Assembly Bill A6372A

Signed By Governor
2015-2016 Legislative Session

Prohibits, in N.Y. city, delivery of an unclaimed body to a university, college, school or institute, unless consent of the deceased or person authorized to control disposition has been granted

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Sponsored By

Archive: Last Bill Status Via S4430 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A6372 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4211, Pub Health L

2015-A6372 - Summary

Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.

2015-A6372 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6372

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law,  in  relation  to  requiring  the
  consent  of  the spouse or next of kin of an unclaimed deceased person
  prior to delivery of such person to a university, college,  school  or
  institute for dissection or autopsy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 4 of section 4211 of the  public  health
law,  as amended by chapter 180 of the laws of 2004, are amended to read
as follows:
  3. No body of a deceased person shall be delivered or released  to  or
received by, any university, college or school or institute[.]:
  (a) [if, within forty-eight hours after death it is desired for inter-
ment  or  other  lawful  disposition by relatives and in the counties of
Oneida,  Onondaga,  Oswego,  Madison  and  Cortland,  by  relatives   or
friends,]  UNTIL  THE SPOUSE, AND IF HE OR SHE SHALL HAVE HAD NO SPOUSE,
THE NEXT OF KIN OF THE DECEASED PERSON SHALL HAVE CONSENTED  IN  WRITING
TO  THE DELIVERY AND RELEASE OF THE BODY OF SUCH PERSON TO THE UNIVERSI-
TY, COLLEGE, SCHOOL OR INSTITUTE FOR THE PURPOSE OF DISSECTION OR AUTOP-
SY. IN THE EVENT THAT THE SPOUSE OR NEXT OF  KIN  ARE  NOT  LOCATED,  IT
SHALL  BE  PRESUMED  THAT  THE DECEASED PERSON AND HIS OR HER FAMILY AND
NEXT OF KIN OBJECT TO DISSECTION AND AUTOPSY, THE BODY SHALL BE RELEASED
FOR BURIAL; or[,]
  (b) if prior to his or her death, the person shall  have  expressed  a
desire  that  his or her body be interred or otherwise lawfully disposed
of, is carrying an identification card upon his or her person indicating
his or her opposition to the dissection or autopsy of his or her  body[,
or,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-02-5

A. 6372                             2

co-Sponsors

2015-A6372A - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4211, Pub Health L

2015-A6372A - Summary

Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.

2015-A6372A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6372--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  public health law, in relation to requiring the
  consent of the spouse or next of kin of an unclaimed  deceased  person
  prior  to  delivery  of  such person to a university, college, school,
  institute or mortuary school for embalming, dissection or autopsy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions 3 and 4 of section 4211 of the public health
law, as amended by chapter 180 of the laws of 2004, are amended to  read
as follows:
  3.  No  body of a deceased person shall be delivered or released to or
received by, any university, college [or], school  [or],  institute[.]OR
MORTUARY SCHOOL:
  (a) [if, within forty-eight hours after death it is desired for inter-
ment  or  other  lawful  disposition by relatives and in the counties of
Oneida,  Onondaga,  Oswego,  Madison  and  Cortland,  by  relatives   or
friends,]  UNTIL  THE SPOUSE, AND IF HE OR SHE SHALL HAVE HAD NO SPOUSE,
THE NEXT OF KIN OF THE DECEASED PERSON SHALL HAVE CONSENTED  IN  WRITING
TO  THE DELIVERY AND RELEASE OF THE BODY OF SUCH PERSON TO THE UNIVERSI-
TY, COLLEGE, SCHOOL, INSTITUTE OR MORTUARY SCHOOL  FOR  THE  PURPOSE  OF
EMBALMING,  DISSECTION  OR  AUTOPSY.  THE  UNIVERSITY,  COLLEGE, SCHOOL,
INSTITUTE OR MORTUARY SCHOOL DESIRING CUSTODY OF THE BODY OF A  DECEASED
PERSON  SHALL  HAVE THE DUTY TO LOCATE AND OBTAIN THE WRITTEN CONSENT OF
THE SPOUSE OR NEXT OF KIN OF SUCH DECEASED PERSON. IN THE EVENT THAT THE
SPOUSE OR NEXT OF KIN ARE NOT LOCATED, IT SHALL  BE  PRESUMED  THAT  THE
DECEASED  PERSON AND HIS OR HER FAMILY AND NEXT OF KIN OBJECT TO EMBALM-
ING, DISSECTION AND AUTOPSY, THE BODY  SHALL  BE  RELEASED  FOR  BURIAL;
or[,]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-04-5

co-Sponsors

2015-A6372B - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4211, Pub Health L

2015-A6372B - Summary

Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.

