§ 4362. Organ procurement organizations. 1. No person shall own or
operate an organ procurement organization that is principally located or
operated in New York state unless:

(a) the organization is currently designated by the secretary of
health and human services as an organ procurement organization; and

(b) the organ procurement organization is operated by a not-for-profit
corporation having a board of directors which meets no less than four
times annually or is operated by a hospital and has an advisory board
which meets no less than four times annually. At least thirty percent of
the members of the board of directors or advisory board shall be members
of the public not otherwise directly or indirectly affiliated with a
transplant center or organ procurement organization, and not more than
fifty percent shall be surgeons or physicians. Such board of directors
or advisory board shall include representatives of more than one
transplant center. The board of directors of an organ procurement
organization operated by a not-for-profit corporation or the advisory
board of an organ procurement organization operated by a hospital shall
be responsible for developing and adopting the written by-laws and
policies that govern the operation of the organ procurement
organization. All such by-laws and policies for an organ procurement
organization operated by a hospital shall be subject to approval by the
board of directors of the hospital. Written policies shall include, but
not be limited to: (i) policies and procedures to educate the public and
health care professionals about organ donations; (ii) medical standards
for donor screening and testing; (iii) policies and procedures for the
distribution of organs; (iv) procedures to ensure fiscal accountability
of the organ procurement organization; and (v) policies concerning any
arrangements or agreements that the organ procurement organization may
enter with tissue banks storage facilities or other organ procurement
organizations.

2. No hospital or other facility and no physician shall permit any
person to, and no person shall, procure organs for transplantation
unless such person has been designated in accordance with this article
or has been asked by a designated organ procurement organization to
procure a specified organ.

3. The commissioner, in consultation with the transplant council, may
promulgate regulations to establish standards for organ procurement
organizations regarding organ sharing among organ procurement
organizations in this state. Such standards shall include policies for
sera sharing or other measures to meet the needs of patients who are
highly sensitized and for whom it is difficult to identify a suitable
kidney due to conditions such as a blood transfusion, immunization,
prior pregnancy or a previous failed kidney transplant.