N.Y. Pub. Health Law § 4307

§ 4307. Prohibition of sales and purchases of human organs. 1. It\nshall be unlawful for any person to knowingly acquire, receive, or\notherwise transfer for valuable consideration any human organ for use in\nhuman transplantation. The term human organ means the human kidney,\nliver, heart, lung, bone marrow, and any other human organ or tissue as\nmay be designated by the commissioner but shall exclude blood. The term\n"valuable consideration" does not include the reasonable payments\nassociated with the removal, transportation, implantation, processing,\npreservation, quality control, and storage of a human organ or the\nexpenses of travel, housing, and lost wages incurred by the donor of a\nhuman organ in connection with the donation of the organ. Any person who\nviolates this section shall be guilty of a class E felony.\n 2. For the purposes of this section, the donation of a kidney or other\norgan from a live donor for transplantation into an individual\nconditioned upon the donation and transplantation of a similar organ\ninto an individual specified by the donor shall not, in and of itself,\nbe considered to be "valuable consideration" provided that such donation\nand transplant are performed in accordance with other applicable laws,\nrules and regulations, including any specific rules and regulations the\ncommissioner may adopt, with the advice and consent of the transplant\ncouncil, with respect to such conditional donations. No individual may\nmake a donation conditioned upon the race, color, creed, national origin\nor religious affiliation of the recipient, and no hospital, organ\nprocurement organization, tissue bank, physician or other professional\nmay participate in the performance of any procedure or otherwise\nfacilitate the donation and/or transfer of organs and/or tissue\nconditioned on such factors.\n