Title PBH, Public Health

§ 4216. Body stealing. A person who removes the dead body of a human\nbeing, or any tissue, organ or part thereof from a grave, vault, or\nother place, where the same has been buried, or from a place where the\nsame has been deposited while awaiting burial, without authority of …

§ 4217. Receiving stolen body of a human being. A person who\npurchases, or receives except for the purpose of burial, the dead body\nof a human being, or any tissue, organ, or part thereof, knowing that\nthe same has been removed contrary to section forty-two hundred sixteen\no…

§ 4218. Opening graves. A person who opens a grave or other place of\ninterment, temporary or otherwise, or a building wherein the dead body\nof a human being is deposited while awaiting burial, without authority\nof law, with intent to remove the body, or any tissue, organ or p…

§ 4219. Arresting or attaching a dead body of a human being. A person\nwho arrests or attaches the dead body of a human being upon any debt or\ndemand whatever, or detains or claims to detain it for any debt or\ndemand, or upon any pretended lien or charge, is guilty of a\nmisde…

§ 422. Boards of visitors; compensation and expenses of members.\nMembers of the board of visitors of each hospital in the department\nshall receive no compensation, but each shall be entitled to receive his\nexpenses actually and necessarily incurred in the performance of his\n…

§ 4220. Disturbing funerals. A person who, without authority of law,\nobstructs or detains any persons engaged in carrying or accompanying the\ndead body of a human being to a place of burial, is guilty of a\nmisdemeanor.\n

§ 4221. Removal of eyes and/or parts thereof after death. If any\ndonation, authorization or consent made pursuant to section forty-three\nhundred three of this article or dissection made pursuant to subdivision\nthree of section forty-two hundred ten of this article relates to …

§ 4222. Removal of corneal tissue for transplant and pituitary gland\ntissue for the extraction of growth hormone. 1. Upon request from a\ngeneral hospital or medical center for corneal tissue for transplant or\npituitary gland tissue for extraction of growth hormone, the corone…

§ 423. Boards of visitors; general powers and duties. 1. The board of\nvisitors of each hospital in the department shall have the powers and\nduties expressly conferred or imposed on it by this chapter and such\nother powers and duties, not inconsistent with law as may be prescr…

§ 424. Boards of visitors; access to hospital; books, records and\naccounts. The resident officers of each hospital in the department shall\nadmit the members of the board of visitors of the respective hospital\ninto every part of the hospital and its buildings, and exhibit to t…

§ 425. Boards of visitors; reports to commissioner and governor. 1.\nThe board of visitors of each hospital in the department shall make a\nwritten report to the commissioner and to the governor within ten days\nafter each inspection, such report to be signed by each member maki…

§ 4300. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Anatomical gift" or "gift" means a donation of a whole body or\npart of a human body, to take effect after the donor's death, for the\npurpose of transplantation, therapy,…

§ 4301. Persons who may execute an anatomical gift. 1. (a) Any\nindividual of sound mind and eighteen years of age or more may make an\nanatomical gift to take effect upon their death for any purpose\nspecified in section forty-three hundred two of this article, limit an\nanatom…

§ 4302. Uses and dispositions of anatomical gifts. 1. All anatomical\ngifts made under this article may be made to the following persons named\nin the document of gift:\n (a) a hospital; accredited medical school, dental school, college or\nuniversity; organ procurement organiza…

§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part\nof the body under this article may be made by will. The gift becomes\neffective upon the death of the testator without waiting for probate. If\nthe will is not probated, or if it is declared invalid for test…

§ 4304. Delivery of document of gift. If the gift is made by the donor\nto a specified donee, the will, card or other document or a copy of the\nexecuted document, may be delivered to him or her to expedite the\nappropriate procedures immediately after death; however delivery is…

§ 4305. Amendments or revocation of the gift. 1. An individual who has\ncreated a document of gift may only amend or revoke his or her gift by:\n (a) a record signed, subsequently to the creation of the document of\ngift by:\n (i) such individual;\n (ii) another person authorize…

