplant organs unless such person has
5 been licensed in accordance with this article[, or has been asked by a
6 licensed bank or storage facility] to procure a specified tissue or
7 non-transplant organ. No bank or storage facility shall sell or other-
8 wise transfer tissue for valuable consideration. Valuable consideration
9 shall not include reasonable costs associated with the procurement,
10 processing, storage and distribution of tissue. Nothing herein shall
11 impair the provisions of section forty-three hundred seven of this chap-
12 ter.
13 § 2. The public health law is amended by adding a new section 4311 to
14 read as follows:
15 § 4311. Procurement of tissue or non-transplant organs from cadaveric
16 donors. Tissue or non-transplant organs from cadaveric donors shall be
17 procured only in a hospital, morgue or other facility licensed for the
18 purposes of tissue or organ procurement.
19 § 3. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law; provided, however, that effective immediate-
21 ly, the addition, amendment and/or repeal of any rule or regulation
22 necessary for the implementation of this act on its effective date are
23 authorized and directed to be made and completed on or before such
24 effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02607-01-9
