reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 1 - Disposition › 4202 - Cremated Remains; Disposition.

§  4202.  Cremated remains; disposition.  1. Every body delivered to a
  cemetery  for  cremation,  or  natural  organic  reduction,   shall   be
  accompanied  by  a  statement  from  a  physician,  coroner,  or medical
  examiner certifying that such body does not contain a battery  or  power
  cell.  The  person  in  charge  of  a  cemetery may refuse to cremate or
  naturally  organically  reduce  a  body  unless  accompanied   by   such
  statement.
2.  Cremated  remains  means  human  remains  after  incineration in a
  crematory. Naturally organically reduced  remains  means  human  remains
  that have been naturally organically reduced to soil.
3.  An  institution  authorized by article forty-two or forty-three of
  this  chapter  to  receive  unclaimed  cadavers  or  anatomical   gifts,
  notwithstanding  any  other  provision  of  law, may prepare or preserve
  cadavers in its lawful possession for purposes  of  research,  study  or
  anatomical instruction and may cremate the cadavers or dissected remains
  of  such  cadavers  after  the  completion  of  such  research, study or
  anatomical instruction thereon; provided, however, that cremation  shall
  be performed only in a retort used exclusively for such purpose. For the
  purposes  of  the provisions of this subdivision, such institution shall
  not be subject to article fifteen of the not-for-profit corporation law.
4. At the time of the arrangement  for  a  funeral  performed  by  any
  undertaker  or  funeral  director,  the  person  contracting for funeral
  services shall designate his intentions with respect to the  disposition
  of  the  remains  of the deceased in a signed declaration of intent on a
  form as designated by the department which  shall  be  provided  by  and
  retained  by  the undertaker. Every undertaker, administrator, executor,
  authorized representative of a deceased person, corporation, company  or
  association,  or  other  person  having  in his or its lawful possession
  cremated or naturally organically reduced remains, except  such  remains
  committed  to  his  or  its  care for permanent interment, which remains
  shall not have been claimed by a relative  or  friend  of  the  deceased
  person  within  one  hundred  twenty  days from the date of cremation or
  natural organic reduction, may dispose of such remains by placement in a
  tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or
  scattering of the remains at sea  or  by  otherwise  disposing  of  such
  remains  as  provided  by  rule  of  the  department.  A  record of such
  disposition  shall  be  made  and  kept  by  the  person   making   such
  disposition.  Upon  disposing  of  such remains in the manner prescribed
  above, such person shall be discharged  from  any  legal  obligation  or
  liability  to the authorizing agent or any other person enumerated under
  paragraph (a) of subdivision two of section  forty-two  hundred  one  of
  this title in relation to such remains.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4209 - Autopsies; Right to Perform.

§  4209.  Autopsies;  right  to  perform.    No  person shall make any
  incision preparatory to or during an autopsy except (a) a duly  licensed
  medical  physician  or  osteopathic physician, (b) a resident physician,
  (c) a medical intern, (d) a student  in  a  registered  medical  school,
  dental school or chiropractic college while under the supervision of the
  professor  or  teacher,  (e)  an  instructor  of  anatomy,  (f) a dental
  resident or licensed dentist while under the supervision of a physician.
A physician performing  an  autopsy  may  be  assisted  by  a  trained
  mortuary attendant (diener).
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4209-A - Procedure for Obtaining Identification by Persons Opposed to the Dissection or Autopsy of Their Bodies Upon Their Death.

§ 4209-a. Procedure for obtaining identification by persons opposed to
the  dissection  or  autopsy of their bodies upon their death. Except as
required by law, no dissection or autopsy shall be performed on the body
of any person who is carrying an identification  card  upon  his  person
indicating  his  opposition  to such dissection or autopsy. To be valid,
this card must be  signed  and  dated  by  the  person  opposed  to  the
dissection or autopsy and must be notarized.
The  card  shall measure at least two inches by three inches and shall
be made of a cardboard based material. The card shall state:
"I, ............................................................,insert the name of the person opposed to dissection or autopsy)
do not consent to the dissection or autopsy of  my  body  except  as  is
required by law."
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4210-A - Unlawful Dissection of the Body of a Human Being.

§  4210-a.  Unlawful dissection of the body of a human being. A person
  who makes, or causes or procures to be made, any dissection of the  body
  of  a  human  being,  except  by  authority of law, or in pursuance of a
  permission given by the deceased, is guilty of a class E felony.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4210-B - Certain Unauthorized Autopsies.

§  4210-b.  Certain unauthorized autopsies. A person authorized by law
  to perform a dissection or autopsy who acts in good faith in  accordance
  with  the  terms  of  this article but is unaware of the existence of an
  identification  card  indicating  the  decedent's  opposition   to   the
  dissection  or  autopsy  of  his body after a routine examination of the
  decedent and his effects has been conducted shall not  be  subjected  to
  prosecution  in  any  criminal proceeding nor held liable for damages in
  any civil action for his involvement in such an unauthorized autopsy.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4213 - Cadavers; Delivery to Relatives or Friends.

