Bill Text: NY S07945 | 2015-2016 | 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: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to health [S07945 Detail]

Download: New_York-2015-S07945-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7945
                    IN SENATE
                                      May 27, 2016
                                       ___________
        Introduced  by Sens. HANNON, FLANAGAN -- 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
    24  December  thirty-first,  nineteen hundred ninety-six. Vacancies shall be
    25  filled by appointment in like manner for  the  unexpired  term  of  such
    26  member.
    27    3. The transplant council shall meet as frequently as its business may
    28  require, and at least twice in each year.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15622-01-6
        S. 7945                             2
     1    4.  The transplant council shall enact and from time to time may amend
     2  by-laws in relation to its meetings and the transaction of its business.
     3    5.  A  majority  of  the appointed voting membership of the transplant
     4  council shall constitute a quorum.
     5    6. The members of the council shall receive no compensation for  their
     6  services  as  members  of the council, but each of them shall be allowed
     7  the necessary and actual expenses which are incurred in the  performance
     8  of his or her duties under this article.
     9    [6.]  7.  (a) The transplant council shall review existing federal law
    10  and policies, including federal regulations  and  the  policies  of  the
    11  federal  organ  procurement  and transplantation network governing organ
    12  procurement organizations and procurement activities, and make recommen-
    13  dations annually to the commissioner regarding state regulation of organ
    14  donation procurement organizations and activities and tissue  banks  and
    15  tissue  procurement  activities  [provided  that  the council shall make
    16  initial recommendations to the commissioner on or  before  April  first,
    17  nineteen hundred ninety-two] and transplantation.
    18    (b)  Prior  to  the  commissioner's final approval and promulgation of
    19  [such] proposed  rules  and  regulations  relating  to  organ  donation,
    20  procurement  and/or  transplantation,  if such rules and regulations are
    21  modified in any respect, they shall  be  submitted  to  the  council  in
    22  accordance  with  the  provisions of subdivision three of section forty-
    23  three hundred sixty-five of this article. If the commissioner determines
    24  not to promulgate or  amend  such  proposed  rules  and  regulations  as
    25  proposed by the council, the commissioner shall provide a written expla-
    26  nation of such determination to the council.
    27    § 2. This act shall take effect immediately.