The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   96--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GUNTHER,  BENEDETTO, HYNDMAN, WALKER, GALEF,
   PAULIN, STECK, STIRPE, WOERNER, O'DONNELL, FAHY, JEAN-PIERRE, SOLAGES,
   COLTON,  HEVESI,  GOTTFRIED,  SIMON,  CARROLL,  TAYLOR,  SANTABARBARA,
   QUART,  DiPIETRO, McDONOUGH, PALMESANO, RA, LEMONDES, LAWLER, DARLING,
   McMAHON, THIELE, L. ROSENTHAL, B. MILLER -- Multi-Sponsored by  --  M.
   of  A.  BRAUNSTEIN,  ENGLEBRIGHT,  HUNTER,  LUPARDO  --  read once and
   referred to the Committee on Transportation --  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 in a situation involving an imminent health risk,  TRANS-
 PORTING  HUMAN  ORGANS AND/OR MEDICAL PERSONNEL FOR THE PURPOSE OF ORGAN
 RECOVERY OR TRANSPLANTATION IN A SITUATION INVOLVING AN IMMINENT  HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02655-03-1

 A. 96--A                            2
 
 RISK  WHERE  UNDUE  DELAY WOULD JEOPARDIZE SUCH RECOVERY OR TRANSPLANTA-
 TION, pursuing an actual or suspected violator of the law, or responding
 to, or working or assisting at  the  scene  of  an  accident,  disaster,
 police  call,  alarm  of  fire, actual 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. 1. ANY VEHICLE WHICH  IS  OWNED
 AND  OPERATED BY A CERTIFIED ORGAN PROCUREMENT ORGANIZATION FOR THE SOLE
 PURPOSE OF TRANSPORTING HUMAN ORGANS AND/OR MEDICAL  PERSONNEL  FOR  THE
 PURPOSE  OF  ORGAN RECOVERY OR TRANSPLANTATION WHILE ENGAGED IN AN EMER-
 GENCY OPERATION.   FOR THE PURPOSE OF  THIS  CHAPTER,  THE  TERM  "ORGAN
 PROCUREMENT  ORGANIZATION"  SHALL MEAN AN ORGAN PROCUREMENT ORGANIZATION
 AS DEFINED IN SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED  SIXTY  OF
 THE  PUBLIC  HEALTH LAW WHICH IS CERTIFIED AS A QUALIFIED ORGAN PROCURE-
 MENT ORGANIZATION BY THE  FEDERAL  CENTERS  FOR  MEDICARE  AND  MEDICAID
 SERVICES  PURSUANT  TO  SECTION  273(B) OF TITLE 42 OF THE UNITED STATES
 CODE AND SECTION 486.303 OF TITLE 42 OF THE CODE OF FEDERAL REGULATIONS.
   2. NO HUMAN ORGAN DELIVERY VEHICLE SHALL BE OPERATED AS AN  AUTHORIZED
 EMERGENCY  VEHICLE UNLESS: (A) THE CERTIFIED ORGAN PROCUREMENT ORGANIZA-
 TION WHICH OWNS AND OPERATES SUCH VEHICLE IS IN COMPLIANCE WITH  ARTICLE
 FORTY-THREE-B OF THE PUBLIC HEALTH LAW AND RULES AND REGULATIONS PROMUL-
 GATED  THEREUNDER;  (B)  SUCH  VEHICLE IS USED SOLELY FOR THE PURPOSE OF
 TRANSPORTING HUMAN ORGANS AND/OR MEDICAL PERSONNEL FOR  THE  PURPOSE  OF
 ORGAN  RECOVERY  OR TRANSPLANTATION WHILE ENGAGED IN AN EMERGENCY OPERA-