§ 4213. Cadavers; delivery to relatives or friends. 1. In the counties
  of  Oneida,  Onondaga, Oswego, Madison and Cortland, a friend who claims
  the body of a deceased person for interment or other disposition may  be
  required  by  the  person  having  lawful possession, charge, custody or
  control of it to present an affidavit stating (a) that such claimant  is
  a  friend;  (b) the facts and circumstances upon which the claim that he
  is such friend is based; and (c), that he will bear the expense of  such
  interment  or other lawful disposition. If such claimant shall refuse to
  make such affidavit the body shall not be delivered to him but he  shall
  forfeit  his claim and right to same.  The expense of such affidavit, if
  required, shall be paid by the person requiring the affidavit.
2. If the body of a deceased person is claimed for interment or  other
  lawful  disposition  by  a  relative  and  in  the  counties  of Oneida,
  Onondaga, Oswego, Madison  and  Cortland  a  relative  or  friend  after
  delivery  or release to, and receipt by a university, college, school or
  institute, same shall be given up  and  released  to  such  relative  or
  friend.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4214 - Cadavers; Autopsy by Order of Hospital Authorities.

§  4214.  Cadavers;  autopsy by order of hospital authorities. 1.  The
  director or person having lawful control and management of any  hospital
  in which a patient has died may order the performance of an autopsy upon
  the body of such deceased person, after first giving notice of the death
  to  the  next  of  kin  of  such  person,  unless the body is claimed or
  objection is made to such autopsy by the next of kin within  forty-eight
  hours  after  death,  or  within  twenty-four hours after such notice of
  death. In no case shall an autopsy or dissection be performed  upon  any
  body  within  forty-eight hours after death, unless a written consent or
  directive therefor has been received from the person or persons  legally
  entitled  to  consent  to or order such autopsy or dissection. Except as
  required by law, no dissection or autopsy shall be performed on the body
  of any person who is carrying an identification  card  upon  his  person
  indicating his opposition to such dissection or autopsy.
2.  In the case of an unclaimed body of a deceased person, the medical
  colleges, schools, institutes and universities  shall  have  a  priority
  claim  to  the  said  body,  for  the purposes of medical, anatomical or
  surgical science and study as provided in this article.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4215 - Cadavers; Burial After Autopsy and Dissection.

§ 4215. Cadavers; burial after autopsy and dissection. 1. In all cases
  in  which  a  dissection  has been made, the provisions of this article,
  requiring the burial or other lawful disposition of a body of a deceased
  person, and the provisions  of  law  providing  for  the  punishment  of
  interference with or injuries to it, apply equally to the remains of the
  body  after dissection as soon as the lawful purposes of such dissection
  have been accomplished.
2. In all cases in which an autopsy or dissection has been made of  an
  unclaimed  body,  the provisions of this article requiring the burial or
  other lawful disposition of the body of a deceased person and punishing,
  interference with or injuries to it, shall apply equally to the  remains
  of  such  body  as  soon  as  the  lawful  purposes  of  such autopsy or
  dissection have  been  accomplished,  except  that  the  persons  having
  possession  of  the body may, in their discretion, cause it to be either
  buried or cremated, or may retain parts  of  such  body  for  scientific
  purposes.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4216 - Body Stealing.

§  4216.  Body stealing. A person who removes the dead body of a human
  being, or any tissue, organ or part thereof  from  a  grave,  vault,  or
  other  place,  where the same has been buried, or from a place where the
  same has been deposited while awaiting burial, without authority of law,
  with intent to sell the same, or for the purpose of dissection,  or  for
  the  purpose  of  procuring a reward for the return of the same, or from
  malice or wantonness, is guilty of a class D felony.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4217 - Receiving Stolen Body of a Human Being.

§  4217.  Receiving  stolen  body  of  a  human  being.  A  person who
  purchases, or receives except for the purpose of burial, the  dead  body
  of  a  human  being, or any tissue, organ, or part thereof, knowing that
  the same has been removed contrary to section forty-two hundred  sixteen
  of this title, is guilty of a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4218 - Opening Graves.

§  4218.  Opening graves. A person who opens a grave or other place of
  interment, temporary or otherwise, or a building wherein the  dead  body
  of  a  human being is deposited while awaiting burial, without authority
  of law, with intent to remove the body, or any  tissue,  organ  or  part
  thereof,  for the purpose of selling it or demanding money for the same,
  or for the purpose of dissection, or from malice or wantonness, or  with
  intent  to  steal  or remove the coffin or any part thereof, or anything
  attached thereto,  or  any  vestment,  or  other  article  interred,  or
  intended  to  be  interred  with  the  dead body, is guilty of a class D
  felony.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4219 - Arresting or Attaching a Dead Body of a Human Being.

