Bill Text: NY S04846 | 2009-2010 | General Assembly | Introduced

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Bill Title: Allows persons who have tested positive for HIV or AIDS to donate their organs to a person who has tested positive for exposure to HIV or any other causative agent of AIDS and he is in immediate threat of death unless such transplant is performed; sets forth definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S04846 Detail]

Download: New_York-2009-S04846-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4846
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  allowing  persons
         who have tested positive for HIV or AIDS to donate organs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 4360 of the public health law is amended by  adding
    2  four new subdivisions 11, 12, 13 and 14 to read as follows:
    3    11.  "HIV INFECTED DONOR" MEANS A DECEASED DONOR WHO WAS INFECTED WITH
    4  HIV OR A LIVING DONOR KNOWN TO BE INFECTED WITH HIV AND WHO  IS  WILLING
    5  TO DONATE A PART OF ONE OR MORE OF HIS OR HER ORGANS. A DETERMINATION OF
    6  THE  DONOR'S  HIV INFECTION SHALL BE MADE BY THE DONOR'S MEDICAL HISTORY
    7  OR BY SPECIFIC HIV RELATED TESTS.
    8    12. "AIDS" MEANS  ACQUIRED  IMMUNE  DEFICIENCY  SYNDROME,  AS  MAY  BE
    9  DEFINED  FROM  TIME  TO  TIME  BY THE CENTERS FOR DISEASE CONTROL OF THE
   10  UNITED STATES PUBLIC HEALTH SERVICE.
   11    13. "HIV INFECTION" MEANS INFECTION WITH  THE  HUMAN  IMMUNODEFICIENCY
   12  VIRUS  OR  ANY  OTHER  RELATED  VIRUS IDENTIFIED AS A PROBABLE CAUSATIVE
   13  AGENT OF AIDS.
   14    14. "HIV RELATED TEST" MEANS ANY LABORATORY TEST OR SERIES OF TESTS OF
   15  ANY VIRUS, ANTIBODY, ANTIGEN OR ETIOLOGIC AGENT  WHATSOEVER  THOUGHT  TO
   16  CAUSE OR TO INDICATE THE PRESENCE OF AIDS.
   17    S  2.  The public health law is amended by adding a new section 4363-a
   18  to read as follows:
   19    S 4363-A. ORGAN DONATION; HIV OR AIDS. 1. IT SHALL  BE  LAWFUL  FOR  A
   20  PERSON  TO  PERFORM  A  SOLID  ORGAN  TRANSPLANT OF AN ORGAN FROM AN HIV
   21  INFECTED DONOR TO A PERSON WHO HAS TESTED POSITIVE FOR EXPOSURE  TO  HIV
   22  OR  ANY OTHER IDENTIFIED CAUSATIVE AGENT OF AIDS AND WHO IS IN IMMEDIATE
   23  THREAT OF DEATH UNLESS THE TRANSPLANT IS PERFORMED. A TISSUE  BANK  THAT
   24  PROVIDES  AN ORGAN FROM AN HIV INFECTED DONOR UNDER THIS SECTION MAY NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01333-01-9
       S. 4846                             2
    1  BE CRIMINALLY OR CIVILLY LIABLE FOR THE FURNISHING OF SUCH  ORGAN  UNDER
    2  THIS SECTION.
    3    2.  FOR  THE  PURPOSES OF THIS SECTION, "SOLID ORGAN TRANSPLANT" SHALL
    4  MEAN THE SURGICAL TRANSPLANTATION OF AN ORGAN, AS SUCH TERM  IS  DEFINED
    5  IN  SUBDIVISION  FOUR OF SECTION FORTY-THREE HUNDRED SIXTY OF THIS ARTI-
    6  CLE. SOLID ORGAN TRANSPLANT SHALL NOT INCLUDE A BONE MARROW BASED TRANS-
    7  PLANT OR A BLOOD TRANSFUSION.
    8    S 3. This act shall take effect immediately.