N.Y. Laws » CHAPTER Public Health / ARTICLE Anatomical Gift Duties of Hospitals and Procurement Organizations
New York Consolidated Laws

N.Y. Public Health Law § 4351 (2026)

Duties of hospital administrators, organ procurement organizations, eye banks or tissue banks

✓ current as of May 2026
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§ 4351. Duties of hospital administrators, organ procurement
organizations, eye banks or tissue banks. 1. (a) When the death of a
person in a hospital has occurred or is imminent, the hospital shall
contact the organ procurement organization in order to make a
preliminary determination of the suitability of the person for organ
donation, except where not required by paragraph (c) of this
subdivision. If a hospital has ascertained that the individual expressed
a desire not to receive life-sustaining treatment, pursuant to section
forty-three hundred six-b of this chapter, the hospital shall make the
organ procurement organization aware.
  (b) Where contact with the organ procurement organization is not
required under criteria developed regionally by the organ procurement
organization subject to the approval of such criteria by the department,
the hospital shall contact the appropriate eye bank or tissue bank,
except where not required by paragraph (c) of this subdivision.
  (c) The organ procurement organization, in consultation with the
tissue procurement providers, may issue criteria under which a hospital
shall not be required to make the contact under this subdivision.
  (d) All hospitals shall select at least one eye bank or tissue bank
for the procurement of tissue, as defined in section forty-three hundred
sixty of this chapter. A hospital shall notify the organ procurement
organization of its choice of tissue procurement provider. If a hospital
selects more than one eye bank or tissue bank, it may specify a rotation
of referrals for purposes of tissue procurement.
  2. Where the organ procurement organization, eye bank or tissue bank
is contacted, it shall, in consultation with the hospital, after
appropriate medical screening (which may include serological testing if
applicable) determine suitability for organ, eye and tissue donation, as
appropriate. Where an organ procurement organization is contacted, it
shall contact the appropriate eye bank or tissue bank with respect to
suitability for eye or tissue donation.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2024 · leading case: Colavito v. New York Organ Donor Network, Inc., 860 N.E.2d 713 (NY 2006).
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Colavito v. New York Organ Donor Network, Inc., 860 N.E.2d 713 (NY 2006). “In keeping with concerns of tact and sensitivity, the statute goes so far as to provide that the person asking for consent be a trained “designated requestor” (Public Health Law § 4351 [5]). The most vexing provision in article 43-A is section 4351 (7), to which the parties have…”
Colavito v. New York Organ Donor Network, Inc., 438 F.3d 214 (2d Cir. 2006). · cites it 3× “” N.Y. Public Health Law § 4301 (5). It also sets forth comprehensive rules for hospitals and organ donation networks in order to protect donors’ and donees’ interests.”
Nunez v. New York Organ Donor Network, Inc., 92 A.D.3d 594 (N.Y. App. Div. 2012). “This good faith immunity provision is incorporated into Public Health Law § 4351 (10), which provides that “any person or organization acting pursuant to this section, shall be legally responsible for any negligent or intentional act or omission committed by such entity or its…”
Anaya v. City of New York, 2024 NY Slip Op 30563(U) (N.Y. Sup. Ct., New York Cty. 2024). “Public Health Law § 4351 [1][a]). Subsequently, defendant contends that the responsibility to identify and locate an individual capable of consenting to the donation of decedent's organs solely rested with LiveOnNY ( N.”
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