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Who cares
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Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to allowing persons who have tested positive for HIV or AIDS to donate organs
Purpose
To allow those with HIV/AIDS to donate organs to another who has HIV/AIDS.
Summary of provisions
Section One is the definition section.
Section Two adds new section 4363-a to the Public Health Law. It states that it shall be lawful for a person to perform a solid organ transplant of an organ from an HIV infected donor to a person who has tested positive for exposure to HIV or any other identified causative agent of AIDS and who is in immediate threat of death unless the transplant is performed. A tissue bank that provides an organ from an HIV infected donor under this section may not be criminally or civilly liable for the furnishing of such organ under this section.
"Solid Organ transplant" shall not include bone marrow based transplant or a blood transfusion.
Existing law
Current law does not allow persons infected with HIV/AIDS to donate organs to other HIV/AIDS infected patients.
Justification
In the past, people living with HIV were not considered good candidates for organ donation because of their reduced life expectancy. However, with the advancement of drug treatments HIV patients are living longer, more productive lives.
Currently, HIV-infected organs as discarded to prevent their use in transplant. But, these organs can be used to prolong the lives of HIV patients. Enactment of this legislation will go a long way toward helping the growing number of people with HIV/AIDS who will face organ failure and need an organ transplant. Hepatitis-related liver failure is increasingly a problem for people with HIV. Expanding transplant options for them will mean the difference between life and death for these individuals.
This legislation is not without precedence. In 2004 the State of Illinois signed similar legislation into law.
Legislative history
2006: S.7376 Died in Senate Health Committee.
Fiscal implications
Minimal.
Local fiscal implications
Minimal.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.