senate Bill S2235

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

  • 15 / Jan / 2013
    • REFERRED TO HEALTH
  • 30 / Apr / 2013
    • 1ST REPORT CAL.476
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • PASSED SENATE
  • 07 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 27 / Feb / 2014
    • REPORTED AND COMMITTED TO CODES

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:
A3101
Versions:
S2235
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2147B, A6207B
2009-2010: S2187, A433
2007-2008: A10368

Sponsor Memo

BILL NUMBER:S2235

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.

EXISTING LAW: Current law prohibits the sale of human organs, but not
human 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: 2011-2012: S.2147B - Committed to Rules 06/21/12
2009-10: S.2187 - Referred to Health 2007-08: S.209 - Referred to
Health, Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: 120th day after it shall have become a law.

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

                                  2235

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
council,  with  respect to such conditional donations. No individual may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03082-01-3

S. 2235                             2

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 DOCUMENT
THE PROCUREMENT OF EACH BODY PART, RETAIN SUCH DOCUMENTATION FOR A MINI-
MUM  OF  SIX  YEARS  FROM  THE DATE OF THE PROCUREMENT, AND PRODUCE SUCH
DOCUMENTATION UPON REQUEST BY THE DEPARTMENT OR BY  ANY  POLICE  OFFICER
ACTING  IN  HIS  OR  HER OFFICIAL CAPACITY, 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 on the one hundred twentieth day after
it shall have become a law.

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