Senate Bill S2235

2013-2014 Legislative Session

Relates to the sale or purchase of human body parts

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S2235 (ACTIVE) - Details

See Assembly Version of this Bill:
A3101
Current Committee:
Senate Codes
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2187, A433
2011-2012: S2147, A6207
2015-2016: S1705, A5654
2017-2018: S1638, A8343

2013-S2235 (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.

2013-S2235 (ACTIVE) - Sponsor Memo

2013-S2235 (ACTIVE) - 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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