§ 117-e. Human organ delivery vehicle. 1. Any vehicle which is owned
and operated by a certified organ procurement organization for the sole
purpose of transporting human organs and/or medical personnel for the
purpose of organ recovery or transplantation while engaged in an
emergency operation. For the purpose of this chapter, the term "organ
procurement organization" shall mean an organ procurement organization
as defined in subdivision five of section forty-three hundred sixty of
the public health law which is certified as a qualified organ
procurement organization by the federal centers for medicare and
medicaid services pursuant to section 273(b) of title 42 of the United
States code and section 486.303 of title 42 of the code of federal
regulations.

2. No human organ delivery vehicle shall be operated as an authorized
emergency vehicle unless: (a) the certified organ procurement
organization which owns and operates such vehicle is in compliance with
article forty-three-B of the public health law and rules and regulations
promulgated thereunder; (b) such vehicle is used solely for the purpose
of transporting human organs and/or medical personnel for the purpose of
organ recovery or transplantation while engaged in an emergency
operation; (c) such vehicle is designated and clearly identified as a
human organ delivery vehicle, and, prior to its operation as a human
organ delivery vehicle the certified organ procurement organization
which owns and operates such vehicle has received written authorization
from the commissioner of health for the operation of such vehicle as a
human organ delivery vehicle; (d) such vehicle is operated in compliance
with this chapter and with regulations promulgated pursuant thereto
including subdivision three of this section; and (e) the driver of such
vehicle has undergone training for the operation of authorized emergency
vehicles during emergency operations as approved pursuant to subdivision
three of this section, and a defensive driving course. The commissioner
of health may revoke or suspend a written authorization issued pursuant
to paragraph (c) of this subdivision on proof that a certified organ
procurement organization has failed to comply with the provisions of
this section or any rules and regulations promulgated pursuant thereto.
Provided, however, that any such revocations or suspensions shall be
subject to the same requirements for revocations, suspensions, hearings,
notice and review as set forth in subdivision two of section forty-three
hundred sixty-six of the public health law.

3. The commissioner of health, in consultation with the commissioner,
shall promulgate regulations to establish standards for the operation of
human organ delivery vehicles as authorized emergency vehicles pursuant
to this chapter. Such regulations shall, at a minimum: (a) establish
standards for the issuance of written authorization for the operation of
such vehicles; (b) establish standards for human organ delivery vehicle
operations, vehicles and equipment including compliance with this
chapter, and the training of human organ delivery vehicle drivers for
the safe operation of such vehicles during an emergency operation; (c)
require certified organ procurement organizations to establish and
enforce written policies concerning minimum qualifications and physical
requirements for human organ delivery vehicle drivers and for the
equipping and maintenance of such vehicles; and (d) include such other
standards or requirements as the commissioner of health and the
commissioner deem necessary for the safety and well being of the people
of the state.