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