This text of New York § 4362 (Organ procurement organizations) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 4362. Organ procurement organizations.
1.No person shall own or\noperate an organ procurement organization that is principally located or\noperated in New York state unless:\n (a) the organization is currently designated by the secretary of\nhealth and human services as an organ procurement organization; and\n (b) the organ procurement organization is operated by a not-for-profit\ncorporation having a board of directors which meets no less than four\ntimes annually or is operated by a hospital and has an advisory board\nwhich meets no less than four times annually. At least thirty percent of\nthe members of the board of directors or advisory board shall be members\nof the public not otherwise directly or indirectly affiliated with a\ntransplant center or organ procurement organizati
Free access — add to your briefcase to read the full text and ask questions with AI
§ 4362. Organ procurement organizations. 1. No person shall own or\noperate an organ procurement organization that is principally located or\noperated in New York state unless:\n (a) the organization is currently designated by the secretary of\nhealth and human services as an organ procurement organization; and\n (b) the organ procurement organization is operated by a not-for-profit\ncorporation having a board of directors which meets no less than four\ntimes annually or is operated by a hospital and has an advisory board\nwhich meets no less than four times annually. At least thirty percent of\nthe members of the board of directors or advisory board shall be members\nof the public not otherwise directly or indirectly affiliated with a\ntransplant center or organ procurement organization, and not more than\nfifty percent shall be surgeons or physicians. Such board of directors\nor advisory board shall include representatives of more than one\ntransplant center. The board of directors of an organ procurement\norganization operated by a not-for-profit corporation or the advisory\nboard of an organ procurement organization operated by a hospital shall\nbe responsible for developing and adopting the written by-laws and\npolicies that govern the operation of the organ procurement\norganization. All such by-laws and policies for an organ procurement\norganization operated by a hospital shall be subject to approval by the\nboard of directors of the hospital. Written policies shall include, but\nnot be limited to: (i) policies and procedures to educate the public and\nhealth care professionals about organ donations; (ii) medical standards\nfor donor screening and testing; (iii) policies and procedures for the\ndistribution of organs; (iv) procedures to ensure fiscal accountability\nof the organ procurement organization; and (v) policies concerning any\narrangements or agreements that the organ procurement organization may\nenter with tissue banks storage facilities or other organ procurement\norganizations.\n 2. No hospital or other facility and no physician shall permit any\nperson to, and no person shall, procure organs for transplantation\nunless such person has been designated in accordance with this article\nor has been asked by a designated organ procurement organization to\nprocure a specified organ.\n 3. The commissioner, in consultation with the transplant council, may\npromulgate regulations to establish standards for organ procurement\norganizations regarding organ sharing among organ procurement\norganizations in this state. Such standards shall include policies for\nsera sharing or other measures to meet the needs of patients who are\nhighly sensitized and for whom it is difficult to identify a suitable\nkidney due to conditions such as a blood transfusion, immunization,\nprior pregnancy or a previous failed kidney transplant.\n