2020 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.