Bill Text: NY S01638 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires the procurement of body parts be performed only at registered facilities and such facilities shall document any procurements and retain such documentation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S01638 Detail]

Download: New_York-2017-S01638-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1638
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- 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  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.
                                                                   LBD01731-01-7
        S. 1638                             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.