senate Bill S2147A

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

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 2009-2010 Legislative Cycle:
S2187

Sponsor Memo

BILL NUMBER:S2147A

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 parts, 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 other than blood and ocular tissue.

JUSTIFICATION:
Amid scandals involving the illegal buying, selling and distribution of
human tissue by funeral homes and licensed biomedical companies, defi-
ciencies 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 wellbe-
ing of patient and lack of respect for the dead exhibited by the perpe-
trators 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--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by Sens. GOLDEN, DeFRANCISCO, JOHNSON, LARKIN, LIBOUS, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- recommitted to the Committee on  Health  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-02-2

S. 2147--A                          2

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
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, AND  OCULAR  TISSUE  WHICH  IS
RECOVERED BY LICENSED EYE BANK PERSONNEL;
  (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, AND OCULAR
TISSUE  WHICH  IS  RECOVERED BY LICENSED EYE BANK PERSONNEL 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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