1. It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any part for use in human transplantation. The term “valuable consideration” does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a part or the expenses of travel, housing, and lost wages incurred by the donor of a human part in connection with the donation of the part or living donation. Any person who violates this section shall be guilty of a class E felony.
Terms Used In N.Y. Public Health Law 4307
- 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.
- 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
- Felony: A crime carrying a penalty of more than a year in prison.
- 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
- part: includes "parts". See N.Y. Public Health Law 4300
- Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See N.Y. Public Health Law 4300
- 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
2. For the purposes of this section, the donation of a kidney or other organ from a live donor for transplantation into an individual conditioned 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 transplant 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 facilitate the donation and/or transfer of organs and/or tissue conditioned on such factors.