2015-A6372B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6372--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  requiring,  in  a
  city  having  a  population of one million or more, the consent of the
  spouse or next of kin of an unclaimed deceased person prior to  deliv-
  ery  of  such  person  to  a university, college, school, institute or
  mortuary school for embalming, dissection or autopsy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 4211 of the public health law is amended by adding
two new subdivisions 3-a and 4-a to read as follows:
  3-A. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO BODY  OF
A  DECEASED PERSON SHALL BE DELIVERED OR RELEASED TO OR RECEIVED BY, ANY
UNIVERSITY, COLLEGE, SCHOOL, INSTITUTE OR MORTUARY SCHOOL:
  (A) UNTIL THE SPOUSE, AND IF HE OR SHE SHALL HAVE HAD NO  SPOUSE,  THE
NEXT  OF  KIN  OF THE DECEASED PERSON SHALL HAVE CONSENTED IN WRITING TO
THE DELIVERY AND RELEASE OF THE BODY OF SUCH PERSON TO  THE  UNIVERSITY,
COLLEGE, SCHOOL, INSTITUTE OR MORTUARY SCHOOL FOR THE PURPOSE OF EMBALM-
ING,  DISSECTION  OR AUTOPSY. THE UNIVERSITY, COLLEGE, SCHOOL, INSTITUTE
OR MORTUARY SCHOOL DESIRING CUSTODY OF THE BODY  OF  A  DECEASED  PERSON
SHALL  HAVE  THE  DUTY  TO  LOCATE AND OBTAIN THE WRITTEN CONSENT OF THE
SPOUSE OR NEXT OF KIN OF SUCH DECEASED PERSON. IN  THE  EVENT  THAT  THE
SPOUSE OR NEXT OF KIN IS NOT LOCATED, THEN IT SHALL BE PRESUMED THAT THE
DECEASED  PERSON AND HIS OR HER FAMILY AND NEXT OF KIN OBJECT TO EMBALM-
ING, DISSECTION AND AUTOPSY, AND THE BODY SHALL BE RELEASED FOR  BURIAL;
OR
  (B)  IF  PRIOR  TO HIS OR HER DEATH, THE PERSON SHALL HAVE EXPRESSED A
DESIRE THAT HIS OR HER BODY BE INTERRED OR OTHERWISE  LAWFULLY  DISPOSED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-08-5

co-Sponsors

2015-A6372C - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4211, Pub Health L

2015-A6372C - Summary

Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.

2015-A6372C - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6372--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Health  in  accordance  with Assembly Rule 3, sec. 2 --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  public  health law, in relation to limiting the
  release of a body to a university, college, school or institute  in  a
  city having a population of one million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4211 of the public health law is amended by  adding
a new subdivision 3-a to read as follows:
  3-A. (A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO BODY
OF  A  DECEASED PERSON SHALL BE DELIVERED OR RELEASED TO OR RECEIVED BY,
ANY UNIVERSITY, COLLEGE, SCHOOL OR  INSTITUTE,  INCLUDING  ANY  MORTUARY
SCHOOL UNLESS:
  (I)  THE  PERSON  AUTHORIZED  TO  CONTROL THE DISPOSITION OF SUCH BODY
UNDER SECTION FORTY-TWO HUNDRED ONE OF THIS ARTICLE CONSENTS IN  WRITING
TO  THE DELIVERY AND RELEASE OF THE BODY OF SUCH PERSON TO THE UNIVERSI-
TY,  COLLEGE,  SCHOOL  OR  INSTITUTE  FOR  THE  PURPOSE  OF   EMBALMING,
DISSECTION  OR AUTOPSY, PROVIDED THAT A CHIEF FISCAL OFFICER OF A COUNTY
OR A PUBLIC ADMINISTRATOR  SHALL  NOT  BE  AUTHORIZED  TO  PROVIDE  SUCH
CONSENT; OR
  (II)  THE DECEDENT HAS THROUGH A LAWFULLY EXECUTED WRITTEN INSTRUMENT,
WILL OR TRUST, CONSENTED TO SUCH DELIVERY OR RELEASE;
  (B) IN NO EVENT SHALL SUCH DELIVERY OR  RELEASE  FOR  THE  PURPOSE  OF
EMBALMING,  DISSECTION  OR AUTOPSY BE AUTHORIZED WHERE THE PROVISIONS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-11-6

co-Sponsors

2015-A6372D (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §4211, Pub Health L

2015-A6372D (ACTIVE) - Summary

Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.

2015-A6372D (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6372--D

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Health  in  accordance  with Assembly Rule 3, sec. 2 --
  reported  and  referred  to  the  Committee  on  Codes  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health  law,  in  relation  to  limiting  the
  release  of  a body to a university, college, school or institute in a
  city having a population of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 4211 of the public health law is amended by adding
a new subdivision 3-a to read as follows:
  3-A. (A) IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO BODY
OF A DECEASED PERSON SHALL BE DELIVERED OR RELEASED TO OR  RECEIVED  BY,
ANY  UNIVERSITY,  COLLEGE,  SCHOOL  OR INSTITUTE, INCLUDING ANY MORTUARY
SCHOOL UNLESS:
  (I) THE PERSON AUTHORIZED TO CONSENT TO MAKE AN ANATOMICAL  GIFT  WITH
RESPECT  TO THE DECEDENT UNDER ARTICLE FORTY-THREE OF THIS CHAPTER MAKES
SUCH AN ANATOMICAL GIFT THAT WOULD ENCOMPASS SUCH DELIVERY OR RELEASE;
  (II) THE PERSON AUTHORIZED TO CONTROL THE  DISPOSITION  OF  SUCH  BODY
UNDER  SECTION FORTY-TWO HUNDRED ONE OF THIS ARTICLE CONSENTS IN WRITING
TO THE DELIVERY AND RELEASE OF THE BODY OF SUCH PERSON TO THE  UNIVERSI-
TY,   COLLEGE,  SCHOOL  OR  INSTITUTE  FOR  THE  PURPOSE  OF  EMBALMING,
DISSECTION OR AUTOPSY, PROVIDED THAT A CHIEF FISCAL OFFICER OF A  COUNTY
OR  A  PUBLIC  ADMINISTRATOR  SHALL  NOT  BE  AUTHORIZED TO PROVIDE SUCH
CONSENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-15-6

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