§  4219. Arresting or attaching a dead body of a human being. A person
  who arrests or attaches the dead body of a human being upon any debt  or
  demand  whatever,  or  detains  or  claims  to detain it for any debt or
  demand,  or  upon  any  pretended  lien  or  charge,  is  guilty  of   a
  misdemeanor.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4220 - Disturbing Funerals.

§  4220.  Disturbing funerals. A person who, without authority of law,
  obstructs or detains any persons engaged in carrying or accompanying the
  dead body of a human being  to  a  place  of  burial,  is  guilty  of  a
  misdemeanor.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4221 - Removal of Eyes And/or Parts Thereof After Death.

§  4221.  Removal  of  eyes  and/or  parts thereof after death. If any
  donation, authorization or consent made pursuant to section  forty-three
  hundred three of this article or dissection made pursuant to subdivision
  three  of  section  forty-two hundred ten of this article relates to the
  removal of a deceased person's eyes and/or parts thereof, the individual
  or agency authorized to remove such eyes and/or parts thereof may permit
  such removal to be made by a medical student, technician or nurse.
2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 2 - Autopsy and Dissection › 4222 - Removal of Corneal Tissue for Transplant and Pituitary Gland Tissue for the Extraction of Growth Hormone.

§  4222.  Removal of corneal tissue for transplant and pituitary gland
  tissue for the extraction of growth hormone.  1.  Upon  request  from  a
  general  hospital or medical center for corneal tissue for transplant or
  pituitary gland tissue for extraction of growth hormone, the coroner  or
  medical  examiner may then request or authorize an agent to request from
  the authorized person under the conditions  established  in  subdivision
  two   of   section   forty-three   hundred  one  of  this  chapter,  the
  authorization, which may be oral or written according to law, to perform
  the removal.  Upon receiving such authorization, the coroner or  medical
  examiner  shall authorize the supply of such corneal tissue or pituitary
  gland tissue upon the following conditions:
a. The body of the decedent is under the jurisdiction of  the  coroner
  or  medical  examiner  authorizing  the removal of the corneal tissue or
  pituitary gland tissue.
b. Such removal does not conflict with decedent's religious  or  other
  views.
c. The removal of the cornea for transplant or the pituitary gland for
  extraction  of  growth  hormone  will  not interfere with the subsequent
  course of an investigation or autopsy.
d. The removal of the corneal tissue or  the  pituitary  gland  tissue
  will not alter the post mortem facial appearance of the decedent.
2.  The coroner or medical examiner authorizing the removal of corneal
  tissue or the pituitary gland tissue pursuant to the provisions of  this
  section  shall  not  be held liable in a civil action for damages by any
  person specified by subdivision two of section forty-three  hundred  one
  of  this  chapter,  for  such  removal  where  after the exercise of due
  diligence such coroner or medical examiner obtained  authorization  from
  any  person  specified by subdivision two of section forty-three hundred
  one of this chapter.
3. Except where an anatomical gift has previously  been  requested  or
  authorized,  upon  the  request  of a tissue bank or storage facility as
  defined in section forty-three hundred of this chapter, the  coroner  or
  medical  examiner  may  then  provide the name of the decedent under his
  jurisdiction and the name of the  decedent's  spouse  or  other  persons
  authorized  to  execute  an  anatomical  gift  in  accordance  with  the
  provisions of section forty-three hundred one of this chapter.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4303 - Manner of Executing Anatomical Gifts.

§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part
  of  the  body  under  this article may be made by will. The gift becomes
  effective upon the death of the testator without waiting for probate. If
  the will is not probated, or if it is declared invalid for  testamentary
  purposes,  the  gift,  to the extent that it has been acted upon in good
  faith, is nevertheless valid and effective.
2. A gift of all or part of the body under this article  may  also  be
  made  by document other than a will. The gift becomes effective upon the
  death of the donor. The document, which may be a  card  designed  to  be
  carried  on  the  person,  must  be signed by the donor. Delivery of the
  document of gift during the donor's lifetime is not  necessary  to  make
  the gift valid.
3.  The  gift  may  be  made  either  to  a specified donee or without
  specifying a donee. If the latter, the  gift  may  be  accepted  by  and
  utilized  under  the  direction  of  the  attending  physician  upon  or
  following death. If the gift is made to a specified  donee  who  is  not
  available  at  the time and place of death, the attending physician upon
  or following death, in the absence of any expressed indication that  the
  donor desired otherwise, may accept the gift as donee. The physician who
  becomes  a  donee  under  this  subdivision shall not participate in the
  procedures for removing or transplanting a part.
4. Subject to the prohibitions in  subdivision  two  of  section  four
  thousand  three hundred six the donor may designate in his will, card or
  other document of gift  the  surgeon  or  physician  to  carry  out  the
  appropriate  procedures.  In  the  absence  of  a designation, or if the
  designee is not available, the  donee  or  other  person  authorized  to
  accept the gift may employ or authorize any surgeon or physician for the
  purpose.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4304 - Delivery of Document of Gift.

