2012 New York Consolidated Laws
PBH - Public Health
Article 43-B - (4360 - 4368) 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.