§ 4306. Rights and duties at death. 1. The donee may accept or reject\nthe gift. If the donee accepts a gift of the entire body, the donee may,\nsubject to the terms of the gift, authorize embalming and the use of the\nbody in funeral services. If the gift is of a part of the bo…

§ 4306-a. Advanced directives and health care proxies. 1. If a\nprospective donor in a hospital has a declaration or advance health care\ndirective and terms of the declaration, directive or proxy document\nconcerning life-sustaining treatment are in conflict with the express or…

§ 4306-b. Withdrawal of life-sustaining treatment. This section\napplies in cases where a prospective donor who has made an anatomical\ngift or whose donation status has not been ascertained is in a hospital.\nThe hospital shall not withdraw any measures that are necessary to\nm…

§ 4307. Prohibition of sales and purchases of human organs. 1. It\nshall be unlawful for any person to knowingly acquire, receive, or\notherwise transfer for valuable consideration any part for use in human\ntransplantation. The term "valuable consideration" does not include the…

§ 4308. Prohibition on charging a fee to a donor's estate.\nNotwithstanding any other provision of law, no physician, hospital or\nother health care provider may charge the donor's estate, family or\ninsurer for any cost incurred in testing or removing a human organ or\ntissue f…

§ 4309. Application. The provisions of this article shall not be\ndeemed to supersede or affect the provisions of the public health law\nrelating to the functions, powers and duties of coroners, coroner's\nphysicians or medical examiners.\n

§ 4310. New York state donate life registry for organ, eye and tissue\ndonations. 1. The department shall establish an organ, eye, and tissue\ndonor registry, which shall be called and be referred to as the "donate\nlife registry", which shall provide a means to make and registe…

§ 4351. Duties of hospital administrators, organ procurement\norganizations, eye banks or tissue banks. 1. (a) When the death of a\nperson in a hospital has occurred or is imminent, the hospital shall\ncontact the organ procurement organization in order to make a\npreliminary de…

§ 4360. Definitions. The following words or phrases, used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n 1. "Bank" or "storage facility" means any person or facility, which\nprocures, stores or arranges for the storage of (a) non-t…

§ 4361. Transplant council. 1. There shall be created in the\ndepartment a transplant council which shall advise and make\nrecommendations to the commissioner on matters relating to organ\ndonation, procurement organizations, banks, and storage facilities and\nother issues relat…

§ 4362. Organ procurement organizations. 1. No person shall own or\noperate an organ procurement organization that is principally located or\noperated in New York state unless:\n (a) the organization is currently designated by the secretary of\nhealth and human services as an or…

§ 4363. Waiting lists for organs. 1. All organs retrieved for\ntransplantation in New York state shall be allocated according to\nwaiting lists developed by the organ procurement organization in the\nservice area in which the organ is procured, provided, however, that\nnothing h…

§ 4364. Licensure of banks and storage facilities. 1. No person shall\nown or operate a bank or storage facility that conducts procurement\nactivity in New York state unless a license has been issued pursuant to\nthis article.\n 2. An application for a license for a bank or stor…

§ 4365. Powers and duties of the commissioner. 1. The commissioner, in\nconsultation with the transplant council, may promulgate regulations to\nestablish standards for banks and storage facilities other than those\nowned or operated by the office of mental health. Such standard…

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or\nannul, a bank or storage facility license or may fine the holder thereof\non proof that the license holder or one or more persons in its employ:\n (a) has engaged in misrepresentation in obtaining the licens…

§ 4367. Separability. If any clause, sentence, paragraph, section or\npart of this article shall be adjudged by any court of competent\njurisdiction to be invalid, the judgment shall not affect, impair, or\ninvalidate the remainder thereof, but shall be confined in its operation…

