Relates to the sale or purchase of human body parts

Summary of provisions

Section 1 of this bill amends section 4307 of the Public Health Law to prohibit the sale of human organs and body parts other than blood and ocular tissue. Subdivision 1 is changed to add "or procure any body part in violation of this section." Further, subdivision 1 provides that any person who violates this section shall be guilty of a class E felony for each instance of sale. The definition of human organ is removed from this subdivision.

A new subdivision 3 is added to section 4307 of the Public Health Law to define terms. Paragraph (a) defines "procure" as meaning and including the act of knowingly acquiring, receiving, or otherwise transferring. Paragraph (b) defines "human organ" as kidney, liver, heart, lung, bone marrow, and any other human organ or tissue as may be designated by the commissioner but shall exclude blood, and ocular tissue which is recovered by licensed eye bank personnel. Paragraph (c) defines the term "valuable consideration." Paragraph (d) defines "body part" to mean and include the terms included in the definition of body part pursuant to subdivision 5 of section 4300 of the current article, but shall exclude blood and ocular tissue recovered by licensed eye bank personnel or any other element the commissioner deems necessary.

A new subdivision 4 is added to section 4307 of the Public Health Law which provides that the commissioner has to prescribe rules and regulations concerning procurement of human body parts, but at a minimum all procurement must be performed only by a facility registered with the department to do such, all facilities registered for this must document the procurement of each body part, retain the documentation for a minimum of 6 years from the date of the procurement, and produce the documentation upon request by the department or any police officer acting in his or her official capacity, and also no funeral director, undertaker, registered resident, mortuary student or registered funeral home or facility shall conduct or participate in procurement of human body parts.

Section 2 of this bill provides that this act shall take effect on the one hundred twentieth day after it shall have become a law.

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

2014: S.2235 - Referred to Codes 2013: S.2235 - Passed the Senate 2012: S.2147-B - Advanced to Third Reading 2011: S.2147-B - Passed the Senate 2010: S.2187 - Referred to Health 2009: S.2187 - Referred to Health 2008: S.209 - Passed the Senate 2007: S.209 - Passed the Senate 2006: S.8477 - Referred to Rules

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.