§ 4304. Delivery of document of gift. If the gift is made by the donor
  to  a specified donee, the will, card or other document or a copy of the
  executed document, may be delivered  to  him  or  her  to  expedite  the
  appropriate  procedures immediately after death; however delivery is not
  necessary to the validity of the gift. On request of an interested party
  upon or after the donor's death, the person in possession shall  produce
  the document for examination.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4306 - Rights and Duties at Death.

§ 4306. Rights and duties at death.  1. The donee may accept or reject
the gift. If the donee accepts a gift of the entire body, the donee may,
subject to the terms of the gift, authorize embalming and the use of the
body  in  funeral  services.  If  the gift is of a part of the body, the
donee upon the death of the donor and prior to embalming, may cause  the
part  to be removed without unnecessary mutilation. After removal of the
part, custody of the remainder  of  the  body  vests  in  the  surviving
spouse, next of kin, or other persons under obligation to dispose of the
body.
2.  When a donor is determined dead based on irreversible cessation of
circulatory and respiratory  functions,  the  time  of  death  shall  be
certified  by  a  physician.  Such  physician may not participate in the
procedure to remove or transplant the body part. In all other cases  the
time  of death shall be certified by the physician who attends the donor
at his death and one other physician, neither of whom shall  participate
in the procedure for removing or transplanting the part.
3. (a) (i) A person who acts in good faith in accord with the terms of
this  article  or with the anatomical gift laws of another state, is not
liable for damages in any civil action or subject to prosecution in  any
criminal proceeding for his or her act.
(ii)  A  person  who  acts in good faith in accord with the anatomical
gift laws of another country is not liable  for  damages  in  any  civil
action  or  subject to prosecution in any criminal proceeding for his or
her act provided that:
(A) such country has anatomical gift laws similar in requirements  and
effects to the anatomical gift laws of this state;
(B)  such country appears on a list of such countries promulgated as a
regulation by the department for such purpose; and
(C) such country appeared on such list at the time of such act.
(b) A person who documents the making,  amending  or  revoking  of  an
anatomical  gift, acting reasonably and in good faith in accordance with
this article, may accept an anatomical gift under this article made by a
person who represents that the person  is  an  authorized  person  under
section  forty-three  hundred  one  of  this  article and is entitled to
consent to the donation.
(c) An entity under section forty-three  hundred  two  or  forty-three
hundred  ten  of this article or a health care professional, or an agent
or  employee  thereof,  who  or  which  documents,  records,   recovers,
procures, obtains, or utilizes an organ or tissue in reasonable and good
faith  reliance  on information provided to or contained in the New York
state donate life registry shall not be liable in any civil or  criminal
action or proceeding for action based on such reliance.
4.  Any  employee  or  agent of an organ procurement organization, eye
bank or tissue bank acting pursuant to this article shall be held to the
same standard of confidentiality as  that  imposed  on  employees  of  a
hospital.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4306-A - Advanced Directives in Health Care Proxies.

§  4306-a.  Advanced  directives  and  health  care proxies.   1. If a
  prospective donor in a hospital has a declaration or advance health care
  directive and terms of the  declaration,  directive  or  proxy  document
  concerning life-sustaining treatment are in conflict with the express or
  implied  terms  of  a  potential  anatomical  gift  with  regard  to the
  administration of measures necessary to ensure the  medical  suitability
  of  a  part  for  transplantation  or  therapy,  the prospective donor's
  attending physician and the prospective donor shall  confer  to  resolve
  the  conflict.  For purposes of this section, an advance directive shall
  mean a written or oral instruction by the adult patient relating to  the
  provision   of  health  care  to  the  patient  when  an  adult  becomes
  incapacitated, including but not limited  to  a  health  care  proxy,  a
  consent  to  the issuance of an order not to resuscitate or other orders
  for life-sustaining treatment recorded in a patient's medical record, or
  a legally-recognized statement of wishes or beliefs.
2. If such prospective donor is incapable of resolving  the  conflict,
  and  the  patient  in such declaration, directive, or proxy document did
  not expressly reject being a donor, then the health  care  proxy  acting
  under  the  prospective  donor's declaration, directive, or proxy or, if
  none, a surrogate authorized to make health care decisions on behalf  of
  the patient, in accordance with the provisions of article twenty-nine-CC
  of this chapter, shall act for the patient to resolve the conflict.
3.  Such conflict must be resolved expeditiously. Information relevant
  to the resolution of the conflict may be obtained from  the  appropriate
  procurement  organization  and  any  other  person authorized to make an
  anatomical gift for the prospective donor described in  subdivision  two
  of section forty-three hundred one of this article. Before resolution of
  the  conflict,  measures  necessary to ensure the medical suitability of
  the  part  may  not  be  withheld  or  withdrawn  from  the  patient  if
  withholding  or  withdrawing  the  measures  is  not  contraindicated by
  appropriate end-of-life care.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4306-B - Withdrawal of Life-Sustaining Treatment.

