S T A T E O F N E W Y O R K
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10036
I N A S S E M B L Y
June 10, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Peoples-
Stokes) -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to death, burial and
removal permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4142-a to read as follows:
S 4142-A. DEATH CERTIFICATES; UNCLAIMED CADAVERS AND ANATOMICAL
DONATIONS. AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE
OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS THAT
ELECTS TO FILE DEATH CERTIFICATES, SHALL:
(A) OBTAIN THE PERSONAL AND STATISTICAL PARTICULARS REQUIRED FOR THE
CERTIFICATE OF DEATH FROM A COMPETENT PERSON ACQUAINTED WITH THE FACTS
AND QUALIFIED TO SUPPLY THEM AND ENTER THEM ON THE CERTIFICATE TOGETHER
WITH THE NAME AND ADDRESS OF HIS OR HER INFORMANT;
(B) PRESENT THE CERTIFICATE PROMPTLY TO ATTENDING PHYSICIAN, NURSE
PRACTITIONER WHO SHALL FORTHWITH CERTIFY TO THE FACTS OF DEATH, PROVIDE
THE MEDICAL INFORMATION REQUIRED BY THE CERTIFICATE AND SIGN THE MEDICAL
CERTIFICATE OF DEATH, OR TO THE CORONER OR MEDICAL EXAMINER IN THOSE
CASES WHERE SO REQUIRED BY THIS ARTICLE OR, WHEN A DEATH OCCURS IN A
HOSPITAL, EXCEPT IN THOSE CASES WHERE CERTIFICATES ARE ISSUED BY CORON-
ERS OR MEDICAL EXAMINERS, TO THE PERSON IN CHARGE OF SUCH HOSPITAL OR
HIS OR HER DESIGNATED REPRESENTATIVE, WHO SHALL OBTAIN THE MEDICAL
CERTIFICATE OF DEATH AS PRESCRIBED IN SECTION FORTY-ONE HUNDRED
FORTY-ONE-A OF THIS TITLE;
(C) STATE THE FACTS REQUIRED ON THE CERTIFICATE OF DEATH RELATIVE TO
THE DATE AND PLACE OF BURIAL, CREMATION OR REMOVAL, OVER HIS SIGNATURE
AND WITH HIS OR HER ADDRESS; AND
(D) PRIOR TO THE DISPOSITION OF THE REMAINS, FILE THE CERTIFICATE OF
DEATH WITH THE REGISTRAR OF THE DISTRICT IN WHICH THE DEATH OCCURRED AS
PROVIDED IN SECTION FORTY-ONE HUNDRED FORTY OF THIS TITLE.
S 2. Subdivision 2 of section 4140 of the public health law is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15223-01-4
A. 10036 2
2. If the certificate of death is properly executed and complete, the
registrar of the district in which the death occurred shall then issue a
burial or removal permit to the funeral director [or], undertaker, OR AN
INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP-
TER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS. In case the death
occurred from a disease which is designated in the sanitary code as a
communicable disease, no permit for the removal or other disposition of
the body shall be issued by the registrar, except to a funeral director
or undertaker licensed in accordance with the provisions of this chap-
ter, under such conditions as may be prescribed in the sanitary code.
S 3. Subdivision 1 and paragraphs (b), (c) and (d) of subdivision 2 of
section 4144 of the public health law, subdivision 1 as amended by chap-
ter 617 of the laws of 1980, paragraph (b) of subdivision 2 as amended
by chapter 352 of the laws of 2013 and paragraph (d) of subdivision 2 as
amended by chapter 267 of the laws of 1967, are amended to read as
follows:
1. The body of any person whose death occurs in this state, or which
shall be found dead herein shall not be interred, deposited in a vault
or tomb, cremated or otherwise disposed of, or removed from the county
in which the death occurred or the body was found, or be temporarily
held pending further disposition more than seventy-two hours after
death, unless a permit for burial, removal, or other disposition thereof
shall have been properly issued by the registrar of vital statistics of
the registration district in which the death occurred or the body was
found, except that such a body may be removed to an adjacent county
without first obtaining a permit therefor; provided, however, that AN
INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP-
TER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS MAY APPLY FOR AND
RECEIVE SUCH PERMIT OR a licensed funeral director may apply for and
receive such permit on behalf of any person or institution authorized by
article forty-two or forty-three of this chapter to receive unclaimed
cadavers or anatomical gifts.
(b) Verbal permission to remove a body of a deceased person from the
county in which death occurred or the body was found to a non-adjacent
county within the state of New York, as provided in subdivision one of
this section, shall be issued by the said registrar of vital statistics,
upon request by telephone of a licensed funeral director [or], undertak-
er OR AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF
THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS who holds
a certificate of death signed by the attending physician or nurse prac-
titioner, or for deaths occurring on or after the implementation date
under section forty-one hundred forty-eight of this title, such certif-
icate of death signed by the attending physician or nurse practitioner
is available electronically in accordance with section forty-one hundred
forty-eight of this title, showing that the death resulted from natural
causes and was not a result of accidental, suicidal, homicidal or other
external causes.
