§ 4360 — Definitions

New York § 4360

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Organ, Tissue and Body Parts Procurement and Storage
• Art. 43-B: Organ Procurement and Donor Support

Text

§ 4360. Definitions. The following words or phrases, used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n 1. "Bank" or "storage facility" means any person or facility, which\nprocures, stores or arranges for the storage of (a) non-transplant\norgans, or (b) tissue for transplantation, therapy, education, research,\nor fertilization purposes, including autologous procedures. An organ\nprocurement organization shall not constitute a bank or storage facility\nsolely by virtue of storing or arranging for the storage of heart\nvalves, nor shall any person or entity which stores non-transplant\norgans or tissues solely for the purpose of research and/or education\nconducted by such person or entity be deemed a bank or storage facility.\n 2. "Controlling person" means any person who by reason of a direct or\nindirect ownership interest (whether of record or beneficial) has the\nability, acting either alone or in concert with others with ownership\ninterests, to direct or cause the direction of the management or\npolicies of said corporation, partnership, or other entity. Neither the\ncommissioner nor any employee of the department nor any member of a\nlocal legislative body of a county or municipality, nor any county or\nmunicipal official, shall, by reason of his or her official position, be\ndeemed a controlling person of any corporation, partnership, or other\nentity, nor shall any person who serves as an employee of any\ncorporation, partnership, or other entity be deemed to be a controlling\nperson of such corporation, partnership, or other entity as a result of\nsuch position or his or her official actions in such position.\n 3. "Non-transplant organ" means an organ procured for education or\nresearch purposes.\n 4. "Organ" means a human kidney, heart, heart valve, lung, pancreas,\nliver or any other organ designated by the commissioner in regulation in\nconsultation with the transplant council.\n 5. "Organ procurement organization" or "procurement organization"\nmeans a person, facility, or institution engaged in procuring organs for\ntransplantation or therapy purposes, but does not include (a) facilities\nor institutions which permit procurement activities to be conducted on\ntheir premises by employees or agents of an approved organ procurement\norganization, or (b) facilities or consortia of facilities which conduct\ntransplantation activities in accordance with article twenty-eight of\nthis chapter when the organ is procured through an approved organ\nprocurement organization, licensed bank or storage facility, or a living\ndonor. A bank or storage facility shall not constitute an organ\nprocurement organization solely by virtue of procuring heart valves.\n 6. "Person" means an individual, corporation, government or\ngovernmental subdivision or agency other than the office of mental\nhealth, business trust, estate trust, partnership or association, or any\nother legal entity.\n 7. "Principal stockholder" means any person who owns (whether of\nrecord or as beneficiary), holds or has the power to vote, ten percent\nor more of any class of securities issued by a corporation.\n 8. "Procure" or "procurement activity" means any activity which is\nnecessary for the procurement of organs or tissue for transplantation,\nresearch, education, therapy, fertilization, or autologous purposes\nincluding solicitation, retrieval, donor selection and testing, clinical\nlaboratory testing, including typing, preservation, transportation,\nallocation, distribution, storage, and payment activities.\n 9. "Service area" means the geographic area of service approved by the\nsecretary of health and human services, or, in the absence of such\napproval, by the department.\n 10. "Tissue" means a human eye, skin, bone, bone marrow, heart valve,\nspermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a\nfluid other than blood or a blood derivative.\n