Senate Bill S5765

2017-2018 Legislative Session

Relates to prohibiting the valuable consideration for the donation of human organs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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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2017-S5765 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §4307, Pub Health L
Versions Introduced in 2015-2016 Legislative Session:
S6043

2017-S5765 (ACTIVE) - Summary

Relates to prohibiting the valuable consideration for the donation of human organs.

2017-S5765 (ACTIVE) - Sponsor Memo

2017-S5765 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5765
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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 prohibiting  valu-
   able consideration for the donation of human organs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivision 1 of  section  4307  of
 the  public  health  law, as amended by chapter 362 of the laws of 2009,
 are amended to read as follows:
   Prohibition of [sales and purchases] VALUABLE  CONSIDERATION  FOR  THE
 DONATION  of  human  organs.  1.  It shall be unlawful for any person to
 knowingly acquire, receive, or otherwise transfer for valuable consider-
 ation any human organ (INCLUDING FETAL) for ANY PURPOSE,  INCLUDING  use
 in  human transplantation AND SCIENTIFIC RESEARCH.  The term human organ
 means the human (INCLUDING  FETAL)  kidney,  liver,  heart,  lung,  bone
 marrow,  and  any  other  human  organ or ANY SUBPART THEREOF, INCLUDING
 tissue [as may be designated by the  commissioner],  but  shall  exclude
 blood. 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.
 REIMBURSEMENT MAY BE PROVIDED FOR REASONABLE MEDICAL  EXPENSES  INCURRED
 BY  ANY  ORGAN DONOR WHO BECOMES ILL AS A DIRECT RESULT OF THE DONATION.
 Any person who violates this section shall be guilty of a class E  felo-
 ny.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07008-01-7

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