S T A T E O F N E W Y O R K
________________________________________________________________________
5023
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. WEISEN-
BERG -- read once and referred to the Committee on Transportation
AN ACT to amend the transportation law, in relation to identification of
vehicles carrying contaminated blood and other blood
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new section
14-n to read as follows:
S 14-N. TRANSPORTATION OF CONTAMINATED BLOOD. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION:
(A) "VEHICLE" SHALL MEAN EVERY DEVICE IN WHICH PROPERTY MAY BE TRANS-
PORTED UPON A HIGHWAY, STATIONARY RAILS OR TRACKS, OR ON THE NAVIGABLE
WATERWAYS OF THE STATE.
(B) "BLOOD" SHALL MEAN HUMAN BLOOD AND PRODUCTS OF BLOOD, INCLUDING
SERUM, PLASMA, AND OTHER BLOOD COMPONENTS.
2. VEHICLES CARRYING ANY QUANTITY OF BLOOD WHICH IS KNOWN TO BE A
REGULATED MEDICAL WASTE AS DEFINED IN SECTION 27-1501 OF THE ENVIRON-
MENTAL CONSERVATION LAW SHALL HAVE CONSPICUOUS MARKINGS INDICATING THAT
THEY ARE TRANSPORTING SUCH WASTES. THE NATURE OF THE MARKINGS REQUIRED
SHALL BE SPECIFIED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH THE COMMISSIONER. SUCH
REGULATIONS SHALL PERMIT THE USE OF MAGNETIC OR OTHER SUITABLE, REMOVA-
BLE MARKINGS AND THE REMOVAL OF SUCH MARKINGS WHEN THE VEHICLE IS NOT
CARRYING SUCH BLOOD.
3. VEHICLES CARRYING BLOOD WHICH HAS NOT BEEN TESTED TO DETERMINE IF
IT IS A REGULATED MEDICAL WASTE OR WHICH IS NOT KNOWN TO BE A REGULATED
MEDICAL WASTE SHALL HAVE A CONSPICUOUS MARKING ON THE VEHICLE INDICATING
THAT THERE IS BLOOD ON BOARD OR, IF THE TOTAL QUANTITY OF BLOOD IS LESS
THAN ONE POUND, SHALL TRANSPORT SUCH BLOOD IN A CONTAINER WITH A
CONSPICUOUS MARKING INDICATING THAT THE CONTENTS OF SUCH CONTAINER IS
BLOOD WHICH HAS NOT BEEN TESTED. THE NATURE OF THE MARKING REQUIRED
SHALL BE SPECIFIED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH THE COMMISSIONER. SUCH
REGULATIONS SHALL PROVIDE FOR SUFFICIENT MARKINGS TO INDICATE THAT SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08190-01-9
A. 5023 2
VEHICLE IS TRANSPORTING BLOOD AND SHALL PERMIT THE USE OF MAGNETIC OR
OTHER SUITABLE, REMOVABLE MARKINGS AND THE REMOVAL OF SUCH MARKINGS WHEN
THE VEHICLE IS NOT CARRYING SUCH BLOOD. VEHICLES OWNED AND OPERATED BY
ANY ORGANIZATION WHICH AS A REGULAR PART OF ITS BUSINESS TRANSPORTS
BLOOD, INCLUDING BUT NOT LIMITED TO THE AMERICAN RED CROSS, THE CHAPTERS
THEREOF, OR THE GREATER NEW YORK BLOOD PROGRAM, INC., WHICH ARE CLEARLY
AND CONSPICUOUSLY MARKED AS BELONGING TO SUCH ORGANIZATIONS AND WHICH
GIVE SUITABLE NOTICE THAT THE VEHICLE IS TRANSPORTING BLOOD, SHALL BE
DEEMED TO BE IN COMPLIANCE WITH THIS SUBDIVISION.
