Senate Bill S1638

2017-2018 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 Health 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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2017-S1638 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2187
2011-2012: S2147
2013-2014: S2235
2015-2016: S1705

2017-S1638 (ACTIVE) - Summary

Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires the procurement of body parts be performed only at registered facilities and such facilities shall document any procurements and retain such documentation.

2017-S1638 (ACTIVE) - Sponsor Memo

2017-S1638 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1638
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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:
   §  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.
              

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