§ 4361. Transplant council. 1. There shall be created in the
department 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 transplantation 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 histocompatibility 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
thirty-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.

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.

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
recommendations annually to the commissioner regarding state regulation
of organ donation procurement organizations and activities and tissue
banks and tissue procurement activities and transplantation.

(b) Prior to the commissioner's final approval and promulgation of
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 explanation of
such determination to the council.