§  4306-b.  Withdrawal  of  life-sustaining  treatment.  This  section
  applies in cases where a prospective donor who has  made  an  anatomical
  gift or whose donation status has not been ascertained is in a hospital.
  The  hospital  shall  not  withdraw  any  measures that are necessary to
  maintain the medical suitability  of  the  part  until  the  procurement
  organization has had the opportunity to advise the applicable persons as
  set  forth  in  section  forty-three  hundred one of this article of the
  option to make an anatomical gift, has documented  or  acted  upon  that
  decision,  or  has  ascertained that the individual expressed a contrary
  intent.  The  procurement  organization  shall  act  expeditiously  with
  respect to its responsibilities under this section.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4307 - Prohibition of Sales and Purchases of Human Organs.

§  4307.  Prohibition  of  sales  and purchases of human organs. 1. It
  shall be unlawful for any  person  to  knowingly  acquire,  receive,  or
  otherwise  transfer for valuable consideration any part for use in human
  transplantation. The term "valuable consideration" does not include  the
  reasonable   payments   associated  with  the  removal,  transportation,
  implantation, processing, preservation, quality control, and storage  of
  a  part  or  the expenses of travel, housing, and lost wages incurred by
  the donor of a human part in connection with the donation of the part or
  living donation. Any person who violates this section shall be guilty of
  a class E felony.
2. For the purposes of this section, the donation of a kidney or other
  organ  from  a  live  donor  for  transplantation  into  an   individual
  conditioned  upon  the  donation  and transplantation of a similar organ
  into an individual specified by the donor shall not, in and  of  itself,
  be considered to be "valuable consideration" provided that such donation
  and  transplant  are performed in accordance with other applicable laws,
  rules and regulations, including any specific rules and regulations  the
  commissioner  may  adopt,  with the advice and consent of the transplant
  council, with respect to such conditional donations. No  individual  may
  make a donation conditioned upon the race, color, creed, national origin
  or  religious  affiliation  of  the  recipient,  and  no hospital, organ
  procurement organization, tissue bank, physician or  other  professional
  may  participate  in  the  performance  of  any  procedure  or otherwise
  facilitate  the  donation  and/or  transfer  of  organs  and/or   tissue
  conditioned on such factors.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4308 - Prohibition on Charging a Fee to a Donor's Estate.

§   4308.   Prohibition  on  charging  a  fee  to  a  donor's  estate.
  Notwithstanding any other provision of law, no  physician,  hospital  or
  other  health  care  provider  may  charge the donor's estate, family or
  insurer for any cost incurred in testing or removing a  human  organ  or
  tissue from a donor and such charge shall be void and unenforceable.
2023 New York Laws › PBH - Public Health › Article 43 - Anatomical Gifts › 4309 - Application.

§  4309.  Application.  The  provisions  of  this article shall not be
  deemed to supersede or affect the provisions of the  public  health  law
  relating  to  the  functions,  powers  and duties of coroners, coroner's
  physicians or medical examiners.
2023 New York Laws › PBH - Public Health › Article 43-A - Anatomical Gift Duties of Hospitals and Procurement Organizations › 4351 - Duties of Hospital Administrators, Organ Procurement Organizations, Eye Banks or Tissue Banks.

§   4351.   Duties   of  hospital  administrators,  organ  procurement
organizations, eye banks or tissue banks. 1. (a) When  the  death  of  a
person  in  a  hospital  has occurred or is imminent, the hospital shall
contact  the  organ  procurement  organization  in  order  to   make   a
preliminary  determination  of  the  suitability of the person for organ
donation,  except  where  not  required  by  paragraph   (c)   of   this
subdivision. If a hospital has ascertained that the individual expressed
a  desire  not to receive life-sustaining treatment, pursuant to section
forty-three hundred six-b of this chapter, the hospital shall  make  the
organ procurement organization aware.
(b)  Where  contact  with  the  organ  procurement organization is not
required under criteria developed regionally by  the  organ  procurement
organization subject to the approval of such criteria by the department,
the  hospital  shall  contact  the  appropriate eye bank or tissue bank,
except where not required by paragraph (c) of this subdivision.
(c) The organ  procurement  organization,  in  consultation  with  the
tissue  procurement providers, may issue criteria under which a hospital
shall not be required to make the contact under this subdivision.
(d) All hospitals shall select at least one eye bank  or  tissue  bank
for the procurement of tissue, as defined in section forty-three hundred
sixty  of  this  chapter.  A hospital shall notify the organ procurement
organization of its choice of tissue procurement provider. If a hospital
selects more than one eye bank or tissue bank, it may specify a rotation
of referrals for purposes of tissue procurement.
2. Where the organ procurement organization, eye bank or  tissue  bank
is  contacted,  it  shall,  in  consultation  with  the  hospital, after
appropriate medical screening (which may include serological testing  if
applicable) determine suitability for organ, eye and tissue donation, as
appropriate.  Where  an  organ procurement organization is contacted, it
shall contact the appropriate eye bank or tissue bank  with  respect  to
suitability for eye or tissue donation.
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 › 4363 - Waiting Lists for Organs.

