Prohibits the procurement of human body parts for use in human transplantation except as provided by law; requires that procurement of body parts be performed only at registered facilities and requires reporting to the county medical examiner or coroner.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
TITLE OF BILL: An act to amend the public health law, in relation to sales and purchases of human organs
PURPOSE: To address current shortcomings in the public Health law with respect to the harvesting of body parte, specifically in the context of non-organ tissue.
SUMMARY OF PROVISIONS: Section one amends section 4307 of the public health law to prohibit the sale of human organs and body parts.
JUSTIFICATION: Amid scandals involving the illegal buying, selling and distribution of human tissue by funeral homes and licensed biomedical companies, deficiencies in current law with respect to this area have become apparent. These scandals have involved funeral homes removing tissue (e.g. skin, bone, organs and non-organ tissue) from bodies before embalming or cremation without the permission of the deceased's family. The tissue was then sold illegally to biomedical companies who would then present it as legitimately harvested tissue. In some instances, the ages of donors had been changed and unscreened tissue taken from cancer patients had been used in implant and replacement procedures.
Obviously, this practice most directly affected the families of the deceased and the recipients of the tissue. The disregard of the wellbeing of patient and lack of respect for the dead exhibited by the perpetrators of these schemes is astonishing. This bill creates stricter regulation of harvesting procedures, thereby reducing the possibility that such an atrocity will ever happen again.
LEGISLATIVE HISTORY: 2007-08: S.209 - Referred to Health, Passed Senate 2009-10: S.2187 - Referred to Health
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2147 2011-2012 Regular Sessions IN SENATE January 18, 2011 ___________Introduced by Sens. GOLDEN, DeFRANCISCO, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee 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 transplantEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05136-01-1 S. 2147 2
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 may participate in the performance of any procedure or otherwise facili- tate the donation and/or transfer of organs and/or tissue conditioned on such factors. 3. FOR PURPOSES OF THIS SECTION: (A) THE TERM "PROCURE" MEANS AND INCLUDES THE ACT OF KNOWINGLY ACQUIR- ING, RECEIVING, OR OTHERWISE TRANSFERRING; (B) 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; (C) THE TERM "VALUABLE CONSIDERATION" DOES NOT INCLUDE THE REASONABLE PAYMENTS ASSOCIATED WITH THE REMOVAL, TRANSPORTATION, IMPLANTATION, PROCESSING, PRESERVATION, 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 OR REASON- ABLE COMPENSATION FOR RESTORATIVE WORK PERFORMED BY A LICENSED FUNERAL DIRECTOR IN CONNECTION WITH PROCUREMENT OF A HUMAN ORGAN; (D) THE TERM "BODY PART" MEANS AND INCLUDES THE TERMS INCLUDED IN THE DEFINITION OF BODY PART PURSUANT TO SUBDIVISION FIVE OF SECTION FORTY-THREE HUNDRED OF THIS ARTICLE, BUT SHALL EXCLUDE BLOOD OR ANY OTHER ELEMENT AS THE COMMISSIONER MAY DEEM NECESSARY. 4. THE COMMISSIONER SHALL PRESCRIBE RULES AND REGULATIONS CONCERNING PROCUREMENT OF HUMAN BODY PARTS, WHICH SHALL REQUIRE AT A MINIMUM THAT (A) ALL PROCUREMENT OF SUCH BODY PARTS BE PERFORMED ONLY BY A FACILITY REGISTERED WITH THE DEPARTMENT TO UNDERTAKE SUCH PROCUREMENT, (B) ALL FACILITIES REGISTERED FOR PROCUREMENT OF HUMAN BODY PARTS SHALL REPORT AND DOCUMENT THE PROCUREMENT OF EACH BODY PART TO THE MEDICAL EXAMINER OR CORONER OF THE COUNTY WHERE THE FACILITY IS LOCATED, AND (C) NO FUNERAL DIRECTOR, UNDERTAKER, REGISTERED RESIDENT, MORTUARY STUDENT OR REGISTERED FUNERAL HOME OR FACILITY SHALL CONDUCT OR PARTICIPATE IN PROCUREMENT OF HUMAN BODY PARTS. S 2. This act shall take effect immediately.