§ 4300. Definitions. As used in this article, the following terms shall have the following meanings: 1. “Anatomical gift” or “gift” means a donation of a whole body or part of a human body, to take effect after the donor’s death, for the purpose of transplantation, therapy, research or education. 2. “Decedent” means a deceased […]
§ 4301. Persons who may execute an anatomical gift. 1. (a) Any individual of sound mind and eighteen years of age or more may make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two of this article, limit an anatomical gift to one or more of […]
§ 4302. Uses and dispositions of anatomical gifts. 1. All anatomical gifts made under this article may be made to the following persons named in the document of gift: (a) a hospital; accredited medical school, dental school, college or university; organ procurement organization; non-transplant anatomic bank; or other appropriate person, for research or education; (b) […]
§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part of the body under this article may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the […]
§ 4304. Delivery of document of gift. If the gift is made by the donor to a specified donee, the will, card or other document or a copy of the executed document, may be delivered to him or her to expedite the appropriate procedures immediately after death; however delivery is not necessary to the validity […]
§ 4305. Amendments or revocation of the gift. 1. An individual who has created a document of gift may only amend or revoke his or her gift by: (a) a record signed, subsequently to the creation of the document of gift by: (i) such individual; (ii) another person authorized to make the anatomical gift on […]
§ 4306. Rights and duties at death. 1. The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of […]
§ 4306-a. Advanced directives and health care proxies. 1. If a prospective donor in a hospital has a declaration or advance health care directive and terms of the declaration, directive or proxy document concerning life-sustaining treatment are in conflict with the express or implied terms of a potential anatomical gift with regard to the administration […]
§ 4306-b. Withdrawal of life-sustaining treatment. This section applies in cases where a prospective donor who has made an anatomical gift or whose donation status has not been ascertained is in a hospital. The hospital shall not withdraw any measures that are necessary to maintain the medical suitability of the part until the procurement organization […]
§ 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 part for use in human transplantation. The term “valuable consideration” does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, […]
§ 4308. Prohibition on charging a fee to a donor’s estate. Notwithstanding any other provision of law, no physician, hospital or other health care provider may charge the donor’s estate, family or insurer for any cost incurred in testing or removing a human organ or tissue from a donor and such charge shall be void […]
§ 4309. Application. The provisions of this article shall not be deemed to supersede or affect the provisions of the public health law relating to the functions, powers and duties of coroners, coroner’s physicians or medical examiners.
§ 4310. New York state donate life registry for organ, eye and tissue donations. 1. The department shall establish an organ, eye, and tissue donor registry, which shall be called and be referred to as the “donate life registry”, which shall provide a means to make and register a gift of organs, eyes and tissues […]
