N.Y. PBH Law § 4302 — New York Code / Act PBH / Article 43 / Section 4302
Uses and dispositions of anatomical gifts
Status: in_force

§ 4302. Uses and dispositions of anatomical gifts. 1. All anatomical\ngifts made under this article may be made to the following persons named\nin the document of gift:\n  (a) a hospital; accredited medical school, dental school, college or\nuniversity; organ procurement organization; non-transplant anatomic\nbank; or other appropriate person, for research or education;\n  (b) subject to the provisions of subdivision two of this section, an\nindividual designated by the person making the anatomical gift if the\nindividual is the recipient of that part; if an anatomical gift to an\nindividual under this paragraph cannot be transplanted into the\nindividual, the part passes in accordance with subdivision six of this\nsection in the absence of an express, contrary indication by the\nauthorizing party making the anatomical gift; or\n  (c) an eye bank or tissue bank.\n  2. If an anatomical gift of one or more specific parts or of all parts\nis made in a document of gift that does not name a person described in\nsubdivision one of this section, but identifies the purpose for which an\nanatomical gift may be used, the following rules apply:\n  (a) If the part is an eye and the gift is for the purpose of\ntransplantation or therapy, the gift passes to the appropriate eye bank.\n  (b) If the part is tissue and the gift is for the purpose of\ntransplantation or therapy, the gift passes to the appropriate tissue\nbank.\n  (c) If the part is an organ and the gift is for the purpose of\ntransplantation or therapy, the gift passes to the appropriate organ\nprocurement organization as custodian of the organ.\n  (d) If the part is an organ, eye, or tissue and the gift is for the\npurpose of research or education, the gift passes to the appropriate\nprocurement organization.\n  3. For the purposes of subdivision two of this section, if there is\nmore than one purpose of an anatomical gift set forth in the document of\ngift but the purposes are not set forth in any priority, the gift must\nbe used for transplantation or therapy, if suitable. If the gift cannot\nbe used for transplantation or therapy, the gift may be used for\nresearch or education.\n  4. If an anatomical gift of one or more specific parts is made in a\ndocument of gift that does not name a person described in subdivision\none of this section and does not identify the purpose of the gift, the\ngift may be used only for transplantation or therapy, and the gift\npasses in accordance with subdivision six of this section.\n  5. If a document of gift specifies only a general intent to make an\nanatomical gift by words such as "donor", "organ donor" or "body donor",\nor a statement of similar import, the gift may be used only for\ntransplantation or therapy, and the gift passes in accordance with\nsubdivision six of this section.\n  6. For purposes of subdivisions four, five and paragraph (b) of\nsubdivision one of this section, the following rules apply:\n  (a) If the part is an eye, the gift passes to the appropriate eye\nbank.\n  (b) If the part is tissue, the gift passes to the appropriate tissue\nbank.\n  (c) If the part is an organ, the gift passes to the appropriate organ\nprocurement organization as custodian of the organ.\n  7. An anatomical gift of an organ for transplantation or therapy,\nother than an anatomical gift under paragraph (b) of subdivision one of\nthis section, passes to the organ procurement organization as custodian\nof the organ.\n  8. If a prospective donor has been referred to a procurement\norganization or tissue bank pursuant to state or federal law, and the\nprocurement organization has determined that the gift is medically\nunsuitable for transplant, or to the extent that a non-transplant\nanatomical gift may still be honored after a gift has been made pursuant\nto a superseding document of gift, then the procurement organization\nshall make reasonable efforts to determine whether the donor has\npreviously made a gift of his or her body or parts for education or\nresearch, and the procurement organization informed of such gift shall\nnotify the non-transplant anatomic bank of the gift consistent with the\ndonor's intent.\n  9. If an anatomical gift does not pass pursuant to subdivisions one,\ntwo, three, four, five, six or seven of this section or the decedent's\nbody or part is not used for transplantation, therapy, research, or\neducation, custody of the body or part passes to the person under\nobligation to dispose of the body or part.\n  10. A person may not accept an anatomical gift if the person knows\nthat the gift was not effectively made under section forty-three hundred\none or forty-three hundred five of this article or if the person knows\nthat the decedent made a refusal under section forty-three hundred one\nof this article that was not revoked. For purposes of this subdivision,\nif a person knows that an anatomical gift was made on a document of\ngift, the person is deemed to know of any amendment or revocation of the\ngift or any refusal to make an anatomical gift on the same document of\ngift.\n  11. Except as otherwise provided in paragraph (b) of subdivision one\nof this section, nothing in this section affects the allocation of\norgans for transplantation or therapy.\n