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

                                  2235

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 362 of the laws of 2009, 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 the purposes of this section, the donation of a kidney or other
organ from a live donor for transplantation into  an  individual  condi-
tioned  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03082-01-3
              

S. 2235                             2

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 facili-
tate the donation and/or transfer of organs and/or tissue conditioned on
such factors.
  3. 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, AND OCULAR TISSUE WHICH IS
RECOVERED BY LICENSED EYE BANK PERSONNEL;
  (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, AND OCULAR
TISSUE WHICH IS RECOVERED BY LICENSED EYE BANK PERSONNEL  OR  ANY  OTHER
ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY.
  4.  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 DOCUMENT
THE PROCUREMENT OF EACH BODY PART, RETAIN SUCH DOCUMENTATION FOR A MINI-
MUM  OF  SIX  YEARS  FROM  THE DATE OF THE PROCUREMENT, AND PRODUCE SUCH
DOCUMENTATION UPON REQUEST BY THE DEPARTMENT OR BY  ANY  POLICE  OFFICER
ACTING  IN  HIS  OR  HER OFFICIAL CAPACITY, 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 on the one hundred twentieth day after
it shall have become a law.