S T A T E   O F   N E W   Y O R K
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                                  3101

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

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.
                                                           LBD03082-01-3
              

A. 3101                             2

make a donation conditioned upon the race, color, creed, national origin
or  religious  affiliation  of  the  recipient,  and  no hospital, organ
procurement organization, tissue bank, physician or  other  professional
may participate in the performance of any procedure or otherwise facili-
tate the donation and/or transfer of organs and/or tissue conditioned on
such factors.
  3. 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, AND OCULAR TISSUE WHICH IS
RECOVERED BY LICENSED EYE BANK PERSONNEL;
  (C) THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE  REASONABLE
PAYMENTS  ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION, IMPLANTATION,
PROCESSING, PRESERVATION, 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 OR REASON-
ABLE  COMPENSATION  FOR RESTORATIVE WORK PERFORMED BY A LICENSED FUNERAL
DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
  (D) THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN  THE
DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
FORTY-THREE HUNDRED OF THIS ARTICLE, BUT SHALL EXCLUDE BLOOD, AND OCULAR
TISSUE WHICH IS RECOVERED BY LICENSED EYE BANK PERSONNEL  OR  ANY  OTHER
ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
  4.  THE  COMMISSIONER SHALL PRESCRIBE RULES AND REGULATIONS CONCERNING
PROCUREMENT OF HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A  MINIMUM  THAT
(A)  ALL  PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY A FACILITY
REGISTERED WITH THE DEPARTMENT TO UNDERTAKE SUCH  PROCUREMENT,  (B)  ALL
FACILITIES REGISTERED FOR PROCUREMENT OF HUMAN BODY PARTS SHALL DOCUMENT
THE PROCUREMENT OF EACH BODY PART, RETAIN SUCH DOCUMENTATION FOR A MINI-
MUM  OF  SIX  YEARS  FROM  THE DATE OF THE PROCUREMENT, AND PRODUCE SUCH
DOCUMENTATION UPON REQUEST BY THE DEPARTMENT OR BY  ANY  POLICE  OFFICER
ACTING  IN  HIS  OR  HER OFFICIAL CAPACITY, AND (C) NO FUNERAL DIRECTOR,
UNDERTAKER, REGISTERED RESIDENT, MORTUARY STUDENT OR REGISTERED  FUNERAL
HOME  OR  FACILITY  SHALL CONDUCT OR PARTICIPATE IN PROCUREMENT OF HUMAN
BODY PARTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.