§ 4307 — Prohibition of sales and purchases of human organs

New York § 4307

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 43: Anatomical Gifts

Text

§ 4307. Prohibition of sales and purchases of human organs. 1. It\nshall be unlawful for any person to knowingly acquire, receive, or\notherwise transfer for valuable consideration any part for use in human\ntransplantation. The term "valuable consideration" does not include the\nreasonable payments associated with the removal, transportation,\nimplantation, processing, preservation, quality control, and storage of\na part or the expenses of travel, housing, and lost wages incurred by\nthe donor of a human part in connection with the donation of the part or\nliving donation. Any person who violates this section shall be guilty of\na class E felony.\n 2. For the purposes of this section, the donation of a kidney or other\norgan from a live donor for transplantation into an individual\nconditioned upon the donation and transplantation of a similar organ\ninto an individual specified by the donor shall not, in and of itself,\nbe considered to be "valuable consideration" provided that such donation\nand transplant are performed in accordance with other applicable laws,\nrules and regulations, including any specific rules and regulations the\ncommissioner may adopt, with the advice and consent of the transplant\ncouncil, with respect to such conditional donations. No individual may\nmake a donation conditioned upon the race, color, creed, national origin\nor religious affiliation of the recipient, and no hospital, organ\nprocurement organization, tissue bank, physician or other professional\nmay participate in the performance of any procedure or otherwise\nfacilitate the donation and/or transfer of organs and/or tissue\nconditioned on such factors.\n