§ 4368. New York state gift of life medal of honor. The governor shall\nestablish a program for public recognition of organ, tissue and bone\nmarrow donors and their families for their life saving contributions.\nThe governor shall commission the design, with the advice and cons…

§ 4369. Bone marrow registry information. 1. The commissioner, in\nconsultation with health care practitioners and others with expertise in\nbone marrow donation and transplant and with the assistance of the\ntransplant council as appropriate, shall develop and make available\ni…

§ 4370. Definitions. As used in this title, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Living donation" means the gift by an individual of an organ of\nthat individual's body to be transplanted into another indiv…

§ 4371. Reimbursement of living donor expenses. 1. The living donor\nsupport program is hereby established in the department.\n 2. (a) Subject to appropriations therefor, the program shall pay the\nliving donor expenses for living donors who are residents of the state\nand make …

§ 4372. Transplant education of patients with kidney disease or end\nstage renal failure. Nephrologists and primary care providers with\nprimary responsibility of caring for patients with chronic kidney\ndisease stage three or four, or end stage renal disease, shall provide\npat…

§ 4400. Statement of policy and purposes. Encouraging the expansion of\nhealth care services options available to the citizens of the state is a\nmatter of vital state concern. Without such an expansion, increased\nhealth insurance and other benefits will continue to escalate th…

§ 4401. Definitions. For the purpose of this article: 1. "Health\nmaintenance organization" or "organization" means any person, natural or\ncorporate, or any groups of such persons who enter into an arrangement,\nagreement or plan or any combination of arrangements or plans whic…

§ 4402. Health maintenance organizations; application for certificate\nof authority. 1. No person or groups of persons may operate a health\nmaintenance organization or issue a contract to an enrollee for\nmembership in a comprehensive health services plan without first\nobtaini…

§ 4403. Health maintenance organizations; issuance of certificate of\nauthority. 1. The commissioner shall not issue a certificate of\nauthority to an applicant therefor unless the applicant demonstrates\nthat:\n (a) it has defined a proposed enrolled population to which the hea…

* § 4403-a. Special purpose certificate of authority. 1. The\ncommissioner may issue a special purpose certificate of authority to a\nprovider, applying on forms prescribed by the commissioner, seeking to\noffer a comprehensive health services plan on a prepaid contractual\nbasi…

* § 4403-b. Development of comprehensive health services plans. The\ncommissioner is authorized, after consultation with the commissioner of\nsocial services, and subject to the approval of the director of the\nbudget, to make grants to diagnostic and treatment centers and gener…

* § 4403-c. Comprehensive HIV special needs plan certification. 1. No\nperson or group of persons may operate a comprehensive HIV special needs\nplan without first obtaining a certificate of authority from the\ncommissioner. Any person may apply for a comprehensive HIV special n…

§ 4403-d. Special needs managed care plans. No person, group of\npersons, county or counties may operate a special needs managed care\nplan without first obtaining a certificate of authority from the\ncommissioner, issued jointly with the commissioner of the office of\nmental he…

* § 4403-e. Primary care partial capitation providers; partial\ncapitation certificate of authority. 1. The commissioner may issue\npartial capitation certificates of authority to qualified individual\nmedical services providers, counties or entities comprised of medical\nservic…

* § 4403-f. Managed long term care plans. 1. Definitions. As used in\nthis section:\n (a) "Managed long term care plan" means an entity that has received a\ncertificate of authority pursuant to this section to provide, or arrange\nfor, health and long term care services, on a ca…

* § 4403-g. Developmental disability individual support and care\ncoordination organizations. 1. Definitions. As used in this section:\n (a) "Developmental disability individual support and care coordination\norganization" or "DISCO" means an entity that has received a certifica…

§ 4404. Health maintenance organizations; continuance of certificate\nof authority. 1. Continuance by the commissioner of a certificate of\nauthority issued under section forty-four hundred three of this article\nshall be contingent upon satisfactory performance by the organizat…