Section 4363. Waiting lists for organs

1.  All  organs  retrieved for
  transplantation in New  York  state  shall  be  allocated  according  to
  waiting  lists  developed  by  the organ procurement organization in the
  service area in which the organ is  procured,  provided,  however,  that
  nothing  herein  shall  preclude  the  exercise  of  medical judgment in
  determining the  suitability  of  a  proposed  recipient  to  receive  a
  particular  organ,  and  provided  further, however, that if an organ is
  brought into a service area of an organ  procurement  organization  from
  the  service  area  of another organ procurement organization, the organ
  shall be allocated according to the waiting list developed by the  organ
  procurement organization in the service area in which the organ is to be
  implanted. Nothing in this section shall prohibit:
    (a) an individual donor from designating the recipient of an organ;
    (b)  organ  sharing  with  other  organ  procurement  organizations in
  accordance with federal and state standards including standards 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;
    (c) organ  sharing  with  other  organ  procurement  organizations  in
  accordance with organ sharing agreements approved by the commissioner.
    2.  No  organ procurement organization designated to serve any part of
  New York state shall  place  any  person  on  a  waiting  list  for  the
  allocation of organs for transplantation if that person is listed on any
  other  waiting  list  for the allocation of that organ maintained by any
  other organ procurement organization designated to serve any part of New
  York state.
    3. No person may place his or her name  on  a  waiting  list  for  the
  allocation   of  organs  for  transplantation  maintained  by  an  organ
  procurement organization designated to serve any part of New York  state
  if  the person is listed on any other waiting list for the allocation of
  that organ  maintained  by  any  other  organ  procurement  organization
  designated to serve any part of New York state. Each facility performing
  transplant  services  shall  inform a patient of the prohibition against
  being  placed  on  multiple  waiting  lists  before  arranging  for  the
  placement of the patient on a waiting list.
    4.  In  policies  and  procedures  for  distributing  organs, no organ
  procurement organization  shall  consider  or  give  any  preference  to
  patients  in  a  facility  based  upon  the  facility's  past or present
  procurement performance or its past or present relationship with a donor
  hospital.