S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6588
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 22, 2011
                                      ___________
       Introduced  by M. of A. CONTE -- read once and referred to the Committee
         on Health
       AN ACT to amend the public health law, in relation to requiring only one
         physician to certify the death of a transplant donor
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 2 of section 4306 of the public health law, as
    2  amended by chapter 589 of the laws  of  1990,  is  amended  to  read  as
    3  follows:
    4    2.  When a donor is determined dead based on irreversible cessation of
    5  circulatory and respiratory functions, the time of death shall be certi-
    6  fied  by  a physician.  Such physician may not participate in the proce-
    7  dure to remove or transplant the body part. In all other cases the  time
    8  of  death  shall  be certified by the physician who attends the donor at
    9  his death [and one other physician, neither of whom shall]. SUCH  PHYSI-
   10  CIAN  MAY NOT participate in the procedure for removing or transplanting
   11  the part.
   12    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10125-01-1