Section 4362. Organ procurement organizations

1. No person shall own or
  operate an organ procurement organization that is principally located or
  operated in New York state unless:
    (a) the organization is  currently  designated  by  the  secretary  of
  health and human services as an organ procurement organization; and
    (b) the organ procurement organization is operated by a not-for-profit
  corporation  having  a  board of directors which meets no less than four
  times annually or is operated by a hospital and has  an  advisory  board
  which meets no less than four times annually. At least thirty percent of
  the members of the board of directors or advisory board shall be members
  of  the  public  not  otherwise directly or indirectly affiliated with a
  transplant center or organ procurement organization, and not  more  than
  fifty  percent  shall be surgeons or physicians. Such board of directors
  or advisory  board  shall  include  representatives  of  more  than  one
  transplant  center.  The  board  of  directors  of  an organ procurement
  organization operated by a not-for-profit corporation  or  the  advisory
  board  of an organ procurement organization operated by a hospital shall
  be responsible for developing  and  adopting  the  written  by-laws  and
  policies   that   govern   the   operation   of  the  organ  procurement
  organization.  All such by-laws and policies for  an  organ  procurement
  organization  operated by a hospital shall be subject to approval by the
  board of directors of the hospital. Written policies shall include,  but
  not be limited to: (i) policies and procedures to educate the public and
  health  care professionals about organ donations; (ii) medical standards
  for donor screening and testing; (iii) policies and procedures  for  the
  distribution  of organs; (iv) procedures to ensure fiscal accountability
  of the organ procurement organization; and (v) policies  concerning  any
  arrangements  or  agreements that the organ procurement organization may
  enter with tissue banks storage facilities or  other  organ  procurement
  organizations.
    2.  No  hospital  or  other facility and no physician shall permit any
  person to, and no  person  shall,  procure  organs  for  transplantation
  unless  such  person has been designated in accordance with this article
  or has been asked by a  designated  organ  procurement  organization  to
  procure a specified organ.
    3.  The commissioner, in consultation with the transplant council, may
  promulgate regulations to  establish  standards  for  organ  procurement
  organizations   regarding   organ   sharing   among   organ  procurement
  organizations in this state. Such standards shall include  policies  for
  sera  sharing  or  other  measures to meet the needs of patients who are
  highly sensitized and for whom it is difficult to  identify  a  suitable
  kidney  due  to  conditions  such  as a blood transfusion, immunization,
  prior pregnancy or a previous failed kidney transplant.