Bill Text: NY S02495 | 2017-2018 | General Assembly | Introduced

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Bill Title: Grants the transplant council the power to make recommendations to the commissioner of health relating to organ donation, transplantation, procurement organizations, banks and storage; requires the council to make such recommendations annually.

Spectrum: Slight Partisan Bill (Republican 15-6)

Status: (Passed) 2017-05-12 - SIGNED CHAP.26 [S02495 Detail]

Download: New_York-2017-S02495-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2495
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sens.  HANNON,  AKSHAR,  AVELLA,  CARLUCCI, DeFRANCISCO,
          FUNKE, GALLIVAN, GOLDEN, MARCHIONE, ORTT, RANZENHOFER, SERINO, SEWARD,
          YOUNG -- 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 the transplant
          council
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 4361 of the public health law, as added by chapter
     2  589 of the laws of 1990, is amended to read as follows:
     3    § 4361. Transplant council. 1. There shall be created in  the  depart-
     4  ment a transplant council which shall advise and make recommendations to
     5  the  commissioner  on  matters  relating  to organ donation, procurement
     6  organizations, banks, and storage facilities and other issues related to
     7  the donation, procurement, storage, allocation, distribution, and trans-
     8  plantation of organs and tissue. The council shall consist of twenty-one
     9  members of which seven, including the chairperson, shall be appointed by
    10  the governor, seven by the temporary president of the senate  and  seven
    11  by the speaker of the assembly. The transplant council shall be composed
    12  of  members  of  the  general public, transplant recipients or donors or
    13  their family members, representatives of organ procurement organizations
    14  and banks or storage facilities, physicians with expertise in organ  and
    15  tissue  transplantation  and  the care of persons with end stage disease
    16  resulting from organ failure and persons with expertise in histocompati-
    17  bility typing, law and ethics.
    18    2. The terms of office of members of the transplant council  shall  be
    19  three  years,  provided,  however,  that  of the members first appointed
    20  seven shall be appointed for terms which shall expire on December  thir-
    21  ty-first,  nineteen  hundred  ninety-two,  seven  shall be appointed for
    22  terms which shall expire  on  December  thirty-first,  nineteen  hundred
    23  ninety-four  and  seven  shall be appointed for terms which shall expire
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04491-01-7
        S. 2495                             2
     1  December thirty-first, nineteen hundred ninety-six. Vacancies  shall  be
     2  filled  by  appointment  in  like  manner for the unexpired term of such
     3  member.
     4    3. The transplant council shall meet as frequently as its business may
     5  require, and at least twice in each year.
     6    4.  The transplant council shall enact and from time to time may amend
     7  by-laws in relation to its meetings and the transaction of its business.
     8    5. A majority of the appointed voting  membership  of  the  transplant
     9  council shall constitute a quorum.
    10    6.  The members of the council shall receive no compensation for their
    11  services as members of the council, but each of them  shall  be  allowed
    12  the  necessary and actual expenses which are incurred in the performance
    13  of his or her duties under this article.
    14    [6.] 7. (a) The transplant council shall review existing  federal  law
    15  and  policies,  including  federal  regulations  and the policies of the
    16  federal organ procurement and transplantation  network  governing  organ
    17  procurement organizations and procurement activities, and make recommen-
    18  dations annually to the commissioner regarding state regulation of organ
    19  donation  procurement  organizations and activities and tissue banks and
    20  tissue procurement activities [provided  that  the  council  shall  make
    21  initial  recommendations  to  the commissioner on or before April first,
    22  nineteen hundred ninety-two] and transplantation.
    23    (b) Prior to the commissioner's final  approval  and  promulgation  of
    24  [such]  proposed  rules  and  regulations  relating  to  organ donation,
    25  procurement and/or transplantation, if such rules  and  regulations  are
    26  modified  in  any  respect,  they  shall  be submitted to the council in
    27  accordance with the provisions of subdivision three  of  section  forty-
    28  three hundred sixty-five of this article. If the commissioner determines
    29  not  to  promulgate  or  amend  such  proposed  rules and regulations as
    30  proposed by the council, the commissioner shall provide a written expla-
    31  nation of such determination to the council.
    32    § 2. This act shall take effect immediately.