NY Pub Health L § 4361 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 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.