Senate Bill S2187

2009-2010 Legislative Session

Relates to the sale or purchase of human body parts

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2187 (ACTIVE) - Details

See Assembly Version of this Bill:
A433
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2147, A6207
2013-2014: S2235, A3101
2015-2016: S1705, A5654
2017-2018: S1638, A8343

2009-S2187 (ACTIVE) - 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.

2009-S2187 (ACTIVE) - Sponsor Memo

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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