NY State Senate Bill 2017-S2495

Senate Bill S2495

Signed By Governor

2017-2018 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 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2017	signed chap.26
May 02, 2017	delivered to governor
Mar 08, 2017	returned to senate passed assembly ordered to third reading cal.112 substituted for a5132
Mar 01, 2017	referred to health delivered to assembly passed senate
Feb 14, 2017	advanced to third reading
Feb 13, 2017	2nd report cal.
Feb 07, 2017	1st report cal.195
Jan 13, 2017	referred to health

Votes

- Mar 1, 2017 - Floor Vote
  S2495
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 1, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Dilan
      
      Gallivan
  Feb 7, 2017 - Health Committee Vote
  S2495
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 7, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

co-Sponsors

View additional co-sponsors

2017-S2495 (ACTIVE) - Details

See Assembly Version of this Bill:: A5132
Law Section:: Public Health Law
Laws Affected:: Amd §4361, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:: S7945

2017-S2495 (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.

2017-S2495 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2495

 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 amends 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 explanation 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 :

2016: S.7945 - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2495 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2495
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON,  AKSHAR,  AVELLA,  CARLUCCI, DeFRANCISCO,
   FUNKE, GALLIVAN, GOLDEN, MARCHIONE, ORTT, RANZENHOFER, SERINO, SEWARD,
   YOUNG -- 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04491-01-7

 S. 2495                             2
 
 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.
   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.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.