N.Y. Pub. Health Law § 4351

§ 4351. Duties of hospital administrators, organ procurement\norganizations, eye banks or tissue banks. 1. (a) When the death of a\nperson in a hospital has occurred or is imminent, the hospital shall\ncontact the organ procurement organization in order to make a\npreliminary determination of the suitability of the person for organ\ndonation, except where not required by paragraph (c) of this\nsubdivision. If a hospital has ascertained that the individual expressed\na desire not to receive life-sustaining treatment, pursuant to section\nforty-three hundred six-b of this chapter, the hospital shall make the\norgan procurement organization aware.\n (b) Where contact with the organ procurement organization is not\nrequired under criteria developed regionally by the organ procurement\norganization subject to the approval of such criteria by the department,\nthe hospital shall contact the appropriate eye bank or tissue bank,\nexcept where not required by paragraph (c) of this subdivision.\n (c) The organ procurement organization, in consultation with the\ntissue procurement providers, may issue criteria under which a hospital\nshall not be required to make the contact under this subdivision.\n (d) All hospitals shall select at least one eye bank or tissue bank\nfor the procurement of tissue, as defined in section forty-three hundred\nsixty of this chapter. A hospital shall notify the organ procurement\norganization of its choice of tissue procurement provider. If a hospital\nselects more than one eye bank or tissue bank, it may specify a rotation\nof referrals for purposes of tissue procurement.\n 2. Where the organ procurement organization, eye bank or tissue bank\nis contacted, it shall, in consultation with the hospital, after\nappropriate medical screening (which may include serological testing if\napplicable) determine suitability for organ, eye and tissue donation, as\nappropriate. Where an organ procurement organization is contacted, it\nshall contact the appropriate eye bank or tissue bank with respect to\nsuitability for eye or tissue donation.\n