S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8343
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
   tee 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:
   § 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.
              

                                                            LBD01731-01-7

 A. 8343                             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.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.