§  4363.  Waiting  lists  for  organs.  1.  All  organs  retrieved for
transplantation in New  York  state  shall  be  allocated  according  to
waiting  lists  developed  by  the organ procurement organization in the
service area in which the organ is  procured,  provided,  however,  that
nothing  herein  shall  preclude  the  exercise  of  medical judgment in
determining the  suitability  of  a  proposed  recipient  to  receive  a
particular  organ,  and  provided  further, however, that if an organ is
brought into a service area of an organ  procurement  organization  from
the  service  area  of another organ procurement organization, the organ
shall be allocated according to the waiting list developed by the  organ
procurement organization in the service area in which the organ is to be
implanted. Nothing in this section shall prohibit:
(a) an individual donor from designating the recipient of an organ;
(b)  organ  sharing  with  other  organ  procurement  organizations in
accordance with federal and state standards including standards to  meet
the  needs  of  patients  who  are  highly sensitized and for whom it is
difficult to identify a suitable kidney due  to  conditions  such  as  a
blood  transfusion,  immunization,  prior pregnancy or a previous failed
kidney transplant;
(c) organ  sharing  with  other  organ  procurement  organizations  in
accordance with organ sharing agreements approved by the commissioner.
2.  No  organ procurement organization designated to serve any part of
New York state shall  place  any  person  on  a  waiting  list  for  the
allocation of organs for transplantation if that person is listed on any
other  waiting  list  for the allocation of that organ maintained by any
other organ procurement organization designated to serve any part of New
York state.
3. No person may place his or her name  on  a  waiting  list  for  the
allocation   of  organs  for  transplantation  maintained  by  an  organ
procurement organization designated to serve any part of New York  state
if  the person is listed on any other waiting list for the allocation of
that organ  maintained  by  any  other  organ  procurement  organization
designated to serve any part of New York state. Each facility performing
transplant  services  shall  inform a patient of the prohibition against
being  placed  on  multiple  waiting  lists  before  arranging  for  the
placement of the patient on a waiting list.
4.  In  policies  and  procedures  for  distributing  organs, no organ
procurement organization  shall  consider  or  give  any  preference  to
patients  in  a  facility  based  upon  the  facility's  past or present
procurement performance or its past or present relationship with a donor
hospital.
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 › 4366 - Enforcement.

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or
annul, a bank or storage facility license or may fine the holder thereof
on proof that the license holder or one or more persons in its employ:
(a)  has  engaged  in misrepresentation in obtaining the license or in
the operation of the bank or storage facility;
(b) has engaged or attempted to engage in  or  represented  itself  as
being  entitled  to  perform  any  procurement  or  storage activity not
authorized in the license;
(c) has demonstrated incompetence or has shown recurrent errors in the
performance of procurement or storage activities;
(d) has been convicted of a felony.
2. No license shall be revoked, suspended,  limited,  or  annulled  or
fine  imposed  without  an opportunity for a hearing; provided, however,
that a license may be temporarily suspended  without  a  hearing  for  a
period  not  in  excess  of sixty days upon notice to the license holder
following a finding by the commissioner or his designee that the  public
health, safety, or welfare is in imminent danger.
(a)  the  commissioner  or his designee shall fix a time and place for
the hearing;
(b) a copy of the charges, together with a  notice  of  the  time  and
place  of  the  hearing,  shall  be  mailed to the license holder at the
address of the bank or storage facility;
(c) all orders or determinations hereunder shall be subject to  review
as  provided  in  article  seventy-eight  of  the civil practice law and
rules.
3. The supreme court may enjoin violations or threatened violations of
any provisions of this article or of the rules  and  regulations  issued
thereunder. Upon request of the commissioner, the attorney general shall
maintain an action in the supreme court in the name of the people of the
state to enjoin any such violation.
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 › 4367 - Separability.

§  4367.  Separability. If any clause, sentence, paragraph, section or
  part of this article  shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid, the judgment shall not affect, impair, or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section, or  part  thereof  directly
  involved  in  the  controversy  in  which  the  judgment shall have been
  rendered.
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 › 4368 - New York State Gift of Life Medal of Honor.

