senate Bill S2147

Amended

Relates to the sale or purchase of human body parts

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Jan / 2011
    • REFERRED TO HEALTH
  • 12 / Apr / 2011
    • 1ST REPORT CAL.386
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO HEALTH
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 29 / Mar / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 29 / Mar / 2012
    • PRINT NUMBER 2147A
  • 15 / May / 2012
    • 1ST REPORT CAL.813
  • 16 / May / 2012
    • 2ND REPORT CAL.
  • 21 / May / 2012
    • ADVANCED TO THIRD READING
  • 22 / May / 2012
    • PASSED SENATE
  • 22 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2012
    • REFERRED TO HEALTH
  • 19 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 19 / Jun / 2012
    • RETURNED TO SENATE
  • 19 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 19 / Jun / 2012
    • AMENDED ON THIRD READING 2147B
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.

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Bill Details

See Assembly Version of this Bill:
A6207
Versions:
S2147
S2147A
S2147B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2187, A433
2007-2008: A10368

Sponsor Memo

BILL NUMBER:S2147

TITLE OF BILL:
An act
to amend the public health law, in relation to sales and purchases of
human organs

PURPOSE:
To address current shortcomings in the public Health law with
respect to the harvesting of body parte, specifically in the context
of non-organ tissue.

SUMMARY OF PROVISIONS:
Section one amends section 4307 of the public
health law to prohibit the sale of human organs and body parts.

JUSTIFICATION:
Amid scandals involving the illegal buying, selling and
distribution of human tissue by funeral homes and licensed
biomedical companies, deficiencies in current law with respect to
this area have become apparent. These scandals have involved funeral
homes removing tissue (e.g. skin, bone, organs and non-organ tissue)
from bodies before embalming or cremation without the permission of
the deceased's family. The tissue was then sold illegally to
biomedical companies who would then present it as legitimately
harvested tissue. In some instances, the ages of donors had been
changed and unscreened tissue taken from cancer patients had been
used in implant and replacement procedures.

Obviously, this practice most directly affected the families of the
deceased and the recipients of the tissue. The disregard of the
wellbeing of patient and lack of respect for the dead exhibited by
the perpetrators of these schemes is astonishing. This bill creates
stricter regulation of harvesting procedures, thereby reducing the
possibility that such an atrocity will ever happen again.

LEGISLATIVE HISTORY:
2007-08: S.209 - Referred to Health, Passed Senate
2009-10: S.2187 - Referred to Health

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2147

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  JOHNSON  -- 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:

  Section  1. Section 4307 of the public health law, as amended by chap-
ter 362 of the laws of 2009, is amended to read as follows:
  S 4307. Prohibition of sales and purchases of  human  organs  OR  BODY
PARTS.  1.  It  shall  be  unlawful for any person to knowingly acquire,
receive, or otherwise transfer  for  valuable  consideration  any  human
organ  for  use in human transplantation, OR TO PROCURE ANY BODY PART IN
VIOLATION OF THIS SECTION. [The term human organ means the human kidney,
liver, heart, lung, bone marrow, and any other human organ or tissue  as
may  be designated by the commissioner but shall exclude blood. The term
"valuable consideration" does not include the reasonable payments  asso-
ciated with the removal, transportation, implantation, processing, pres-
ervation,  quality control, and storage of a human organ or the expenses
of travel, housing, and lost wages incurred by  the  donor  of  a  human
organ  in  connection  with  the  donation of the organ.] Any person who
violates this section shall be guilty of  a  class  E  felony  FOR  EACH
INSTANCE OF SALE.
  2. For the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation
and  transplant  are performed in accordance with other applicable laws,
rules and regulations, including any specific rules and regulations  the
commissioner  may  adopt,  with the advice and consent of the transplant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-01-1

S. 2147                             2

council, with respect to such conditional donations. No  individual  may
make a donation conditioned upon the race, color, creed, national origin
or  religious  affiliation  of  the  recipient,  and  no hospital, organ
procurement  organization,  tissue bank, physician or other professional
may participate in the performance of any procedure or otherwise facili-
tate the donation and/or transfer of organs and/or tissue conditioned on
such factors.
  3. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
ING, RECEIVING, OR OTHERWISE TRANSFERRING;
  (B) THE TERM "HUMAN ORGAN" MEANS THE HUMAN KIDNEY, LIVER, HEART, LUNG,
BONE MARROW, AND ANY OTHER HUMAN ORGAN OR TISSUE AS MAY BE DESIGNATED BY
THE COMMISSIONER BUT SHALL EXCLUDE BLOOD;
  (C) THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE  REASONABLE
PAYMENTS  ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION, IMPLANTATION,
PROCESSING, PRESERVATION, QUALITY CONTROL, AND STORAGE OF A HUMAN  ORGAN
OR THE EXPENSES OF TRAVEL, HOUSING, AND LOST WAGES INCURRED BY THE DONOR
OF A HUMAN ORGAN IN CONNECTION WITH THE DONATION OF THE ORGAN OR REASON-
ABLE  COMPENSATION  FOR RESTORATIVE WORK PERFORMED BY A LICENSED FUNERAL
DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
  (D) THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN  THE
DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
FORTY-THREE HUNDRED OF THIS ARTICLE, BUT  SHALL  EXCLUDE  BLOOD  OR  ANY
OTHER ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
  4.  THE  COMMISSIONER SHALL PRESCRIBE RULES AND REGULATIONS CONCERNING
PROCUREMENT OF HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A  MINIMUM  THAT
(A)  ALL  PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY A FACILITY
REGISTERED WITH THE DEPARTMENT TO UNDERTAKE SUCH  PROCUREMENT,  (B)  ALL
FACILITIES  REGISTERED  FOR PROCUREMENT OF HUMAN BODY PARTS SHALL REPORT
AND DOCUMENT THE PROCUREMENT OF EACH BODY PART TO THE  MEDICAL  EXAMINER
OR  CORONER  OF  THE  COUNTY  WHERE  THE FACILITY IS LOCATED, AND (C) NO
FUNERAL DIRECTOR, UNDERTAKER, REGISTERED RESIDENT, MORTUARY  STUDENT  OR
REGISTERED  FUNERAL  HOME  OR  FACILITY  SHALL CONDUCT OR PARTICIPATE IN
PROCUREMENT OF HUMAN BODY PARTS.
  S 2. This act shall take effect immediately.

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