Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 31, 2012 |
enacting clause stricken |
May 02, 2012 |
referred to health |
Assembly Bill A10059
2011-2012 Legislative Session
Sponsored By
BRENNAN
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A10059 (ACTIVE) - Details
2011-A10059 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10059 I N A S S E M B L Y May 2, 2012 ___________ Introduced by M. of A. BRENNAN -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to sales and purchases of human organs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 4307 of the public health law, as amended by chap- ter 362 of the laws of 2009, is amended to read as follows: S 4307. Prohibition of sales and purchases of human organs OR BODY PARTS. 1. It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any human organ for use in human transplantation, OR TO PROCURE ANY BODY PART IN VIOLATION OF THIS SECTION. [The term human organ means the human kidney, liver, heart, lung, bone marrow, and any other human organ or tissue as may be designated by the commissioner but shall exclude blood. The term "valuable consideration" does not include the reasonable payments asso- ciated with the removal, transportation, implantation, processing, pres- ervation, quality control, and storage of a human organ or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.] Any person who violates this section shall be guilty of a class E felony FOR EACH INSTANCE OF SALE. 2. For the purposes of this section, the donation of a kidney or other organ from a live donor for transplantation into an individual condi- tioned upon the donation and transplantation of a similar organ into an individual specified by the donor shall not, in and of itself, be considered to be "valuable consideration" provided that such donation and transplant are performed in accordance with other applicable laws, rules and regulations, including any specific rules and regulations the commissioner may adopt, with the advice and consent of the transplant council, with respect to such conditional donations. No individual may make a donation conditioned upon the race, color, creed, national origin or religious affiliation of the recipient, and no hospital, organ procurement organization, tissue bank, physician or other professional EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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