| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to health |
| Feb 13, 2009 |
referred to health |
Senate Bill S2187
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health Committee
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C) Senate District
(R, C, Ind, WF) Senate District
2009-S2187 (ACTIVE) - Details
2009-S2187 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2187
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
2009-S2187 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2187
2009-2010 Regular Sessions
I N S E N A T E
February 13, 2009
___________
Introduced by Sens. GOLDEN, DeFRANCISCO, O. JOHNSON, LARKIN, MORAHAN --
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 346 of the laws of 2006, 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 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01012-01-9
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