New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter A - Medical Facilities-minimum Standards › Article 2 - Hospitals › Part 405 - Hospitals-Minimum Standards › Section 405.30 - Organ and vascularized composite allograft transplant services/programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For purposes of this section the following shall have the
						following meanings:
(1)
Department
shall mean the New York State Department of
					 Health.
(2)
Living
					 donor
is an individual who donates an organ or a vascularized
					 composite allograft while alive.
(3)
Organ
means a human
					 kidney, heart, liver, lung, pancreas, uterus, stomach, intestine, and/or any
					 other tissue requiring revascularization or immunosuppression in the
					 recipient.
(4)
Organ
					 procurement organization (OPO)
means a facility or institution engaged
					 in procuring organs and/or vascularized composite allografts for
					 transplantation, or therapy purposes but does not include:
(i) facilities or institutions which permit
					 procurement activities to be conducted on their premises by employees or agents
					 of an approved organ procurement organization; or
(ii) facilities or consortia of facilities
					 which conduct transplantation activities in accordance with article 28 of the
					 Public Health Law when the organ is procured through an approved organ
					 procurement organization, or from a living donor.
(5)
Organ trafficking
is the
					 recruitment, transport, transfer, harboring or receipt of living or deceased
					 persons or their organs by means of the threat or use of force or other forms
					 of coercion, of abduction, of fraud, of deception, of the abuse of power or of
					 a position of vulnerability, or of the giving to, or the receiving by, a third
					 party of payments or benefits to achieve the transfer of control over the
					 potential donor, for the purpose of exploitation by the removal of organs for
					 transplantation.
(6)
Patient
means either the living donor or the recipient:
(i)
adult
means a patient 18
					 years of age or older at the time of the transplant;
(ii)
pediatric patient
means
					 a patient who has not reached his or her 18th birthday at the time of the
					 transplant.
(7)
Qualified mental health professional
shall mean a
					 psychiatrist, psychologist, or qualified social worker assigned to evaluate the
					 potential recipient and/ or living donor.
(8)
Qualified social worker
shall mean a person who is licensed and registered by the State Education
					 Department to practice as a licensed master social worker (LMSW) or licensed
					 clinical social worker (LCSW), within the scope of practice defined in article
					 154 of the Education Law.
(9)
Recipient
is an individual who receives transplanted organs,
					 or a vascularized composite allograft.
(10)
Transplant center
means
					 a unit within a hospital that performs transplants, including but not limited
					 to activities such as qualifying patients for transplant, registering patients
					 on the national wait list, performing transplant surgery and providing care
					 before and after transplant. A transplant center may include one or more
					 transplant programs.
(11)
Transplant commercialism
is a policy or practice in which an
					 organ is treated as a commodity, including being bought, sold, or used for
					 material gain.
(12)
Transplant program
means the persons or entity that provides
					 organ specific transplant services within a transplant center.
(13)
Transplant services
means the provision of organ, living donor and or vascularized composite
					 allograft transplants and other medical and surgical specialty services
					 required for the care of transplant recipients and living donors.
(14)
Transplant tourism
is
					 travel for transplant that involves organ trafficking and/or transplant
					 commercialism.
(15)
Travel
					 for transplant
is the movement of organs, vascularized composite
					 allografts, donors, recipients, or transplant professionals who travel across
					 national borders for transplant purposes.
(16)
Vascularized composite
					 allograft
means a contiguous segment of mixed allogeneic tissues whose
					 relationships have been altered only at the segment boundaries and whose
					 transplantation requires revascularization and/or immunosuppression in the
					 recipient. Vascularized composite allografts include, but are not limited to,
					 hand, face, and other such contiguous segments.