NY State Senate Bill 2015-S7945

Senate Bill S7945

2015-2016 Legislative Session

Grants the transplant council the power to make recommendations to the commissioner of health relating to organ donation, procurement organizations, banks and storage

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to health delivered to assembly passed senate ordered to third reading cal.1710 committee discharged and committed to rules
May 27, 2016	referred to health

Votes

- Jun 14, 2016 - Floor Vote
  S7945
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 14, 2016 - Rules Committee Vote
  S7945
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Parker

co-Sponsors

2015-S7945 (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §4361, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S2495

2015-S7945 (ACTIVE) - Summary

Grants the transplant council the power to make recommendations to the commissioner of health relating to organ donation, transplantation, procurement organizations, banks and storage; requires the council to make such recommendations annually.

2015-S7945 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7945

 TITLE OF BILL :

An act to amend the public health law, in relation to the transplant
council

 PURPOSE :

To further empower the transplant council to aid the department in
addressing issues and improving regulations surrounding organ
donation, procurement and/or transplantation.

 SUMMARY OF PROVISIONS :

Section one section 4361 of the public health law by adding language
requiring the transplant council to make recommendations to the
commissioner and expanding the scope of those recommendations to
include matters relating to organ donation and provide for
recommendations annually. Subdivisions 5 and 6 are renumbered 6 and 7
and a new subdivision 5 is added which establishes that a majority of
the appointed voting membership of the council's board shall
constitute a quorum. Subdivision 7 is amended by specifying that the
commissioner must provide a written report to the transplant council
if the commissioner determines not to promulgate or amend rules and
regulations proposed by the council.

Section two provides that this act shall take effect immediately.

 JUSTIFICATION :

The Transplant Council was created many years ago with the intention
of assisting and advising the Department of Health in addressing
issues around the critical areas of organ transplants and procurement.
The council is made up of a broad range of members with medical,
institutional and personal experience in this area. The Council is a
resource that the state should rely upon as we work to increase the
number of donors and transplants.

About 1,500 people receive organ transplants each year, however more
than 10,000 are on lists awaiting kidneys, livers and hearts. The need
for donated organs far exceeds the supply. Each person who donates
organs (hearts, lungs, liver, kidneys, pancreas and intestine) can
save up to eight lives, while tissue donors (corneas, bone, skin,
heart valves, tendons, veins, etc) can help improve the lives of as
many as fifty patients. Unfortunately, New York ranks near last in the
number of people who have registered as organ donors.

This bill expends the scope and role of the Council to include
donation and asks that they make annual recommendations to the
Department of Health on issues relating to transplantation,
procurement and donation. The transplant council is a resource of
experts who are committed to these issues. They can provide valuable
insight and recommendations to the state which can literally help save
lives.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7945 (ACTIVE) - Bill Text download pdf

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

                                  7945

                            I N  S E N A T E

                              May 27, 2016
                               ___________

Introduced  by Sens. HANNON, FLANAGAN -- 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  the  transplant
  council

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

  Section 1. Section 4361 of the public health law, as added by  chapter
589 of the laws of 1990, is amended to read as follows:
  S  4361.  Transplant council. 1. There shall be created in the depart-
ment a transplant council which shall advise AND MAKE RECOMMENDATIONS TO
the commissioner on matters  relating  to  organ  DONATION,  procurement
organizations, banks, and storage facilities and other issues related to
the DONATION, procurement, storage, allocation, distribution, and trans-
plantation of organs and tissue. The council shall consist of twenty-one
members of which seven, including the chairperson, shall be appointed by
the  governor,  seven by the temporary president of the senate and seven
by the speaker of the assembly. The transplant council shall be composed
of members of the general public, transplant  recipients  or  donors  or
their family members, representatives of organ procurement organizations
and  banks or storage facilities, physicians with expertise in organ and
tissue transplantation and the care of persons with  end  stage  disease
resulting from organ failure and persons with expertise in histocompati-
bility typing, law and ethics.
  2.  The  terms of office of members of the transplant council shall be
three years, provided, however, that  of  the  members  first  appointed
seven  shall be appointed for terms which shall expire on December thir-
ty-first, nineteen hundred ninety-two,  seven  shall  be  appointed  for
terms  which  shall  expire  on  December thirty-first, nineteen hundred
ninety-four and seven shall be appointed for terms  which  shall  expire
December  thirty-first,  nineteen hundred ninety-six. Vacancies shall be
filled by appointment in like manner for  the  unexpired  term  of  such
member.
  3. The transplant council shall meet as frequently as its business may
require, and at least twice in each year.

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

                                                           LBD15622-01-6

S. 7945                             2

  4.  The transplant council shall enact and from time to time may amend
by-laws in relation to its meetings and the transaction of its business.
  5.  A  MAJORITY  OF  THE APPOINTED VOTING MEMBERSHIP OF THE TRANSPLANT
COUNCIL SHALL CONSTITUTE A QUORUM.
  6. The members of the council shall receive no compensation for  their
services  as  members  of the council, but each of them shall be allowed
the necessary and actual expenses which are incurred in the  performance
of his or her duties under this article.
  [6.]  7.  (a) The transplant council shall review existing federal law
and policies, including federal regulations  and  the  policies  of  the
federal  organ  procurement  and transplantation network governing organ
procurement organizations and procurement activities, and make recommen-
dations ANNUALLY to the commissioner regarding state regulation of organ
DONATION procurement organizations and activities and tissue  banks  and
tissue  procurement  activities  [provided  that  the council shall make
initial recommendations to the commissioner on or  before  April  first,
nineteen hundred ninety-two] AND TRANSPLANTATION.
  (b)  Prior  to  the  commissioner's final approval and promulgation of
[such] proposed  rules  and  regulations  RELATING  TO  ORGAN  DONATION,
PROCUREMENT  AND/OR  TRANSPLANTATION,  if such rules and regulations are
modified in any respect, they shall  be  submitted  to  the  council  in
accordance  with  the  provisions of subdivision three of section forty-
three hundred sixty-five of this article. If the commissioner determines
not to promulgate OR  AMEND  such  proposed  rules  and  regulations  AS
PROPOSED BY THE COUNCIL, the commissioner shall provide a written expla-
nation of such determination to the council.
  S 2. This act shall take effect immediately.

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Senate Bill S7945

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