S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   388

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation to the creation of  a
  state-wide  database  of  all  donations  of  tissue or non-transplant
  organs procured by an organ procurement organization or a  procurement
  organization

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
4369 to read as follows:
  S  4369.  STATE-WIDE DATABASE OF DONATIONS OF TISSUE OR NON-TRANSPLANT
ORGANS. 1. THE DEPARTMENT SHALL ESTABLISH A STATE-WIDE DATABASE  OF  ALL
DONATIONS  OF  TISSUE  OR  NON-TRANSPLANT  ORGANS  PROCURED  BY AN ORGAN
PROCUREMENT ORGANIZATION OR A PROCUREMENT ORGANIZATION. SUCH DATA  SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A)  THE DONOR'S FULL NAME, ADDRESS AT THE TIME OF DONATION, IDENTIFI-
CATION CODE, DATE OF BIRTH OR AGE AND DATE  AND  TIME  OF  DEATH,  IF  A
CADAVERIC DONOR;
  (B)  DOCUMENTATION  OF  EVALUATION OF PHYSICAL CONDITION, OF CADAVERIC
DONOR;
  (C) COMPLETE MEDICAL HISTORY OF THE DONOR, INCLUDING BUT  NOT  LIMITED
TO,  ANY TESTING OR MEDICAL RECORDS INDICATING A COMMUNICABLE DISEASE OR
CANCER, AUTOPSY REPORTS, DONATION QUESTIONNAIRES AND OTHER DONOR  SOLIC-
ITATION MATERIALS;
  (D) DOCUMENTATION OF INFORMED CONSENT OR CONSENT OF THE PERSON AUTHOR-
IZED BY LAW TO CONSENT TO THE DONATION;
  (E)  DATE  AND  TIME OF THE COLLECTION, WHERE THE PROCUREMENT OCCURRED
AND THE DESCRIPTION AND QUANTITY OF THE TISSUE COLLECTED;
  (F) NAME AND ADDRESS OF THE RECIPIENT OF THE TISSUE OR ORGAN; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01789-01-9
              

A. 388                              2

  (G) THE OUTCOME OF THE TRANSPLANTATION,  TRANSFER  AND  IMPLEMENTATION
PROCEDURES,  AND  ANY REPORTS WHICH WOULD AFFECT THE DONOR'S ACCEPTABIL-
ITY.
  2.  THE  INFORMATION  REQUIRED TO BE KEPT IN THIS DATABASE SHALL IN NO
WAY PREEMPT THE RECORDING REQUIREMENTS DESCRIBED IN THE  NEW  YORK  CODE
AND  REGULATIONS  52-2.9.  THE  INFORMATION  IN  SUBDIVISION ONE OF THIS
SECTION SHALL BE COLLECTED BY THE DEPARTMENT  AS  A  MEANS  OF  TRACKING
DONATED  TISSUE  AND  ORGANS.  ANY  IDENTIFYING INFORMATION, SUCH AS THE
DONOR'S NAME AND ADDRESS SHALL NOT  BE  DISCLOSED  OR  RELEASED  BY  THE
DEPARTMENT  TO  ANY PERSON OR ENTITY, EXCEPT UPON THE WRITTEN CONSENT OF
THE DONOR OR THE PERSON AUTHORIZED BY LAW TO MAKE SUCH DONATION,  OR  TO
AUTHORIZED EMPLOYEES OF THE DEPARTMENT, OR AS PERMITTED BY LAW.
  3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
FOR  THE  IMPLEMENTATION  OF  SUCH DATABASE ESTABLISHED PURSUANT TO THIS
SECTION.
  4. THE DEPARTMENT SHALL DEVELOP A PROTOCOL TO PROVIDE NOTICE TO TISSUE
OR ORGAN RECIPIENTS, IF IT IS DETERMINED THAT SUCH TISSUE OR ORGANS HAVE
BEEN PROCURED FROM A DONOR WHO HAS OR HAD AN INFECTIOUS,  CONTAGIOUS  OR
COMMUNICABLE DISEASE OR CANCER.
  S  2.  This act shall take effect immediately; provided, however, that
within one year of the effective date of this act, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act are authorized and directed to be made and completed.