S T A T E O F N E W Y O R K
________________________________________________________________________
388
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to the creation of a
state-wide database of all donations of tissue or non-transplant
organs procured by an organ procurement organization or a procurement
organization
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4369 to read as follows:
S 4369. STATE-WIDE DATABASE OF DONATIONS OF TISSUE OR NON-TRANSPLANT
ORGANS. 1. THE DEPARTMENT SHALL ESTABLISH A STATE-WIDE DATABASE OF ALL
DONATIONS OF TISSUE OR NON-TRANSPLANT ORGANS PROCURED BY AN ORGAN
PROCUREMENT ORGANIZATION OR A PROCUREMENT ORGANIZATION. SUCH DATA SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) THE DONOR'S FULL NAME, ADDRESS AT THE TIME OF DONATION, IDENTIFI-
CATION CODE, DATE OF BIRTH OR AGE AND DATE AND TIME OF DEATH, IF A
CADAVERIC DONOR;
(B) DOCUMENTATION OF EVALUATION OF PHYSICAL CONDITION, OF CADAVERIC
DONOR;
(C) COMPLETE MEDICAL HISTORY OF THE DONOR, INCLUDING BUT NOT LIMITED
TO, ANY TESTING OR MEDICAL RECORDS INDICATING A COMMUNICABLE DISEASE OR
CANCER, AUTOPSY REPORTS, DONATION QUESTIONNAIRES AND OTHER DONOR SOLIC-
ITATION MATERIALS;
(D) DOCUMENTATION OF INFORMED CONSENT OR CONSENT OF THE PERSON AUTHOR-
IZED BY LAW TO CONSENT TO THE DONATION;
(E) DATE AND TIME OF THE COLLECTION, WHERE THE PROCUREMENT OCCURRED
AND THE DESCRIPTION AND QUANTITY OF THE TISSUE COLLECTED;
(F) NAME AND ADDRESS OF THE RECIPIENT OF THE TISSUE OR ORGAN; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01789-01-9
A. 388 2
(G) THE OUTCOME OF THE TRANSPLANTATION, TRANSFER AND IMPLEMENTATION
PROCEDURES, AND ANY REPORTS WHICH WOULD AFFECT THE DONOR'S ACCEPTABIL-
ITY.
2. THE INFORMATION REQUIRED TO BE KEPT IN THIS DATABASE SHALL IN NO
WAY PREEMPT THE RECORDING REQUIREMENTS DESCRIBED IN THE NEW YORK CODE
AND REGULATIONS 52-2.9. THE INFORMATION IN SUBDIVISION ONE OF THIS
SECTION SHALL BE COLLECTED BY THE DEPARTMENT AS A MEANS OF TRACKING
DONATED TISSUE AND ORGANS. ANY IDENTIFYING INFORMATION, SUCH AS THE
DONOR'S NAME AND ADDRESS SHALL NOT BE DISCLOSED OR RELEASED BY THE
DEPARTMENT TO ANY PERSON OR ENTITY, EXCEPT UPON THE WRITTEN CONSENT OF
THE DONOR OR THE PERSON AUTHORIZED BY LAW TO MAKE SUCH DONATION, OR TO
AUTHORIZED EMPLOYEES OF THE DEPARTMENT, OR AS PERMITTED BY LAW.
3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
FOR THE IMPLEMENTATION OF SUCH DATABASE ESTABLISHED PURSUANT TO THIS
SECTION.
4. THE DEPARTMENT SHALL DEVELOP A PROTOCOL TO PROVIDE NOTICE TO TISSUE
OR ORGAN RECIPIENTS, IF IT IS DETERMINED THAT SUCH TISSUE OR ORGANS HAVE
BEEN PROCURED FROM A DONOR WHO HAS OR HAD AN INFECTIOUS, CONTAGIOUS OR
COMMUNICABLE DISEASE OR CANCER.
S 2. This act shall take effect immediately; provided, however, that
within one year of the effective date of this act, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act are authorized and directed to be made and completed.