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STATE OF NEW YORK
________________________________________________________________________

6588

2011-2012 Regular Sessions

IN ASSEMBLY

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:

  Section  1. Subdivision 2 of section 4306 of the public health law, as
amended by chapter 589 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  When a donor is determined dead based on irreversible cessation of
circulatory and respiratory functions, the time of death shall be certi-
fied  by  a physician.  Such physician may not participate in the proce-
dure to remove or transplant the body part. In all other cases the  time
of  death  shall  be certified by the physician who attends the donor at
his death [and one other physician, neither of whom shall]. SUCH  PHYSI-
CIAN  MAY NOT participate in the procedure for removing or transplanting
the part.
  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