N.Y. Public Health Law § 4361: Transplant council

§ 4361. Transplant council. 1. There shall be created in the

department a transplant council which shall advise and make

recommendations to the commissioner on matters relating to organ

donation, procurement organizations, banks, and storage facilities and

other issues related to the donation, procurement, storage, allocation,

distribution, and transplantation of organs and tissue. The council

shall consist of twenty-one members of which seven, including the

chairperson, shall be appointed by the governor, seven by the temporary

president of the senate and seven by the speaker of the assembly. The

transplant council shall be composed of members of the general public,

transplant recipients or donors or their family members, representatives

of organ procurement organizations and banks or storage facilities,

physicians with expertise in organ and tissue transplantation and the

care of persons with end stage disease resulting from organ failure and

persons with expertise in histocompatibility typing, law and ethics.

2. The terms of office of members of the transplant council shall be

three years, provided, however, that of the members first appointed

seven shall be appointed for terms which shall expire on December

thirty-first, nineteen hundred ninety-two, seven shall be appointed for

terms which shall expire on December thirty-first, nineteen hundred

ninety-four and seven shall be appointed for terms which shall expire

December thirty-first, nineteen hundred ninety-six. Vacancies shall be

filled by appointment in like manner for the unexpired term of such

member.

3. The transplant council shall meet as frequently as its business may

require, and at least twice in each year.

4. The transplant council shall enact and from time to time may amend

by-laws in relation to its meetings and the transaction of its business.

5. A majority of the appointed voting membership of the transplant

council shall constitute a quorum.

6. The members of the council shall receive no compensation for their

services as members of the council, but each of them shall be allowed

the necessary and actual expenses which are incurred in the performance

of his or her duties under this article.

7. (a) The transplant council shall review existing federal law and

policies, including federal regulations and the policies of the federal

organ procurement and transplantation network governing organ

procurement organizations and procurement activities, and make

recommendations annually to the commissioner regarding state regulation

of organ donation procurement organizations and activities and tissue

banks and tissue procurement activities and transplantation.

(b) Prior to the commissioner's final approval and promulgation of

proposed rules and regulations relating to organ donation, procurement

and/or transplantation, if such rules and regulations are modified in

any respect, they shall be submitted to the council in accordance with

the provisions of subdivision three of section forty-three hundred

sixty-five of this article. If the commissioner determines not to

promulgate or amend such proposed rules and regulations as proposed by

the council, the commissioner shall provide a written explanation of

such determination to the council.