§ 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 herein shall preclude the exercise of medical judgment in\ndetermining the suitability of a proposed recipient to receive a\nparticular organ, and provided further, however, that if an organ is\nbrought into a service area of an organ procurement organization from\nthe service area of another organ procurement organization, the organ\nshall be allocated according to the waiting list developed by the organ\nprocurement organization in the service area in which the organ is to be\nimplanted. Nothing in this section shall prohibit:\n (a) an individual donor from designating the recipient of an organ;\n (b) organ sharing with other organ procurement organizations in\naccordance with federal and state standards including standards to meet\nthe needs of patients who are highly sensitized and for whom it is\ndifficult to identify a suitable kidney due to conditions such as a\nblood transfusion, immunization, prior pregnancy or a previous failed\nkidney transplant;\n (c) organ sharing with other organ procurement organizations in\naccordance with organ sharing agreements approved by the commissioner.\n 2. In policies and procedures for distributing organs, no organ\nprocurement organization shall consider or give any preference to\npatients in a facility based upon the facility's past or present\nprocurement performance or its past or present relationship with a donor\nhospital.\n
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