 TION; (C) SUCH VEHICLE IS DESIGNATED AND CLEARLY IDENTIFIED AS  A  HUMAN
 ORGAN  DELIVERY  VEHICLE,  AND,  PRIOR TO ITS OPERATION AS A HUMAN ORGAN
 DELIVERY VEHICLE THE CERTIFIED ORGAN PROCUREMENT ORGANIZATION WHICH OWNS
 AND OPERATES SUCH VEHICLE HAS RECEIVED WRITTEN  AUTHORIZATION  FROM  THE
 COMMISSIONER  OF  HEALTH  FOR  THE  OPERATION OF SUCH VEHICLE AS A HUMAN
 ORGAN DELIVERY VEHICLE; (D) SUCH VEHICLE IS OPERATED IN COMPLIANCE  WITH
 THIS CHAPTER AND WITH REGULATIONS PROMULGATED PURSUANT THERETO INCLUDING
 SUBDIVISION  THREE  OF  THIS SECTION; AND (E) THE DRIVER OF SUCH VEHICLE
 HAS UNDERGONE TRAINING FOR THE OPERATION OF AUTHORIZED  EMERGENCY  VEHI-
 CLES  DURING  EMERGENCY  OPERATIONS  AS APPROVED PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, AND A DEFENSIVE DRIVING COURSE. THE  COMMISSIONER
 OF  HEALTH MAY REVOKE OR SUSPEND A WRITTEN AUTHORIZATION ISSUED PURSUANT
 TO PARAGRAPH (C) OF THIS SUBDIVISION ON PROOF  THAT  A  CERTIFIED  ORGAN
 PROCUREMENT  ORGANIZATION  HAS  FAILED  TO COMPLY WITH THE PROVISIONS OF
 THIS SECTION OR ANY RULES AND REGULATIONS PROMULGATED PURSUANT  THERETO.
 PROVIDED,  HOWEVER,  THAT  ANY  SUCH REVOCATIONS OR SUSPENSIONS SHALL BE
 SUBJECT TO THE SAME REQUIREMENTS FOR REVOCATIONS, SUSPENSIONS, HEARINGS,
 NOTICE AND REVIEW AS SET FORTH IN SUBDIVISION TWO OF SECTION FORTY-THREE
 HUNDRED SIXTY-SIX OF THE PUBLIC HEALTH LAW.
   3. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE  COMMISSIONER,
 SHALL PROMULGATE REGULATIONS TO ESTABLISH STANDARDS FOR THE OPERATION OF
 HUMAN  ORGAN DELIVERY VEHICLES AS AUTHORIZED EMERGENCY VEHICLES PURSUANT
 TO THIS CHAPTER. SUCH REGULATIONS SHALL, AT  A  MINIMUM:  (A)  ESTABLISH
 STANDARDS FOR THE ISSUANCE OF WRITTEN AUTHORIZATION FOR THE OPERATION OF
 SUCH  VEHICLES; (B) ESTABLISH STANDARDS FOR HUMAN ORGAN DELIVERY VEHICLE
 OPERATIONS, VEHICLES AND EQUIPMENT INCLUDING COMPLIANCE WITH THIS  CHAP-
 TER,  AND  THE  TRAINING OF HUMAN ORGAN DELIVERY VEHICLE DRIVERS FOR THE
 SAFE OPERATION OF SUCH  VEHICLES  DURING  AN  EMERGENCY  OPERATION;  (C)
 REQUIRE  CERTIFIED  ORGAN  PROCUREMENT  ORGANIZATIONS  TO  ESTABLISH AND
 ENFORCE WRITTEN POLICIES CONCERNING MINIMUM QUALIFICATIONS AND  PHYSICAL

 A. 96--A                            3
 
 REQUIREMENTS FOR HUMAN ORGAN DELIVERY VEHICLE DRIVERS AND FOR THE EQUIP-
 PING AND MAINTENANCE OF SUCH VEHICLES; AND (D) INCLUDE SUCH OTHER STAND-
 ARDS  OR REQUIREMENTS AS THE COMMISSIONER OF HEALTH AND THE COMMISSIONER
 DEEM NECESSARY FOR THE SAFETY AND WELL BEING OF THE PEOPLE OF THE STATE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.