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

                                  2187

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by Sens. GOLDEN, DeFRANCISCO, O. JOHNSON, LARKIN, MORAHAN --
  read twice and ordered printed, and when printed to  be  committed  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;
  (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,

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

S. 2187                             2

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.