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Assembly Bill A5937

2011-2012 Legislative Session

Provides that tissue or non-transplant organs from cadaveric donors shall be procured only in a hospital, morgue or other licensed facility

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Archive: Last Bill Status - In Assembly Committee

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2011-A5937 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4364, add §4311, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A386
2013-2014: A621

2011-A5937 (ACTIVE) - Summary

Provides that tissue or non-transplant organs from cadaveric donors shall be procured only in a hospital, morgue or other facility licensed for the purpose of tissue or organ procurement.

2011-A5937 (ACTIVE) - Bill Text download pdf 

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

                                  5937

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2011
                               ___________

Introduced by M. of A. BRONSON, STEVENSON -- Multi-Sponsored by -- M. of
  A. McENENY -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to the procurement of
  tissue or non-transplant organs from cadaveric donors

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

  Section 1. Subdivision 5 of section 4364 of the public health law,  as
added by chapter 589 of the laws of 1990, is amended to read as follows:
  5.  No  hospital  or  other facility and no physician shall permit any
person to procure tissue or non-transplant organs unless such person has
been licensed in accordance with this article[, or has been asked  by  a
licensed  bank  or  storage  facility]  to procure a specified tissue or
non-transplant organ. No bank or storage facility shall sell  or  other-
wise transfer tissue for valuable consideration.  Valuable consideration
shall  not  include  reasonable  costs  associated with the procurement,
processing, storage and distribution of tissue.   Nothing  herein  shall
impair the provisions of section forty-three hundred seven of this chap-
ter.
  S  2. The public health law is amended by adding a new section 4311 to
read as follows:
  S 4311. PROCUREMENT OF TISSUE OR NON-TRANSPLANT ORGANS FROM  CADAVERIC
DONORS.   TISSUE OR NON-TRANSPLANT ORGANS FROM CADAVERIC DONORS SHALL BE
PROCURED ONLY IN A HOSPITAL, MORGUE OR OTHER FACILITY LICENSED  FOR  THE
PURPOSES OF TISSUE OR ORGAN PROCUREMENT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06290-01-1

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