§ 3121. Council on human blood and transfusion services. 1. There is hereby created in the department a council on human blood and transfusion services, hereinafter known as the "council," to consist of the commissioner and eight other members appointed by the governor, with the advice and consent of the senate, one of whom shall be a representative of the public. The remaining appointive members shall have had experience or training having rendered them knowledgeable in the various aspects of blood banking services, and may include but shall not be limited to, representatives of voluntary and commercial blood banks, representatives of hospitals, and physicians. The governor shall designate one member to serve as chairman.

Terms Used In N.Y. Public Health Law 3121

  • 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.

2. The term of office of each appointive member of the council shall be for three years, provided, however, that of the members first appointed, three shall be appointed for terms which shall expire on December thirty-first, nineteen hundred seventy-four, three for terms which shall expire on December thirty-first, nineteen hundred seventy-five and two shall be appointed for terms which shall expire on December thirty-first, nineteen hundred seventy-six. Vacancies shall be filled by appointment for the unexpired term. The appointive members shall continue in office until the expiration of their terms and until their successors are appointed and have qualified.

3. The council shall meet as frequently as its business may require. The members of the council shall receive no compensation for their services as members of the council, but each of them shall be allowed the necessary and actual expenses which he shall incur in the performance of his duties under this section.

4. The commissioner, upon request of the council, shall designate an officer or employee of the department to act as secretary of the council, and shall assign from time to time such other employees as the council may require.

5. The council shall have power by the affirmative vote of a majority of its members to enact, and from time to time, amend and repeal, rules and regulations establishing minimum standards for the proper collection, processing, fractionation, storage, distribution, and supply of human blood or blood derivatives, for the purpose of transfusions, subject to approval by the commissioner.