(c) If it is not possible for the funeral director [or], undertaker OR
AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS
CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS to communicate
with the registrar by telephone, verbal permission to remove a body of a
deceased person under the same conditions as those prescribed for the
registrar may be issued by the commissioner or person authorized by him.
(d) The funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED
BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED
CADAVERS OR ANATOMICAL GIFTS who shall make any removal before a permit
A. 10036 3
is issued by the registrar, shall return the body to the registration
district where death occurred, whenever the coroner, medical examiner,
or district attorney shall request such return of the body for investi-
gation or post-mortem examination.
S 4. Paragraphs (a) and (b) of subdivision 2 and subdivision 4 of
section 4145 of the public health law, paragraph (a) of subdivision 2 as
amended by chapter 543 of the laws of 2003, paragraph (b) of subdivision
2 as amended by chapter 198 of the laws of 2005, are amended to read as
follows:
(a) The funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED
BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED
CADAVERS OR ANATOMICAL GIFTS shall deliver the burial permit to the
person in charge of the place of burial or other disposition before
interring or otherwise disposing of the body or shall attach the removal
or transit permit to the box containing the body, when shipped by any
transportation company, which permit shall accompany the remains to its
destination, where, if within this state, it shall be delivered to the
person in charge of the place of burial or other disposition.
(b) Any person or other entity owning, operating, managing, or desig-
nated to receive the body of a deceased person at a place of burial,
cremation, or other final disposition in this state, who receives the
body of a deceased person, shall provide a receipt for the body to the
funeral director, undertaker, AN INSTITUTION AUTHORIZED BY ARTICLE
FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS
OR ANATOMICAL GIFTS or registered resident who delivered such body. Each
receipt shall (i) be endorsed by both such person and the funeral direc-
tor, undertaker or registered resident, (ii) indicate the date the body
was delivered, (iii) include the name of the funeral director, undertak-
er, AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF
THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS or regis-
tered resident delivering the body and the registration number of such
funeral director, undertaker or registered resident, (iv) include the
name of the registered funeral firm the funeral director, undertaker, AN
INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP-
TER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS or registered
resident represents, (v) include the name of the deceased person as it
appears on the burial, cremation, or transit permit, and (vi) include
the name of the owner, operator, manager, or person in charge of the
place of burial, cremation, or other final disposition who received the
body of the deceased person. A copy of such receipt shall be retained by
the owner, operator, manager, or person in charge of the place of buri-
al, cremation, or other final disposition for a period of not less than
four years, and shall be made available for inspection by the division
of cemeteries during normal business hours. The original copy of every
such receipt shall be retained by the licensed funeral firm for a period
of not less than four years pursuant to the rules and regulations of the
department governing the maintenance of records.
4. When burying or otherwise disposing of the body of a deceased
person in a cemetery or burial place having no person in charge, the
funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED BY ARTI-
CLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAV-
ERS OR ANATOMICAL GIFTS shall (a) sign the burial or removal permit,
giving the date of burial; (b) write across the face of the permit the
words "No person in charge;" and (c) file the burial or removal permit
within three days with the registrar of the district in which the ceme-
tery is located.
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S 5. Section 4212 of the public health law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN INSTITUTION AUTHOR-
IZED BY SECTION FORTY-TWO HUNDRED ELEVEN OF THIS TITLE MAY FILE CERTIF-
ICATES AND PERMITS PURSUANT TO SECTIONS FORTY-ONE HUNDRED FORTY-TWO,
FORTY-ONE HUNDRED FORTY-FOUR AND FORTY-ONE HUNDRED FORTY-FIVE OF THIS
CHAPTER FOR ANY UNCLAIMED CADAVERS RECEIVED. THE INSTITUTION SHALL
ENSURE THE INDIVIDUALS FILING PERMITS OR TRANSPORTING CADAVERS HAVE THE
NECESSARY EDUCATION AND TRAINING.
S 6. The public health law is amended by adding a new section 4302-a
to read as follows:
S 4302-A. USING ANATOMICAL GIFTS FOR RESEARCH. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, AN ACCREDITED MEDICAL SCHOOL OR DENTAL SCHOOL,
COLLEGE OR UNIVERSITY, BANK OR STORAGE FACILITY FOR EDUCATION, RESEARCH,
ADVANCEMENT OF MEDICAL OR DENTAL SCIENCE, THERAPY OR TRANSPLANT AUTHOR-
IZED TO RECEIVE ANATOMICAL DONATIONS MAY FILE CERTIFICATES AND PERMITS
PURSUANT TO SECTIONS FORTY-ONE HUNDRED FORTY-TWO, FORTY-ONE HUNDRED
FORTY-FOUR AND FORTY-ONE HUNDRED FORTY-FIVE OF THIS CHAPTER FOR
DONATIONS MADE DIRECTLY TO SUCH INSTITUTION. THE INSTITUTION SHALL
ENSURE THE INDIVIDUALS FILING PERMITS OR TRANSPORTING CADAVERS HAVE THE
NECESSARY EDUCATION AND TRAINING.
S 7. This act shall take effect on the sixtieth day after it shall
have become a law.