|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 27, 2014||reported and committed to codes|
|Jan 08, 2014||referred to health|
returned to senate
died in assembly
|May 07, 2013||referred to health|
delivered to assembly
|May 06, 2013||advanced to third reading|
|May 01, 2013||2nd report cal.|
|Apr 30, 2013||1st report cal.476|
|Jan 15, 2013||referred to health|
senate Bill S2235
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2235 - Details
S2235 - 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.
S2235 - Sponsor Memo
BILL NUMBER:S2235 TITLE OF BILL: An act to amend the public health law, in relation to sales and purchases of human organs PURPOSE: To address current shortcomings in the public Health law with respect to the harvesting of body parts, specifically in the context of non-organ tissue. SUMMARY OF PROVISIONS: Section one amends section 4307 of the public health law to prohibit the sale of human organs and body parts other than blood and ocular tissue. EXISTING LAW: Current law prohibits the sale of human organs, but not human body parts. JUSTIFICATION: Amid scandals involving the illegal buying, selling and distribution of human tissue by funeral homes and licensed biomedical companies, deficiencies in current law with respect to this area have become apparent. These scandals have involved funeral homes removing tissue (e.g. skin, bone, organs and non-organ tissue) from bodies before embalming or cremation without the permission of the deceased's family. The tissue was then sold illegally to biomedical companies who would then present it as legitimately harvested tissue.
S2235 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2235 2013-2014 Regular Sessions I N S E N A T E January 15, 2013 ___________ Introduced by Sen. GOLDEN -- 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 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. LBD03082-01-3
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