2023 New York Laws › PBH - Public Health › Article 43-B - Organ Procurement and Donor Support › Title 1 - 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.