N.Y. Vehicle & Traffic Law § 117-e: Human organ delivery vehicle

§ 117-e. Human organ delivery vehicle. 1. Any vehicle which is owned

and operated by a certified organ procurement organization for the sole

purpose of transporting human organs and/or medical personnel for the

purpose of organ recovery or transplantation while engaged in an

emergency operation. For the purpose of this chapter, the term "organ

procurement organization" shall mean an organ procurement organization

as defined in subdivision five of section forty-three hundred sixty of

the public health law which is certified as a qualified organ

procurement organization by the federal centers for medicare and

medicaid services pursuant to section 273(b) of title 42 of the United

States code and section 486.303 of title 42 of the code of federal

regulations.

2. No human organ delivery vehicle shall be operated as an authorized

emergency vehicle unless: (a) the certified organ procurement

organization which owns and operates such vehicle is in compliance with

article forty-three-B of the public health law and rules and regulations

promulgated thereunder; (b) such vehicle is used solely for the purpose

of transporting human organs and/or medical personnel for the purpose of

organ recovery or transplantation while engaged in an emergency

operation; (c) such vehicle is designated and clearly identified as a

human organ delivery vehicle, and, prior to its operation as a human

organ delivery vehicle the certified organ procurement organization

which owns and operates such vehicle has received written authorization

from the commissioner of health for the operation of such vehicle as a

human organ delivery vehicle; (d) such vehicle is operated in compliance

with this chapter and with regulations promulgated pursuant thereto

including subdivision three of this section; and (e) the driver of such

vehicle has undergone training for the operation of authorized emergency

vehicles during emergency operations as approved pursuant to subdivision

three of this section, and a defensive driving course. The commissioner

of health may revoke or suspend a written authorization issued pursuant

to paragraph (c) of this subdivision on proof that a certified organ

procurement organization has failed to comply with the provisions of

this section or any rules and regulations promulgated pursuant thereto.

Provided, however, that any such revocations or suspensions shall be

subject to the same requirements for revocations, suspensions, hearings,

notice and review as set forth in subdivision two of section forty-three

hundred sixty-six of the public health law.

3. The commissioner of health, in consultation with the commissioner,

shall promulgate regulations to establish standards for the operation of

human organ delivery vehicles as authorized emergency vehicles pursuant

to this chapter. Such regulations shall, at a minimum: (a) establish

standards for the issuance of written authorization for the operation of

such vehicles; (b) establish standards for human organ delivery vehicle

operations, vehicles and equipment including compliance with this

chapter, and the training of human organ delivery vehicle drivers for

the safe operation of such vehicles during an emergency operation; (c)

require certified organ procurement organizations to establish and

enforce written policies concerning minimum qualifications and physical

requirements for human organ delivery vehicle drivers and for the

equipping and maintenance of such vehicles; and (d) include such other

standards or requirements as the commissioner of health and the

commissioner deem necessary for the safety and well being of the people

of the state.