Thursday, February 18, 2010

NOTA: prohibition of sales

Sec. 274e - Prohibition of organ purchases

This is only section in NOTA in which anything is expressly "prohibited."

The elements of the prohibition in sec. 274e(a) are:
1. Scienter
2. Transfer
3. Human Organ
4. Valuable Consideration
5. Interstate commerce (as state law, see UAGA, also prohibits sales in-state)

Valuable consideration does not include the costs of performing the transfer, sec. 274e(c)(2).


Va

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