Bill Text: NY S06043 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 6043 (Prior Session Legislation)

Introduced

Bill Title: Relates to prohibiting the valuable consideration for the donation of human organs.

Sponsorship: Partisan Bill (Republican 6)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S06043 Detail]

Download: New_York-2015-S06043-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6043
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   September 9, 2015
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT to amend the public health law, in relation  to  prohibiting  the
         valuable consideration for the donation of human organs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The section heading and subdivision 1 of  section  4307  of
    2  the  public  health  law, as amended by chapter 362 of the laws of 2009,
    3  are amended to read as follows:
    4    Prohibition of [sales and purchases] VALUABLE  CONSIDERATION  FOR  THE
    5  DONATION  of  human  organs.  1.  It shall be unlawful for any person to
    6  knowingly acquire, receive, or otherwise transfer for valuable consider-
    7  ation any human organ (INCLUDING FETAL) for ANY PURPOSE,  INCLUDING  use
    8  in  human transplantation AND SCIENTIFIC RESEARCH.  The term human organ
    9  means the human (INCLUDING  FETAL)  kidney,  liver,  heart,  lung,  bone
   10  marrow,  and  any  other  human  organ or ANY SUBPART THEREOF, INCLUDING
   11  tissue [as may be designated by the  commissioner],  but  shall  exclude
   12  blood. The term "valuable consideration" does not include the reasonable
   13  payments  associated  with  the  removal,  transportation, implantation,
   14  processing, preservation, quality control, and storage of a human  organ
   15  or the expenses of travel, housing, and lost wages incurred by the donor
   16  of  a  human  organ  in  connection  with  the  donation  of  the organ.
   17  REIMBURSEMENT MAY BE PROVIDED FOR REASONABLE MEDICAL  EXPENSES  INCURRED
   18  BY  ANY  ORGAN DONOR WHO BECOMES ILL AS A DIRECT RESULT OF THE DONATION.
   19  Any person who violates this section shall be guilty of a class E  felo-
   20  ny.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11924-01-5