2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4302 - Uses and Disposition of Anatomical Gifts.

§  4302.  Uses and dispositions of anatomical gifts. 1. All anatomical
gifts made under this article may be made to the following persons named
in the document of gift:
(a) a hospital; accredited medical school, dental school,  college  or
university;  organ  procurement  organization;  non-transplant  anatomic
bank; or other appropriate person, for research or education;
(b) subject to the provisions of subdivision two of this  section,  an
individual  designated  by  the person making the anatomical gift if the
individual is the recipient of that part; if an anatomical  gift  to  an
individual   under  this  paragraph  cannot  be  transplanted  into  the
individual, the part passes in accordance with subdivision six  of  this
section  in  the  absence  of  an  express,  contrary  indication by the
authorizing party making the anatomical gift; or
(c) an eye bank or tissue bank.
2. If an anatomical gift of one or more specific parts or of all parts
is made in a document of gift that does not name a person  described  in
subdivision one of this section, but identifies the purpose for which an
anatomical gift may be used, the following rules apply:
(a)  If  the  part  is  an  eye  and  the  gift  is for the purpose of
transplantation or therapy, the gift passes to the appropriate eye bank.
(b) If the part  is  tissue  and  the  gift  is  for  the  purpose  of
transplantation  or  therapy,  the gift passes to the appropriate tissue
bank.
(c) If the part is an organ  and  the  gift  is  for  the  purpose  of
transplantation  or  therapy,  the  gift passes to the appropriate organ
procurement organization as custodian of the organ.
(d) If the part is an organ, eye, or tissue and the gift  is  for  the
purpose  of  research  or  education, the gift passes to the appropriate
procurement organization.
3. For the purposes of subdivision two of this section,  if  there  is
more than one purpose of an anatomical gift set forth in the document of
gift  but  the purposes are not set forth in any priority, the gift must
be used for transplantation or therapy, if suitable. If the gift  cannot
be  used  for  transplantation  or  therapy,  the  gift  may be used for
research or education.
4. If an anatomical gift of one or more specific parts is  made  in  a
document  of  gift  that does not name a person described in subdivision
one of this section and does not identify the purpose of the  gift,  the
gift  may  be  used  only  for  transplantation or therapy, and the gift
passes in accordance with subdivision six of this section.
5. If a document of gift specifies only a general intent  to  make  an
anatomical gift by words such as "donor", "organ donor" or "body donor",
or  a  statement  of  similar  import,  the  gift  may  be used only for
transplantation or therapy, and  the  gift  passes  in  accordance  with
subdivision six of this section.
6.  For  purposes  of  subdivisions  four,  five  and paragraph (b) of
subdivision one of this section, the following rules apply:
(a) If the part is an eye, the gift  passes  to  the  appropriate  eye
bank.
(b)  If  the part is tissue, the gift passes to the appropriate tissue
bank.
(c) If the part is an organ, the gift passes to the appropriate  organ
procurement organization as custodian of the organ.
7.  An  anatomical  gift  of  an organ for transplantation or therapy,
other than an anatomical gift under paragraph (b) of subdivision one  of
this  section, passes to the organ procurement organization as custodian
of the organ.
8.  If  a  prospective  donor  has  been  referred  to  a  procurement
organization  or  tissue  bank pursuant to state or federal law, and the
procurement organization has  determined  that  the  gift  is  medically
unsuitable  for  transplant,  or  to  the  extent  that a non-transplant
anatomical gift may still be honored after a gift has been made pursuant
to  a  superseding  document  of gift, then the procurement organization
shall make  reasonable  efforts  to  determine  whether  the  donor  has
previously  made  a  gift  of  his or her body or parts for education or
research, and the procurement organization informed of such  gift  shall
notify  the non-transplant anatomic bank of the gift consistent with the
donor's intent.
9. If an anatomical gift does not pass pursuant to  subdivisions  one,
two,  three,  four, five, six or seven of this section or the decedent's
body or part is not used  for  transplantation,  therapy,  research,  or
education,  custody  of  the  body  or  part  passes to the person under
obligation to dispose of the body or part.
10. A person may not accept an anatomical gift  if  the  person  knows
that the gift was not effectively made under section forty-three hundred
one  or  forty-three hundred five of this article or if the person knows
that the decedent made a refusal under section forty-three  hundred  one
of  this article that was not revoked. For purposes of this subdivision,
if a person knows that an anatomical gift was  made  on  a  document  of
gift, the person is deemed to know of any amendment or revocation of the
gift  or  any refusal to make an anatomical gift on the same document of
gift.
11. Except as otherwise provided in paragraph (b) of  subdivision  one
of  this  section,  nothing  in  this  section affects the allocation of
organs for transplantation or therapy.