(b) Prior to the commissioner's final approval and promulgation of proposed rules and regulations relating to organ donation, procurement and/or transplantation, if such rules and regulations are modified in any respect, they shall be submitted to the council in accordance with the provisions of subdivision three of section forty-three hundred sixty-five of this article. If the commissioner determines not to promulgate or amend such proposed rules and regulations as proposed by the council, the commissioner shall provide a written explanation of such determination to the council.
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