NY Pub Health L § 4360 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 4360 - Definitions.

§  4360.  Definitions.  The  following  words or phrases, used in this   article, shall have the following meanings, unless the context otherwise   requires:1. "Bank" or "storage facility" means any person  or  facility,  which   procures,  stores  or  arranges  for  the  storage of (a) non-transplant   organs, or (b) tissue for transplantation, therapy, education, research,   or fertilization purposes, including  autologous  procedures.  An  organ   procurement organization shall not constitute a bank or storage facility   solely  by  virtue  of  storing  or  arranging  for the storage of heart   valves, nor shall any  person  or  entity  which  stores  non-transplant   organs  or  tissues  solely for the purpose of research and/or education   conducted by such person or entity be deemed a bank or storage facility.2. "Controlling person" means any person who by reason of a direct  or   indirect  ownership  interest  (whether of record or beneficial) has the   ability, acting either alone or in concert with  others  with  ownership   interests,  to  direct  or  cause  the  direction  of  the management or   policies of said corporation, partnership, or other entity. Neither  the   commissioner  nor  any  employee  of  the department nor any member of a   local legislative body of a county or municipality, nor  any  county  or   municipal official, shall, by reason of his or her official position, be   deemed  a  controlling  person of any corporation, partnership, or other   entity,  nor  shall  any  person  who  serves  as  an  employee  of  any   corporation,  partnership, or other entity be deemed to be a controlling   person of such corporation, partnership, or other entity as a result  of   such position or his or her official actions in such position.3.  "Non-transplant  organ"  means  an organ procured for education or   research purposes.4. "Organ" means a human kidney, heart, heart valve,  lung,  pancreas,   liver or any other organ designated by the commissioner in regulation in   consultation with the transplant council.5.  "Organ  procurement  organization"  or  "procurement organization"   means a person, facility, or institution engaged in procuring organs for   transplantation or therapy purposes, but does not include (a) facilities   or institutions which permit procurement activities to be  conducted  on   their  premises  by employees or agents of an approved organ procurement   organization, or (b) facilities or consortia of facilities which conduct   transplantation activities in accordance with  article  twenty-eight  of   this  chapter  when  the  organ  is  procured  through an approved organ   procurement organization, licensed bank or storage facility, or a living   donor. A  bank  or  storage  facility  shall  not  constitute  an  organ   procurement organization solely by virtue of procuring heart valves.6.   "Person"   means   an   individual,  corporation,  government  or   governmental subdivision or agency  other  than  the  office  of  mental   health, business trust, estate trust, partnership or association, or any   other legal entity.7.  "Principal  stockholder"  means  any  person  who owns (whether of   record or as beneficiary), holds or has the power to vote,  ten  percent   or more of any class of securities issued by a corporation.8.  "Procure"  or  "procurement  activity" means any activity which is   necessary for the procurement of organs or tissue  for  transplantation,   research,  education,  therapy,  fertilization,  or  autologous purposes   including solicitation, retrieval, donor selection and testing, clinical   laboratory  testing,  including  typing,  preservation,  transportation,   allocation, distribution, storage, and payment activities.9. "Service area" means the geographic area of service approved by the   secretary  of  health  and  human  services,  or, in the absence of such   approval, by the department. 10. "Tissue" means a human eye, skin, bone, bone marrow, heart  valve,   spermatozoon,  ova, artery, vein, tendon, ligament, pituitary gland or a   fluid other than blood or a blood derivative.