§ 4300 Definitions
§ 4301 Persons Who May Execute an Anatomical Gift
§ 4302 Uses and Disposition of Anatomical Gifts
§ 4303 Manner of Executing Anatomical Gifts
§ 4304 Delivery of Document of Gift
§ 4305 Amendments or Revocation of the Gift
§ 4306 Rights and Duties At Death
§ 4306-A Advanced Directives in Health Care Proxies
§ 4306-B Withdrawal of Life-Sustaining Treatment
§ 4307 Prohibition of Sales and Purchases of Human Organs
§ 4308 Prohibition On Charging a Fee to a Donor’s Estate
§ 4309 Application
§ 4310 New York State Donate Life Registry for Organ, Eye and Tissue Donations

Terms Used In New York Laws > Public Health > Article 43 - Anatomical Gifts

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chambers: A judge's office.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: means a deceased individual of any age whose body or part is or may be the source of an anatomical gift. See N.Y. Public Health Law 4300
  • Decedent: A deceased person.
  • Disinterested witness: means a witness other than the spouse, domestic partner, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or a close friend, or another adult who is related to the decedent by blood, marriage, or adoption. See N.Y. Public Health Law 4300
  • Docket: A log containing brief entries of court proceedings.
  • document of gift: includes a statement on a driver's license, identification card, enrollment in a donor registry, or any other anatomical gift document valid pursuant to the laws of this or any other state or of any document of gift valid pursuant to the laws of any other country appearing on a list of countries maintained by the commissioner for such purpose and published on the department's website. See N.Y. Public Health Law 4300
  • Donee: means an individual or entity authorized to accept an anatomical gift pursuant to section forty-three hundred two of this article. See N.Y. Public Health Law 4300
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See N.Y. Public Health Law 4300
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See N.Y. Public Health Law 4300
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a donation of a whole body or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, research or education. See N.Y. Public Health Law 4300
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See N.Y. Public Health Law 4300
  • Hospital: means a hospital licensed, accredited, or approved under the laws of any state and includes a hospital operated by the United States Government, a state, or a subdivision thereof, although not required to be licensed under state laws. See N.Y. Public Health Law 4300
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Non-transplant anatomic bank: means any person or facility that solicits, retrieves, performs donor selection and/or testing, preserves, transport, allocates, distributes, acquires, processes, stores, or arranges for the storage of non-transplant anatomic parts, including whole bodies, body segments, organs, or tissues from living or deceased donors, for education and/or research purposes specifically authorized by section forty-three hundred two of this article. See N.Y. Public Health Law 4300
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organ procurement organization: means a person designated by the secretary of the United States Department of Health and Human Services as an organ procurement organization. See N.Y. Public Health Law 4300
  • Parent: means a parent whose parental rights have not been terminated. See N.Y. Public Health Law 4300
  • part: includes "parts". See N.Y. Public Health Law 4300
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Probate: Proving a will
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See N.Y. Public Health Law 4300
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See N.Y. Public Health Law 4300
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See N.Y. Public Health Law 4300
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See N.Y. Public Health Law 4300
  • Refusal: means a record created under section forty-three hundred five of this article that expressly states an intent to bar other persons from making an anatomical gift. See N.Y. Public Health Law 4300
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: includes any state, district, commonwealth, territory, insular possession, and any other area subject to the legislative authority of the United States of America. See N.Y. Public Health Law 4300
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See N.Y. Public Health Law 4300
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to solicit, retrieve, perform donor selection and/or testing, preserve, transport, allocate, distribute, acquire, process, store or arrange for the storage of human tissues for transplantation, transfer, therapy, artificial insemination or implantation, including autogeneic procedures. See N.Y. Public Health Law 4300
  • Whole body: means the intact corporeal remains of an individual after the time of death. See N.Y. Public Health Law 4300