S T A T E O F N E W Y O R K
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
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
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.