S T A T E O F N E W Y O R K
________________________________________________________________________
1705
2015-2016 Regular Sessions
I N S E N A T E
January 14, 2015
___________
Introduced by Sen. GOLDEN -- 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:
1 Section 1. Subdivision 1 of section 4307 of the public health law, as
2 amended by chapter 362 of the laws of 2009, is amended to read as
3 follows:
4 1. It shall be unlawful for any person to knowingly acquire, receive,
5 or otherwise transfer for valuable consideration any human organ for use
6 in human transplantation. The term human organ means the human kidney,
7 liver, heart, lung, bone marrow, and any other human organ or tissue as
8 may be designated by the commissioner but shall exclude blood. The term
9 "valuable consideration" does not include the reasonable payments asso-
10 ciated with the removal, transportation, implantation, processing, pres-
11 ervation, quality control, and storage of a human organ or the expenses
12 of travel, housing, and lost wages incurred by the donor of a human
13 organ in connection with the donation of the organ. Any person who
14 violates this section shall be guilty of a class E felony FOR EACH
15 INSTANCE OF SALE.
16 S 2. This act shall take effect one the one hundred twentieth day
17 after it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02031-01-5