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Senate Bill S4846

2009-2010 Legislative Session

Allows persons who have tested positive for HIV or AIDS to donate organs

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S4846 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4360, add §4363-a, Pub Health L

2009-S4846 (ACTIVE) - Summary

Allows persons who have tested positive for HIV or AIDS to donate their organs to a person who has tested positive for exposure to HIV or any other causative agent of AIDS and he is in immediate threat of death unless such transplant is performed; sets forth definitions.

2009-S4846 (ACTIVE) - Sponsor Memo

2009-S4846 (ACTIVE) - Bill Text download pdf 

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

                                  4846

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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  allowing  persons
  who have tested positive for HIV or AIDS to donate organs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4360 of the public health law is amended by  adding
four new subdivisions 11, 12, 13 and 14 to read as follows:
  11.  "HIV INFECTED DONOR" MEANS A DECEASED DONOR WHO WAS INFECTED WITH
HIV OR A LIVING DONOR KNOWN TO BE INFECTED WITH HIV AND WHO  IS  WILLING
TO DONATE A PART OF ONE OR MORE OF HIS OR HER ORGANS. A DETERMINATION OF
THE  DONOR'S  HIV INFECTION SHALL BE MADE BY THE DONOR'S MEDICAL HISTORY
OR BY SPECIFIC HIV RELATED TESTS.
  12. "AIDS" MEANS  ACQUIRED  IMMUNE  DEFICIENCY  SYNDROME,  AS  MAY  BE
DEFINED  FROM  TIME  TO  TIME  BY THE CENTERS FOR DISEASE CONTROL OF THE
UNITED STATES PUBLIC HEALTH SERVICE.
  13. "HIV INFECTION" MEANS INFECTION WITH  THE  HUMAN  IMMUNODEFICIENCY
VIRUS  OR  ANY  OTHER  RELATED  VIRUS IDENTIFIED AS A PROBABLE CAUSATIVE
AGENT OF AIDS.
  14. "HIV RELATED TEST" MEANS ANY LABORATORY TEST OR SERIES OF TESTS OF
ANY VIRUS, ANTIBODY, ANTIGEN OR ETIOLOGIC AGENT  WHATSOEVER  THOUGHT  TO
CAUSE OR TO INDICATE THE PRESENCE OF AIDS.
  S  2.  The public health law is amended by adding a new section 4363-a
to read as follows:
  S 4363-A. ORGAN DONATION; HIV OR AIDS. 1. IT SHALL  BE  LAWFUL  FOR  A
PERSON  TO  PERFORM  A  SOLID  ORGAN  TRANSPLANT OF AN ORGAN FROM AN HIV
INFECTED DONOR TO A PERSON WHO HAS TESTED POSITIVE FOR EXPOSURE  TO  HIV
OR  ANY OTHER IDENTIFIED CAUSATIVE AGENT OF AIDS AND WHO IS IN IMMEDIATE
THREAT OF DEATH UNLESS THE TRANSPLANT IS PERFORMED. A TISSUE  BANK  THAT
PROVIDES  AN ORGAN FROM AN HIV INFECTED DONOR UNDER THIS SECTION MAY NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01333-01-9

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