This text of New York § 117-E (Human organ delivery vehicle) 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.
§ 117-e. Human organ delivery vehicle.
1.Any vehicle which is owned\nand operated by a certified organ procurement organization for the sole\npurpose of transporting human organs and/or medical personnel for the\npurpose of organ recovery or transplantation while engaged in an\nemergency operation. For the purpose of this chapter, the term "organ\nprocurement organization" shall mean an organ procurement organization\nas defined in subdivision five of section forty-three hundred sixty of\nthe public health law which is certified as a qualified organ\nprocurement organization by the federal centers for medicare and\nmedicaid services pursuant to section 273(b) of title 42 of the United\nStates code and section 486.303 of title 42 of the code of federal\nregulations.\n 2. No human organ
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§ 117-e. Human organ delivery vehicle. 1. Any vehicle which is owned\nand operated by a certified organ procurement organization for the sole\npurpose of transporting human organs and/or medical personnel for the\npurpose of organ recovery or transplantation while engaged in an\nemergency operation. For the purpose of this chapter, the term "organ\nprocurement organization" shall mean an organ procurement organization\nas defined in subdivision five of section forty-three hundred sixty of\nthe public health law which is certified as a qualified organ\nprocurement organization by the federal centers for medicare and\nmedicaid services pursuant to section 273(b) of title 42 of the United\nStates code and section 486.303 of title 42 of the code of federal\nregulations.\n 2. No human organ delivery vehicle shall be operated as an authorized\nemergency vehicle unless: (a) the certified organ procurement\norganization which owns and operates such vehicle is in compliance with\narticle forty-three-B of the public health law and rules and regulations\npromulgated thereunder; (b) such vehicle is used solely for the purpose\nof transporting human organs and/or medical personnel for the purpose of\norgan recovery or transplantation while engaged in an emergency\noperation; (c) such vehicle is designated and clearly identified as a\nhuman organ delivery vehicle, and, prior to its operation as a human\norgan delivery vehicle the certified organ procurement organization\nwhich owns and operates such vehicle has received written authorization\nfrom the commissioner of health for the operation of such vehicle as a\nhuman organ delivery vehicle; (d) such vehicle is operated in compliance\nwith this chapter and with regulations promulgated pursuant thereto\nincluding subdivision three of this section; and (e) the driver of such\nvehicle has undergone training for the operation of authorized emergency\nvehicles during emergency operations as approved pursuant to subdivision\nthree of this section, and a defensive driving course. The commissioner\nof health may revoke or suspend a written authorization issued pursuant\nto paragraph (c) of this subdivision on proof that a certified organ\nprocurement organization has failed to comply with the provisions of\nthis section or any rules and regulations promulgated pursuant thereto.\nProvided, however, that any such revocations or suspensions shall be\nsubject to the same requirements for revocations, suspensions, hearings,\nnotice and review as set forth in subdivision two of section forty-three\nhundred sixty-six of the public health law.\n 3. The commissioner of health, in consultation with the commissioner,\nshall promulgate regulations to establish standards for the operation of\nhuman organ delivery vehicles as authorized emergency vehicles pursuant\nto this chapter. Such regulations shall, at a minimum: (a) establish\nstandards for the issuance of written authorization for the operation of\nsuch vehicles; (b) establish standards for human organ delivery vehicle\noperations, vehicles and equipment including compliance with this\nchapter, and the training of human organ delivery vehicle drivers for\nthe safe operation of such vehicles during an emergency operation; (c)\nrequire certified organ procurement organizations to establish and\nenforce written policies concerning minimum qualifications and physical\nrequirements for human organ delivery vehicle drivers and for the\nequipping and maintenance of such vehicles; and (d) include such other\nstandards or requirements as the commissioner of health and the\ncommissioner deem necessary for the safety and well being of the people\nof the state.\n