S T A T E O F N E W Y O R K
________________________________________________________________________
3690--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 30, 2019
___________
Introduced by M. of A. GUNTHER, BENEDETTO, MOSLEY, HYNDMAN, WALKER,
GALEF, PAULIN, STECK, STIRPE, BLAKE, ORTIZ, WOERNER, O'DONNELL, FAHY,
JEAN-PIERRE, SOLAGES, COLTON, HEVESI, GOTTFRIED, PALUMBO, WRIGHT,
DiPIETRO, McDONOUGH, SIMON, CARROLL, TAYLOR, LIFTON, PALMESANO, SANTA-
BARBARA, QUART -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, ENGLE-
BRIGHT, HUNTER, LUPARDO, SCHIMMINGER, STEC -- read once and referred
to the Committee on Transportation -- recommitted to the Committee on
Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to designating
human organ delivery vehicles as authorized emergency vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 101 of the vehicle and traffic law, as amended by
chapter 446 of the laws of 2003, is amended to read as follows:
§ 101. Authorized emergency vehicle. Every ambulance, police vehicle
or bicycle, correction vehicle, fire vehicle, civil defense emergency
vehicle, emergency ambulance service vehicle, blood delivery vehicle,
HUMAN ORGAN DELIVERY VEHICLE, county emergency medical services vehicle,
environmental emergency response vehicle, sanitation patrol vehicle,
hazardous materials emergency vehicle and ordnance disposal vehicle of
the armed forces of the United States.
§ 2. Section 114-b of the vehicle and traffic law, as amended by chap-
ter 460 of the laws of 1996, is amended to read as follows:
§ 114-b. Emergency operation. The operation, or parking, of an author-
ized emergency vehicle, when such vehicle is engaged in transporting a
sick or injured person, transporting prisoners, delivering blood or
blood products OR TRANSPORTING HUMAN ORGANS, HUMAN TISSUE OR MEDICAL
PERSONNEL FOR THE PURPOSE OF ORGAN RECOVERY OR TRANSPLANTATION, in a
situation involving an imminent health risk, pursuing an actual or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00415-02-0
A. 3690--A 2
suspected violator of the law, or responding to, or working or assisting
at the scene of an accident, disaster, police call, alarm of fire, actu-
al or potential release of hazardous materials or other emergency.
Emergency operation shall not include returning from such service.
§ 3. The vehicle and traffic law is amended by adding a new section
117-e to read as follows:
§ 117-E. HUMAN ORGAN DELIVERY VEHICLE. ANY VEHICLE WHICH IS OPERATED,
AUTHORIZED OR CONTRACTED BY OR ON BEHALF OF AN ORGAN PROCUREMENT ORGAN-
IZATION, AS DEFINED IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND THREE
HUNDRED SIXTY OF THE PUBLIC HEALTH LAW, FOR THE SOLE PURPOSE OF TRANS-
PORTING HUMAN ORGANS, HUMAN TISSUE, OR MEDICAL PERSONNEL FOR THE PURPOSE
OF ORGAN RECOVERY OR TRANSPLANTATION ON AN EMERGENCY BASIS. THE VEHICLE
MUST BE DEDICATED TO SERVE AS AND BE CLEARLY IDENTIFIED AS AN ORGAN
TRANSPORT VEHICLE, AND OPERATORS MUST RECEIVE WRITTEN AUTHORIZATION FROM
THE DEPARTMENT OF HEALTH PRIOR TO OPERATION OF A VEHICLE IN SUCH CAPACI-
TY. NO HUMAN ORGAN DELIVERY VEHICLE SHALL BE OPERATED AS AN AUTHORIZED
EMERGENCY VEHICLE ENGAGED IN AN EMERGENCY OPERATION UNLESS THE DRIVER OF
SUCH VEHICLE HAS UNDERGONE APPROPRIATE TRAINING, AS APPROVED BY THE
DEPARTMENT OF HEALTH, FOR THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES
DURING EMERGENCY OPERATIONS AND A DEFENSIVE DRIVING COURSE. NOTHING IN
THIS SECTION SHALL PRECLUDE THOSE PERSONS OTHERWISE APPROVED TO OPERATE
ANY OTHER AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED
ONE OF THIS ARTICLE FROM OPERATING SUCH VEHICLE AS A HUMAN ORGAN DELIV-
ERY VEHICLE.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.