2012 New York Consolidated Laws
PBH - Public Health
Article 43-B - (4360 - 4368) 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 the  commissioner  on
  matters  relating to organ procurement organizations, banks, and storage
  facilities  and  other  issues  related  to  the  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. 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.
    6.  (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  to the commissioner regarding state regulation of organ
  procurement organizations and activities and  tissue  banks  and  tissue
  procurement  activities  provided  that  the  council shall make initial
  recommendations to the commissioner on or before April  first,  nineteen
  hundred ninety-two.
    (b)  Prior  to  the  commissioner's final approval and promulgation of
  such proposed rules and regulations, 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 such proposed rules  and  regulations,  the
  commissioner  shall  provide a written explanation of such determination
  to the council.