New York Laws
Title 1 - Organ, Tissue and Body Parts Procurement and Storage
4365 - Powers and Duties of the Commissioner.

(a) guidelines and procedures for obtaining fully informed consent
from potential donors, including but not limited to a full disclosure of
any known or potential health risks of the ova donation process;
(b) the development and distribution, in printed form and on the
department's website, of informational material relating to the donation
of ova;
(c) the establishment of a voluntary central tracking registry of ova
donor information, as reported by banks and storage facilities licensed
pursuant to this article upon the affirmative consent of an ova donor.
Such registry shall provide a means for gathering and maintaining
accurate information on the:
(i) number of ova and the number of times ova have been donated from a
single donor;
(ii) health information of the donor at the time of the donation; and
(iii) other information deemed appropriate by the commissioner.
In addition, all such regulations shall maintain the anonymity of the
donor and any resulting offspring and govern access to information
maintained by the registry. Such registry shall comply with all state
and federal laws and regulations related to maintaining the privacy and
confidentiality of records contained within the registry; and
(d) the development of best practices and procedures, in consultation
with the American college of obstetricians and gynecologists, American
society for reproductive medicine and other medical organizations, for
ova donation, ova retrieval, and in vitro fertilization for the
protection of the health and safety of the donor.
5. The commissioner may inquire into the operation of banks and
storage facilities and may conduct periodic inspections of banks and
storage facilities including methods, procedures, materials, staff and
equipment.
6. Organ procurement organizations, banks, storage facilities, and
other persons engaged in procurement activities shall submit, in a form
prescribed by the department, periodic reports of procurement, storage
and distribution activities and such other information as the
commissioner may require to carry out the provisions of this article.
Where available, the commissioner shall utilize information reported by
organ procurement organizations to the organ procurement and
transplantation network established pursuant to section three hundred
seventy-two of the federal public health services act.
7. In consultation with the transplant council, the commissioner is
authorized to establish subcategories of licenses based upon the tissue
and non-transplant organs to be procured or stored by banks and storage
facilities and the activities to be conducted and may include different
standards for each subcategory of license.
8. Nothing contained within this article shall limit the authority of
the council on human blood and transfusion services to adopt rules and
regulations concerning blood and bone marrow in accordance with article
thirty-one of this chapter.
9. The commissioner, in cooperation and consultation with the
transplant council and other interested parties, shall develop and
distribute, in printed form and on the department's internet website,
informational materials relating to the live donation of organs and
tissue, including, but not limited to:
(a) the benefits of live organ and tissue donation;
(b) the impact of the donation of organs or tissue on the donors'
access to insurance and assistance;
(c) the reduction in federal adjusted gross income, for state personal
income tax purposes, granted to living organ and tissue donors; and
(d) the protections and benefits granted pursuant to the living donor
protection act of two thousand eighteen.