Relates to the sale or purchase of human body parts

1 Co-sponsor

• Simcha Felder

BILL NUMBER:S2235

Title of bill

An act to amend the public health law, in relation to sales and purchases of human organs

Purpose

To address current shortcomings in the public Health law with respect to the harvesting of body parts, specifically in the context of non-organ tissue.

Summary of provisions

Section one amends section 4307 of the public health law to prohibit the sale of human organs and body parts other than blood and ocular tissue.

Existing law

Current law prohibits the sale of human organs, but not human body parts.

Justification

Amid scandals involving the illegal buying, selling and distribution of human tissue by funeral homes and licensed biomedical companies, deficiencies in current law with respect to this area have become apparent. These scandals have involved funeral homes removing tissue (e.g. skin, bone, organs and non-organ tissue) from bodies before embalming or cremation without the permission of the deceased's family. The tissue was then sold illegally to biomedical companies who would then present it as legitimately harvested tissue. In some instances, the ages of donors had been changed and unscreened tissue taken from cancer patients had been used in implant and replacement procedures.

Obviously, this practice most directly affected the families of the deceased and the recipients of the tissue. The disregard of the wellbeing of patient and lack of respect for the dead exhibited by the perpetrators of these schemes is astonishing. This bill creates stricter regulation of harvesting procedures, thereby reducing the possibility that such an atrocity will ever happen again.

Legislative history

2011-2012: S.2147B - Committed to Rules 06/21/12 2009-10: S.2187 - Referred to Health 2007-08: S.209 - Referred to Health, Passed Senate

Fiscal implications

None.

Local fiscal implications

EFFECTIVE DATE: 120th day after it shall have become a law.