assembly Bill A6207B

2011-2012 Legislative Session

Relates to the sale or purchase of human body parts

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2012 print number 6207b
Jun 15, 2012 amend and recommit to health
Jun 06, 2012 print number 6207a
Jun 06, 2012 amend and recommit to health
Jan 04, 2012 referred to health
Mar 09, 2011 referred to health

A6207 - Details

See Senate Version of this Bill:
S2147
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A433, S2187
2013-2014: A3101, S2235
2015-2016: A5654, S1705
2017-2018: A8343, S1638

A6207 - 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.

A6207 - Bill Text download pdf

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

                                  6207

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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 362 of the laws of 2009, 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 the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation
and  transplant  are performed in accordance with other applicable laws,
rules and regulations, including any specific rules and regulations  the
commissioner  may  adopt,  with the advice and consent of the transplant
council, with respect to such conditional donations. No  individual  may

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-01-1

A6207A - Details

See Senate Version of this Bill:
S2147
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A433, S2187
2013-2014: A3101, S2235
2015-2016: A5654, S1705
2017-2018: A8343, S1638

A6207A - 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.

A6207A - Bill Text download pdf

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

                                 6207--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on Health -- recommitted to the Committee on Health in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 362 of the laws of 2009, 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 the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation
and  transplant  are performed in accordance with other applicable laws,
rules and regulations, including any specific rules and regulations  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-03-2

A6207B (ACTIVE) - Details

See Senate Version of this Bill:
S2147
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A433, S2187
2013-2014: A3101, S2235
2015-2016: A5654, S1705
2017-2018: A8343, S1638

A6207B (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.

A6207B (ACTIVE) - Bill Text download pdf

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

                                 6207--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2011
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee  on Health -- recommitted to the Committee on Health in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

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 362 of the laws of 2009, 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 the purposes of this section, the donation of a kidney or other
organ  from  a  live donor for transplantation into an individual condi-
tioned upon the donation and transplantation of a similar organ into  an
individual  specified  by  the  donor  shall  not,  in and of itself, be
considered to be "valuable consideration" provided  that  such  donation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05136-05-2