N.Y. Public Health Law § 4360: Definitions

§ 4360. Definitions. The following words or phrases, used in this

article, shall have the following meanings, unless the context otherwise

requires:

1. "Bank" or "storage facility" means any person or facility, which

procures, stores or arranges for the storage of (a) non-transplant

organs, or (b) tissue for transplantation, therapy, education, research,

or fertilization purposes, including autologous procedures. An organ

procurement organization shall not constitute a bank or storage facility

solely by virtue of storing or arranging for the storage of heart

valves, nor shall any person or entity which stores non-transplant

organs or tissues solely for the purpose of research and/or education

conducted by such person or entity be deemed a bank or storage facility.

2. "Controlling person" means any person who by reason of a direct or

indirect ownership interest (whether of record or beneficial) has the

ability, acting either alone or in concert with others with ownership

interests, to direct or cause the direction of the management or

policies of said corporation, partnership, or other entity. Neither the

commissioner nor any employee of the department nor any member of a

local legislative body of a county or municipality, nor any county or

municipal official, shall, by reason of his or her official position, be

deemed a controlling person of any corporation, partnership, or other

entity, nor shall any person who serves as an employee of any

corporation, partnership, or other entity be deemed to be a controlling

person of such corporation, partnership, or other entity as a result of

such position or his or her official actions in such position.

3. "Non-transplant organ" means an organ procured for education or

research purposes.

4. "Organ" means a human kidney, heart, heart valve, lung, pancreas,

liver or any other organ designated by the commissioner in regulation in

consultation with the transplant council.

5. "Organ procurement organization" or "procurement organization"

means a person, facility, or institution engaged in procuring organs for

transplantation or therapy purposes, but does not include (a) facilities

or institutions which permit procurement activities to be conducted on

their premises by employees or agents of an approved organ procurement

organization, or (b) facilities or consortia of facilities which conduct

transplantation activities in accordance with article twenty-eight of

this chapter when the organ is procured through an approved organ

procurement organization, licensed bank or storage facility, or a living

donor. A bank or storage facility shall not constitute an organ

procurement organization solely by virtue of procuring heart valves.

6. "Person" means an individual, corporation, government or

governmental subdivision or agency other than the office of mental

health, business trust, estate trust, partnership or association, or any

other legal entity.

7. "Principal stockholder" means any person who owns (whether of

record or as beneficiary), holds or has the power to vote, ten percent

or more of any class of securities issued by a corporation.

8. "Procure" or "procurement activity" means any activity which is

necessary for the procurement of organs or tissue for transplantation,

research, education, therapy, fertilization, or autologous purposes

including solicitation, retrieval, donor selection and testing, clinical

laboratory testing, including typing, preservation, transportation,

allocation, distribution, storage, and payment activities.

9. "Service area" means the geographic area of service approved by the

secretary of health and human services, or, in the absence of such

approval, by the department.

10. "Tissue" means a human eye, skin, bone, bone marrow, heart valve,

spermatozoon, ova, artery, vein, tendon, ligament, pituitary gland or a

fluid other than blood or a blood derivative.