§ 4368. New York state gift of life medal of honor. The governor shall
  establish  a  program  for  public recognition of organ, tissue and bone
  marrow donors and their families for their  life  saving  contributions.
  The governor shall commission the design, with the advice and consent of
  the  department  and  the  transplant  council  established  pursuant to
  section forty-three hundred sixty-one of this article, of the "New  York
  State gift of life medal of honor". Such medal shall be awarded annually
  to honor the memory of all individual organ donors or the gifts of donor
  families.  Persons  who  donate bone marrow shall also be eligible to be
  awarded the medal. The department and the transplant  council  shall  be
  responsible  for  nominating and choosing recipients, and for overseeing
  and maintaining such program.
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 › 4369 - Bone Marrow Registry Information.

§  4369.  Bone  marrow  registry  information. 1. The commissioner, in
consultation with health care practitioners and others with expertise in
bone marrow donation and transplant  and  with  the  assistance  of  the
transplant  council  as  appropriate,  shall  develop and make available
information regarding bone marrow donation and registries, including but
not limited to the National Marrow Donor Program "Be The Match Registry"
registry and The Bone Marrow Foundation. Such information shall include,
but not be limited to:
(a) the need for bone marrow donations;
(b) patient populations that would benefit from bone marrow donations;
(c) how to join a bone marrow registry; and
(d) how to acquire a free buccal swab kit from a bone marrow registry.
2. The information required by this section shall be made available on
the department's website in a printable format to allow  the  public  to
access  such  information  and  for  health care practitioners providing
primary care to provide such information to patients  who  are  eighteen
years  of  age  or  older  and under forty-five years of age who are not
registered with a bone marrow registry.
2023 New York Laws › PBH - Public Health › Article 43-B - Organ Procurement and Donor Support › Title 2 - Living Organ Donation › 4370 - Definitions.

§  4370. Definitions. As used in this title, the following terms shall
have  the  following  meanings,  unless  the  context  clearly  requires
otherwise:
1.  "Living  donation"  means the gift by an individual of an organ of
that individual's body to  be  transplanted  into  another  individual's
body,  the  gift  to be executed while the donating individual is living
and with the intent that the donating individual will continue  to  live
after the execution of the gift.
2.  "Living  donor"  means:  (a)  an  individual  who  makes  a living
donation; or
(b) an individual who incurs expenses as part of the  living  donation
screening  and  evaluation  process  but  that,  through  no decision or
judgment of their own, does not become an actual living donor.
3. "Living donor expenses" means financial costs incurred by a  living
donor that arise due to the act of living donation and its consequences,
that  are  subject  to  reimbursement  under section forty-three hundred
seventy-one of this title.
4. "Living donor support program" or "program" means the living  donor
support   program   established   under   section   forty-three  hundred
seventy-one of this title.
5. "Paired donation" means a  living  donation  in  which  the  living
donor's  organ  is incompatible with the ultimate intended recipient and
the living donor's organ is transplanted into another recipient, and  in
turn  another  living donor makes a living donation, directly or through
one or more paired donations, to the ultimate intended recipient of  the
initial living donor.
2023 New York Laws › PBH - Public Health › Article 43-B - Organ Procurement and Donor Support › Title 2 - Living Organ Donation › 4371 - Reimbursement of Living Donor Expenses.

§  4371.  Reimbursement  of living donor expenses. 1. The living donor
support program is hereby established in the department.
2. (a) Subject to appropriations therefor, the program shall  pay  the
living  donor  expenses for living donors who are residents of the state
and make a living donation  in  which  the  ultimate  recipient,  either
directly  or  through  paired  donation  is a resident of the state. The
commissioner through regulations shall establish eligible  living  donor
expenses  that  are  eligible  for reimbursement under the program which
shall include at a minimum:  lost  wages  (including  demonstrated  lost
non-employment  income)  or  the economic value of sick or vacation days
expended; travel and lodging, child care and elder  care  expenses;  and
costs  of  medications  and  care  associated  with  the living donation
surgery that are not covered by health insurance. The  total  period  of
time  related  to lost wages or expended sick or vacation days shall not
exceed four weeks unless special circumstances are demonstrated, such as
the nature of physical labor required for the living donor's employment;
provided that the total period shall in no event exceed eight weeks. The
commissioner may, by regulation, impose reasonable limitations  on:  (i)
the  amount  of lost wages for a living donor making an income in excess
of an annual rate of one hundred twenty-five thousand dollars;  or  (ii)
the  amount of living donor expenses above fourteen thousand dollars for
any single  living  donor;  and  may  include  additional  living  donor
expenses   including  reimbursement  for  costs  of  care  performed  by
relatives or family members of the living donor.
(b) The program shall not  pay  reimbursement  for  expenses  paid  or
required  to  be  paid  for by any third-party payer, including wages or
other expenses that were covered under paid medical leave by the  living
donor's  employer  or that are covered by other sources of reimbursement
such as the  federal  National  Living  Donor  Assistance  Program.  The
program  shall  be  the payer of last resort with respect to any benefit
under the program.
(c) Living donor expenses shall be reimbursed  as  close  in  time  as
possible  to their being incurred by the donor, including by pre-payment
where practicable.
3. (a)  The  commissioner  may  contract  for  the  administration  of
reimbursement under the program. Factors such as cost to the state, ease
of  use  for  the  living  donor,  and ease of use for transplant center
hospitals shall be taken into consideration when awarding such contract.
(b) The commissioner shall make regulations to implement this section.
(c) This section shall be interpreted so as not to conflict  with  the
federal National Organ Transplant Act (42 U.S.C. 274e).
2023 New York Laws › PBH - Public Health › Article 43-B - Organ Procurement and Donor Support › Title 2 - Living Organ Donation › 4372 - Transplant Education of Patients With Kidney Disease or End Stage Renal Failure.

