§ 4361 — Transplant council

§ 4361. Transplant council. 1. There shall be created in the\ndepartment a transplant council which shall advise and make\nrecommendations to the commissioner on matters relating to organ\ndonation, procurement organizations, banks, and storage facilities and\nother issues related to the donation, procurement, storage, allocation,\ndistribution, and transplantation of organs and tissue. The council\nshall consist of twenty-one members of which seven, including the\nchairperson, shall be appointed by the governor, seven by the temporary\npresident of the senate and seven by the speaker of the assembly. The\ntransplant council shall be composed of members of the general public,\ntransplant recipients or donors or their family members, representatives\nof organ procurement organizations and banks or storage facilities,\nphysicians with expertise in organ and tissue transplantation and the\ncare of persons with end stage disease resulting from organ failure and\npersons with expertise in histocompatibility typing, law and ethics.\n 2. The terms of office of members of the transplant council shall be\nthree years, provided, however, that of the members first appointed\nseven shall be appointed for terms which shall expire on December\nthirty-first, nineteen hundred ninety-two, seven shall be appointed for\nterms which shall expire on December thirty-first, nineteen hundred\nninety-four and seven shall be appointed for terms which shall expire\nDecember thirty-first, nineteen hundred ninety-six. Vacancies shall be\nfilled by appointment in like manner for the unexpired term of such\nmember.\n 3. The transplant council shall meet as frequently as its business may\nrequire, and at least twice in each year.\n 4. The transplant council shall enact and from time to time may amend\nby-laws in relation to its meetings and the transaction of its business.\n 5. A majority of the appointed voting membership of the transplant\ncouncil shall constitute a quorum.\n 6. The members of the council shall receive no compensation for their\nservices as members of the council, but each of them shall be allowed\nthe necessary and actual expenses which are incurred in the performance\nof his or her duties under this article.\n 7. (a) The transplant council shall review existing federal law and\npolicies, including federal regulations and the policies of the federal\norgan procurement and transplantation network governing organ\nprocurement organizations and procurement activities, and make\nrecommendations annually to the commissioner regarding state regulation\nof organ donation procurement organizations and activities and tissue\nbanks and tissue procurement activities and transplantation.\n (b) Prior to the commissioner's final approval and promulgation of\nproposed rules and regulations relating to organ donation, procurement\nand/or transplantation, if such rules and regulations are modified in\nany respect, they shall be submitted to the council in accordance with\nthe provisions of subdivision three of section forty-three hundred\nsixty-five of this article. If the commissioner determines not to\npromulgate or amend such proposed rules and regulations as proposed by\nthe council, the commissioner shall provide a written explanation of\nsuch determination to the council.\n