S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    836
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, TITONE, COLTON, COOK, JAFFEE -- Multi-
   Sponsored by -- M. of A. ORTIZ  --  read  once  and  referred  to  the
   Committee on Health
 
 AN  ACT to amend the public health law, in relation to the creation of a
   state-wide database of  all  donations  of  tissue  or  non-transplant
   organs  procured by an organ procurement organization or a procurement
   organization
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 4369 to read as follows:
   § 4369. STATE-WIDE DATABASE OF DONATIONS OF TISSUE  OR  NON-TRANSPLANT
 ORGANS.  1.  THE DEPARTMENT SHALL ESTABLISH A STATE-WIDE DATABASE OF ALL
 DONATIONS OF TISSUE  OR  NON-TRANSPLANT  ORGANS  PROCURED  BY  AN  ORGAN
 PROCUREMENT  ORGANIZATION OR A PROCUREMENT ORGANIZATION. SUCH DATA SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE DONOR'S FULL NAME, ADDRESS AT THE TIME OF DONATION,  IDENTIFI-
 CATION  CODE,  DATE  OF  BIRTH  OR  AGE AND DATE AND TIME OF DEATH, IF A
 CADAVERIC DONOR;
   (B) DOCUMENTATION OF EVALUATION OF PHYSICAL  CONDITION,  OF  CADAVERIC
 DONOR;
   (C)  COMPLETE  MEDICAL HISTORY OF THE DONOR, INCLUDING BUT NOT LIMITED
 TO, ANY TESTING OR MEDICAL RECORDS INDICATING A COMMUNICABLE DISEASE  OR
 CANCER,  AUTOPSY REPORTS, DONATION QUESTIONNAIRES AND OTHER DONOR SOLIC-
 ITATION MATERIALS;
   (D) DOCUMENTATION OF INFORMED CONSENT OR CONSENT OF THE PERSON AUTHOR-
 IZED BY LAW TO CONSENT TO THE DONATION;
   (E) DATE AND TIME OF THE COLLECTION, WHERE  THE  PROCUREMENT  OCCURRED
 AND THE DESCRIPTION AND QUANTITY OF THE TISSUE COLLECTED;
   (F) NAME AND ADDRESS OF THE RECIPIENT OF THE TISSUE OR ORGAN; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02570-01-7
              

 A. 836                              2
 
   (G)  THE  OUTCOME  OF THE TRANSPLANTATION, TRANSFER AND IMPLEMENTATION
 PROCEDURES, AND ANY REPORTS WHICH WOULD AFFECT THE  DONOR'S  ACCEPTABIL-
 ITY.
   2.  THE  INFORMATION  REQUIRED TO BE KEPT IN THIS DATABASE SHALL IN NO
 WAY PREEMPT THE RECORDING REQUIREMENTS DESCRIBED IN THE NEW YORK  CODES,
 RULES AND REGULATIONS TITLE 10 SECTION 52-2.9. THE INFORMATION IN SUBDI-
 VISION  ONE  OF  THIS  SECTION SHALL BE COLLECTED BY THE DEPARTMENT AS A
 MEANS OF TRACKING DONATED TISSUE AND ORGANS.  ANY  IDENTIFYING  INFORMA-
 TION,  SUCH  AS  THE  DONOR'S NAME AND ADDRESS SHALL NOT BE DISCLOSED OR
 RELEASED BY THE DEPARTMENT TO ANY PERSON  OR  ENTITY,  EXCEPT  UPON  THE
 WRITTEN  CONSENT  OF  THE  DONOR OR THE PERSON AUTHORIZED BY LAW TO MAKE
 SUCH DONATION, OR TO AUTHORIZED  EMPLOYEES  OF  THE  DEPARTMENT,  OR  AS
 PERMITTED BY LAW.
   3. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 FOR  THE  IMPLEMENTATION  OF  SUCH DATABASE ESTABLISHED PURSUANT TO THIS
 SECTION.
   4. THE DEPARTMENT SHALL DEVELOP A PROTOCOL TO PROVIDE NOTICE TO TISSUE
 OR ORGAN RECIPIENTS, IF IT IS DETERMINED THAT SUCH TISSUE OR ORGANS HAVE
 BEEN PROCURED FROM A DONOR WHO HAS OR HAD AN INFECTIOUS,  CONTAGIOUS  OR
 COMMUNICABLE DISEASE OR CANCER.
   §  2.  This act shall take effect immediately.  Within one year of the
 effective date of this act, the addition, amendment and/or repeal of any
 rule or regulation necessary for the  implementation  of  this  act  are
 authorized and directed to be made and completed.