N.Y. Public Health Law § 4362: Organ procurement organizations

§ 4362. Organ procurement organizations. 1. No person shall own or

operate an organ procurement organization that is principally located or

operated in New York state unless:

(a) the organization is currently designated by the secretary of

health and human services as an organ procurement organization; and

(b) the organ procurement organization is operated by a not-for-profit

corporation having a board of directors which meets no less than four

times annually or is operated by a hospital and has an advisory board

which meets no less than four times annually. At least thirty percent of

the members of the board of directors or advisory board shall be members

of the public not otherwise directly or indirectly affiliated with a

transplant center or organ procurement organization, and not more than

fifty percent shall be surgeons or physicians. Such board of directors

or advisory board shall include representatives of more than one

transplant center. The board of directors of an organ procurement

organization operated by a not-for-profit corporation or the advisory

board of an organ procurement organization operated by a hospital shall

be responsible for developing and adopting the written by-laws and

policies that govern the operation of the organ procurement

organization. All such by-laws and policies for an organ procurement

organization operated by a hospital shall be subject to approval by the

board of directors of the hospital. Written policies shall include, but

not be limited to: (i) policies and procedures to educate the public and

health care professionals about organ donations; (ii) medical standards

for donor screening and testing; (iii) policies and procedures for the

distribution of organs; (iv) procedures to ensure fiscal accountability

of the organ procurement organization; and (v) policies concerning any

arrangements or agreements that the organ procurement organization may

enter with tissue banks storage facilities or other organ procurement

organizations.

2. No hospital or other facility and no physician shall permit any

person to, and no person shall, procure organs for transplantation

unless such person has been designated in accordance with this article

or has been asked by a designated organ procurement organization to

procure a specified organ.

3. The commissioner, in consultation with the transplant council, may

promulgate regulations to establish standards for organ procurement

organizations regarding organ sharing among organ procurement

organizations in this state. Such standards shall include policies for

sera sharing or other measures to meet the needs of patients who are

highly sensitized and for whom it is difficult to identify a suitable

kidney due to conditions such as a blood transfusion, immunization,

prior pregnancy or a previous failed kidney transplant.