§  4372.  Transplant  education of patients with kidney disease or end
  stage renal failure.  Nephrologists  and  primary  care  providers  with
  primary  responsibility  of  caring  for  patients  with  chronic kidney
  disease stage three or four, or end stage renal disease,  shall  provide
  patients  with  current and evidence based printed educational materials
  about the progression of kidney  disease  and  relevant  prevention  and
  treatment options, including transplantation.
2023 New York Laws › PBH - Public Health › Article 44 - Health Maintenance Organizations › 4400 - Statement of Policy and Purposes.

§ 4400. Statement of policy and purposes. Encouraging the expansion of
  health care services options available to the citizens of the state is a
  matter  of  vital  state  concern.  Without such an expansion, increased
  health insurance and other benefits will continue to escalate the  costs
  of medical care and overload the health care delivery system. The health
  maintenance  organization  concept, through which members of an enrolled
  population are each entitled to receive  comprehensive  health  services
  for   an   advance  or  periodic  charge,  represents  a  promising  new
  alternative for the delivery of a full range of health care services  at
  a reasonable cost.
Accordingly, it shall be the policy of this state to expand the health
  care  services  options  available,  and to assure greater choice in the
  selection of  a  health  care  plan,  by  removal  of  legal  and  other
  impediments   to  the  development  of  competitive  health  maintenance
  organizations acceptable to the public.
It is the intent of the legislature that  the  commissioner  therefore
  establish  a  comprehensive  system  of  authorization and regulation of
  health maintenance organizations in  the  state,  as  provided  in  this
  article,  in  order  to  assure  that health services of good quality be
  provided  to  all  citizens  who  choose  to  take  advantage  of   that
  alternative  to  meet  their  health  care needs. The commissioner shall
  cooperate with the superintendent of financial services and  with  other
  state  officials and agencies which establish standards and requirements
  pertaining to the provision and financing of  health  care  services  in
  order to assure necessary, equitable and consistent state supervision of
  all health care systems without duplication of inspection or services.
2023 New York Laws › PBH - Public Health › Article 44 - Health Maintenance Organizations › 4402 - Health Maintenance Organizations; Application for Certificate of Authority.

§  4402. Health maintenance organizations; application for certificate
of authority. 1. No person or groups of persons  may  operate  a  health
maintenance  organization  or  issue  a  contract  to  an  enrollee  for
membership  in  a  comprehensive  health  services  plan  without  first
obtaining a certificate of authority from the commissioner.
2.  In  order  to receive such a certificate of authority, a person or
persons, hereinafter designated as the applicant, intending to operate a
health maintenance organization  shall  file  an  application  for  such
certificate  on such form as the commissioner shall prescribe, and shall
provide to the satisfaction of the commissioner the following:
(a)  a  copy  of  each  of  the  basic  organizational  documents  and
agreements  of  the  applicant and all participating entities, including
all contracts and agreements relating to the provision of  comprehensive
health services;
(b)  a copy of the bylaws, rules and regulations on internal governing
documents of the applicant;
(c) a list of the names,  addresses  and  official  positions  of  the
persons  comprising  the  applicant  and  all  entities  referred  to in
paragraph (a) other than those possessing a valid operating  certificate
under  the provisions of article twenty-eight of this chapter, including
all owners of record or beneficial, all members of the  governing  body,
the  officers  and  directors  in  the  case  of  a corporation, and the
partners or members in the case of a partnership or corporation, and the
agent for service of process;
(d) a statement  of  the  financial  condition  of  the  organization,
including,  if  appropriate,  an  income  statement,  balance  sheet and
projected sources and uses of funds;
(e) a statement generally describing the  proposed  operation  of  the
health  maintenance  organization  as to the location of its facilities,
the type and quantity  of  health  care  personnel  engaged  to  provide
services,  its  quality  assurance  mechanism,  its grievance procedure,
participating hospitals and such other data as may be  required  by  the
commissioner;
(f)  a  copy  of each enrollee contract filed with and approved by the
superintendent pursuant  to  section  forty-four  hundred  six  of  this
article; and
(g)  such  other information as may be required by the commissioner to
make the determinations required in section forty-four hundred three  of
this article.