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Senate Bill S6043

2015-2016 Legislative Session

Relates to prohibiting the valuable consideration for the donation of human organs

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Archive: Last Bill Status - In Senate Committee Health Committee

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2015-S6043 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง4307, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S5765

2015-S6043 (ACTIVE) - Summary

Relates to prohibiting the valuable consideration for the donation of human organs.

2015-S6043 (ACTIVE) - Sponsor Memo

2015-S6043 (ACTIVE) - Bill Text download pdf 

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

                                  6043

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            September 9, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation  to  prohibiting  the
  valuable consideration for the donation of human organs

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

  Section 1. The section heading and subdivision 1 of  section  4307  of
the  public  health  law, as amended by chapter 362 of the laws of 2009,
are amended to read as follows:
  Prohibition of [sales and purchases] VALUABLE  CONSIDERATION  FOR  THE
DONATION  of  human  organs.  1.  It shall be unlawful for any person to
knowingly acquire, receive, or otherwise transfer for valuable consider-
ation any human organ (INCLUDING FETAL) for ANY PURPOSE,  INCLUDING  use
in  human transplantation AND SCIENTIFIC RESEARCH.  The term human organ
means the human (INCLUDING  FETAL)  kidney,  liver,  heart,  lung,  bone
marrow,  and  any  other  human  organ or ANY SUBPART THEREOF, INCLUDING
tissue [as may be designated by the  commissioner],  but  shall  exclude
blood. 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.
REIMBURSEMENT MAY BE PROVIDED FOR REASONABLE MEDICAL  EXPENSES  INCURRED
BY  ANY  ORGAN DONOR WHO BECOMES ILL AS A DIRECT RESULT OF THE DONATION.
Any person who violates this section shall be guilty of a class E  felo-
ny.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11924-01-5

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