N.Y. Public Health Law § 4307: Prohibition of sales and purchases of human organs

§ 4307. Prohibition of sales and purchases of human organs. 1. It

shall be unlawful for any person to knowingly acquire, receive, or

otherwise transfer for valuable consideration any part for use in human

transplantation. The term "valuable consideration" does not include the

reasonable payments associated with the removal, transportation,

implantation, processing, preservation, quality control, and storage of

a part or the expenses of travel, housing, and lost wages incurred by

the donor of a human part in connection with the donation of the part or

living donation. Any person who violates this section shall be guilty of

a class E felony.

2. For the purposes of this section, the donation of a kidney or other

organ from a live donor for transplantation into an individual

conditioned upon the donation and transplantation of a similar organ

into an individual specified by the donor shall not, in and of itself,

be considered to be "valuable consideration" provided that such donation

and transplant are performed in accordance with other applicable laws,

rules and regulations, including any specific rules and regulations the

commissioner may adopt, with the advice and consent of the transplant

council, with respect to such conditional donations. No individual may

make a donation conditioned upon the race, color, creed, national origin

or religious affiliation of the recipient, and no hospital, organ

procurement organization, tissue bank, physician or other professional

may participate in the performance of any procedure or otherwise

facilitate the donation and/or transfer of organs and/or tissue

conditioned on such factors.