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

                                   433

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, GALEF, REILLY, ZEBROWSKI, MILLMAN,
  GABRYSZAK, ESPAILLAT,  HOOPER  --  Multi-Sponsored  by  --  M.  of  A.
  CALHOUN,  FINCH,  GIGLIO,  GORDON,  KOON,  McDONOUGH,  PHEFFER, QUINN,
  TOBACCO, WALKER, WEISENBERG -- read once and referred 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 346 of the laws of 2006, is amended to read as follows:
  S  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 PURPOSES OF THIS SECTION:
  (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR-
ING, RECEIVING, OR OTHERWISE TRANSFERRING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01012-01-9

              

A. 433                              2

  (B) 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;
  (C)  THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE REASONABLE
PAYMENTS ASSOCIATED  WITH  THE  REMOVAL,  TRANSPORTATION,  IMPLANTATION,
PROCESSING,  PRESERVATION, 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 OR REASON-
ABLE COMPENSATION FOR RESTORATIVE WORK PERFORMED BY A  LICENSED  FUNERAL
DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN;
  (D)  THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN THE
DEFINITION  OF  BODY  PART  PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION
FORTY-THREE  HUNDRED  OF  THIS  ARTICLE,  BUT SHALL EXCLUDE BLOOD OR ANY
OTHER ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
  3. THE COMMISSIONER SHALL PRESCRIBE RULES AND  REGULATIONS  CONCERNING
PROCUREMENT  OF  HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A MINIMUM THAT
(A) ALL PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY  A  FACILITY
REGISTERED  WITH  THE  DEPARTMENT TO UNDERTAKE SUCH PROCUREMENT, (B) ALL
FACILITIES REGISTERED FOR PROCUREMENT OF HUMAN BODY PARTS  SHALL  REPORT
AND  DOCUMENT  THE PROCUREMENT OF EACH BODY PART TO THE MEDICAL EXAMINER
OR CORONER OF THE COUNTY WHERE THE  FACILITY  IS  LOCATED,  AND  (C)  NO
FUNERAL  DIRECTOR,  UNDERTAKER, REGISTERED RESIDENT, MORTUARY STUDENT OR
REGISTERED FUNERAL HOME OR FACILITY  SHALL  CONDUCT  OR  PARTICIPATE  IN
PROCUREMENT OF HUMAN BODY PARTS.
  S 2. This act shall take effect immediately.