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This entry was published on 2020-04-24
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Prohibition of sales and purchases of human organs
Public Health (PBH) CHAPTER 45, ARTICLE 43
§ 4307. Prohibition of sales and purchases of human organs. 1. It
shall be unlawful for any person to knowingly acquire, receive, or
otherwise transfer for valuable consideration any part for use in human
transplantation. The term "valuable consideration" does not include the
reasonable payments associated with the removal, transportation,
implantation, processing, preservation, quality control, and storage of
a part or the expenses of travel, housing, and lost wages incurred by
the donor of a human part in connection with the donation of the part or
living donation. Any person who violates this section shall be guilty of
a class E felony.

2. For the purposes of this section, the donation of a kidney or other
organ from a live donor for transplantation into an individual
conditioned 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
make a donation conditioned upon the race, color, creed, national origin
or religious affiliation of the recipient, and no hospital, organ
procurement organization, tissue bank, physician or other professional
may participate in the performance of any procedure or otherwise
facilitate the donation and/or transfer of organs and/or tissue
conditioned on such factors.