2012 New York Consolidated Laws
PBH - Public Health
Article 43 - (4300 - 4310) 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 human organ for use in
  human  transplantation.  The  term  human  organ means the human kidney,
  liver, heart, lung, bone marrow, and any other human organ or tissue  as
  may  be designated by the commissioner but shall exclude blood. The term
  "valuable  consideration"  does  not  include  the  reasonable  payments
  associated  with  the removal, transportation, implantation, processing,
  preservation, quality control, and storage  of  a  human  organ  or  the
  expenses  of  travel, housing, and lost wages incurred by the donor of a
  human organ in connection with the donation of the organ. 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.