4. VEHICLES CARRYING BLOOD WHICH HAS BEEN TESTED AND FOUND NOT TO BE A
REGULATED MEDICAL WASTE AND SUITABLE FOR USE IN A MEDICAL PROCEDURE
SHALL CARRY, IN THE SAME COMPARTMENT AS THE DRIVER, A MANIFEST, OR OTHER
DOCUMENT REQUIRED BY REGULATIONS OF THE DEPARTMENT OF HEALTH, WHICH
INDICATES THAT SAID BLOOD HAS BEEN DETERMINED NOT TO BE A REGULATED
MEDICAL WASTE, THE QUANTITY OF BLOOD ON BOARD, AND THAT IT HAS BEEN
DETERMINED NOT TO BE A REGULATED MEDICAL WASTE. A COPY OF SUCH MANIFEST
OR DOCUMENT SHALL BE MAINTAINED FIFTEEN DAYS OR LONGER, AS REQUIRED BY
REGULATIONS OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AT A
POINT OF ORIGIN FOR THE BLOOD. THE FORM OF SUCH MANIFEST AND THE MANNER
IN WHICH IT IS CARRIED SHALL BE PRESCRIBED BY REGULATION OF SUCH COMMIS-
SIONER IN CONSULTATION WITH THE COMMISSIONER. VEHICLES IN COMPLIANCE
WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH WITH RESPECT TO
THE TRANSPORTATION OF SUCH BLOOD SHALL BE DEEMED IN COMPLIANCE WITH THIS
SUBDIVISION WHEN A COPY OF SUCH DOCUMENTATION, INDICATING THE BLOOD HAS
BEEN DETERMINED NOT TO BE A REGULATED MEDICAL WASTE, IS CARRIED IN THE
SAME COMPARTMENT AS THE DRIVER OF THE VEHICLE.
5. WHERE TRANSPORTATION OF BLOOD IN A MANNER NOT APPROVED BY THIS
SECTION IS NECESSARY TO MEET A MEDICAL EMERGENCY, AS DEFINED BY REGU-
LATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH, SUCH TRANSPORTATION
SHALL NOT BE A VIOLATION SUBJECT TO THE PENALTIES OF SUBDIVISION SIX OF
THIS SECTION.
6. (A) ANY PERSON WHO OWNS AND OPERATES A VEHICLE ENGAGED IN THE
TRANSPORTATION OF BLOOD OR WHO DIRECTS ANOTHER PERSON TO ENGAGE IN THE
TRANSPORTATION OF BLOOD AND WHO VIOLATES OR CAUSES ANOTHER TO VIOLATE
THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF
NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND
DOLLARS FOR THE FIRST VIOLATION, AND SHALL BE SUBJECT TO A CIVIL PENALTY
OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND FIVE
HUNDRED DOLLARS FOR A SUBSEQUENT VIOLATION.
(B) ANY PERSON WHO OWNS AND OPERATES A VEHICLE ENGAGED IN THE TRANS-
PORTATION OF BLOOD OR WHO DIRECTS ANOTHER PERSON TO ENGAGE IN THE TRANS-
PORTATION OF BLOOD AND WHO WILLFULLY VIOLATES OR WILLFULLY CAUSES ANOTH-
ER TO VIOLATE THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS
B MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR A TERM NOT TO EXCEED NINETY
DAYS IN ADDITION TO ANY OTHER PENALTIES FOR VIOLATION OF THIS SECTION.
7. WITH RESPECT TO THE TRANSPORTATION OF BLOOD KNOWN TO BE A REGULATED
MEDICAL WASTE, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE OR
AFFECT THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR LOCAL ORDI-
NANCE, REGULATION, OR RESOLUTION WHICH ARE MORE RESTRICTIVE THAN, OR
WHICH SUPERSEDE, THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner of
environmental conservation and the commissioner of health shall
severally promulgate the rules and regulations necessary to effectuate
the provisions of this act prior to such effective date.