NY State Senate Bill 2015-S4430D

Senate Bill S4430D

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

download bill text pdf

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 18, 2016	signed chap.247
Aug 08, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly ordered to third reading rules cal.438 substituted for a6372d referred to codes delivered to assembly passed senate
Jun 15, 2016	ordered to third reading cal.1764 committee discharged and committed to rules
Jun 13, 2016	print number 4430d
Jun 13, 2016	amend and recommit to health
Jun 09, 2016	print number 4430c
Jun 09, 2016	amend (t) and recommit to health
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 16, 2015	referred to health delivered to assembly passed senate ordered to third reading cal.1662 committee discharged and committed to rules
Jun 12, 2015	print number 4430b
Jun 12, 2015	amend (t) and recommit to health
Apr 29, 2015	print number 4430a
Apr 29, 2015	amend (t) and recommit to health
Mar 20, 2015	referred to health

Votes

- Jun 16, 2016 - Floor Vote
  S4430D
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      excused (1)
      
      Diaz
  Jun 16, 2015 - Floor Vote
  S4430D
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Ranzenhofer
  Jun 15, 2016 - Rules Committee Vote
  S4430D
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2016
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Hannon
      
      Seward
  Jun 16, 2015 - Rules Committee Vote
  S4430D
  
  21
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (21)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (4)
      
      Gianaris
      
      Hannon
      
      Montgomery
      
      Perkins

Bill Amendments

Original

D (Active)

co-Sponsors

2015-S4430 - Details

See Assembly Version of this Bill:: A6372
Law Section:: Public Health Law
Laws Affected:: Amd §4211, Pub Health L

2015-S4430 - 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-S4430 - Sponsor Memo

                                BILL NUMBER:S4430

TITLE OF BILL:  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

PURPOSE:

To prohibit the release and delivery of an unclaimed body to a
university, college, school or institute for dissection, until the
written consent of the deceased person's spouse or next of kin is
acquired.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 and 4 of section 4211 of
the public health law to prohibit the delivery and release of a body
to a university, college, school or institute for the purpose of
dissection or autopsy unless the spouse or next of kin of such
decedent consents in writing. It further provides that if the spouse
or next of kin are not located, it shall be presumed that the deceased
person and their family and next of kin object to dissection or
autopsy, and the body shall be released for burial.

Section 2 is the enacting clause.

EXISTING LAW:

Current law demands the release of an unclaimed body to schools for
study without the written consent from the deceased persons spouse or
next of kin within 48-hours.

JUSTIFICATION:

Under existing law, the director or person in charge of any hospital,
institution, morgue or other place for bodies of deceased persons not
interred or otherwise finally disposed of must deliver an unclaimed
body in their possession, charge, custody or control to an accredited
medical college, school or institute, university and mortuary school,
etc., for dissection, autopsy or study. The unclaimed bodies can be
turned over as soon as 48 hours after death. However, there are many
instances where a body is unclaimed because the spouse or next of kin
is not aware of the death and such spouse or next of kin is not
notified or located. To make matters worse, there are additional
instances where the spouse or next of kin, if notified, would have
objected for religious reasons to the dissection and would have taken
the body for burial according to their religious customs.  To avoid
this tragic situation from happening in the future, this bill would
require the written consent of a spouse or next of kin before an
unclaimed body can be released to a university, college, school or
institute for the purpose of dissection or autopsy.

LEGISLATIVE HISTORY:

None.


FISCAL IMPLICATIONS:

None to the State.

LOCAL FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

This Act shall take effect immediately and shall apply to the delivery
and release of bodies on and after such date.

2015-S4430 - Bill Text download pdf

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

                                  4430

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed 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

S. 4430                             2

  (c)  if the deceased person is known to have a relative whose place of
residence is known or can be ascertained after reasonable  and  diligent
inquiry].
  4.  [(a)]  A  body  of  a  deceased  person  shall not be delivered or
released to, or received by a university, college, school or  institute,
[if  within twenty-four hours after notice of death by the person having
lawful possession, charge, custody or control to the next of kin, or  in
the  counties  of  Oneida, Onondaga, Oswego, Madison and Cortland to the
next of kin, or friend of the deceased person such next of kin or friend
shall claim such body for interment or other lawful  disposition]  UNTIL
THE  PROVISIONS  OF  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS SECTION
HAVE BEEN COMPLIED WITH.
  [(b) Unless a relative or friend of the deceased  person  shall  claim
the body of the deceased person within forty-eight hours after death, or
within twenty-four hours after receipt of notice of death as provided in
paragraph  (a)  of  this  subdivision,  the  next  of  kin, relatives or
friends, as the case may be, shall be deemed to have assented to  deliv-
ery  or  release  to,  and receipt by the university, college, school or
institute, of such dead body.]
  S 2. This act shall take effect immediately and  shall  apply  to  the
delivery and release of bodies on and after such date.

co-Sponsors

2015-S4430A - Details

See Assembly Version of this Bill:: A6372
Law Section:: Public Health Law
Laws Affected:: Amd §4211, Pub Health L

2015-S4430A - Summary

2015-S4430A - Sponsor Memo

                                BILL NUMBER:S4430A

TITLE OF BILL:  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

PURPOSE:  To prohibit the release and delivery of an unclaimed body to
a university, college, school, or institute for embalming, dissection,
or autopsy until the written consent of the deceased person's spouse
or next of kin is acquired.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 3 and 4 of section 4211 of
the public health law to prohibit the delivery and release of a body
to a university, college, school, institute or mortuary school for the
purpose of embalming, dissection or autopsy unless the spouse or next
of kin of such decedent consents in writing. It further provides that
if the spouse or next of kin are not located, it shall be presumed
that the deceased person and their family and next of kin object to
embalming, dissection or autopsy, and the body shall be released for
burial.

Section 2 is the enacting clause.

EXISTING LAW:  Current law demands the release of an unclaimed body to
schools for study without the written consent from the deceased
persons spouse or next of kin within 48-hours.

JUSTIFICATION:  Under existing law, the director or person in charge
of any hospital, institution, morgue or other place for bodies of
deceased persons not interred or otherwise finally disposed of must
deliver an unclaimed body in their possession, charge, custody or
control to an accredited medical college, school or institute,
university and mortuary school, etc , for dissection, autopsy or
study. The unclaimed bodies can be turned over as soon as 48 hours
after death. However, there are many instances where a body is
unclaimed because the spouse or next of kin is not aware of the death
of their loved one and such spouse or next of kin is not located or
notified. To make matters worse, there are additional instances where
the spouse or next of kin, if notified, would have objected for
religious reasons to the embalming or dissection and would have taken
the body for burial according to their religious customs,, To avoid
this tragic situation from happening in the future, this bill would
require the written consent of a spouse or next of kin before an
unclaimed body can be released to a university, college, school,
institute or mortuary school for the purpose of embalming, dissection
or autopsy.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None to the State

LOCAL FISCAL IMPLICATIONS: Unknown


EFFECTIVE DATE:  This act shall take effect immediately and shall
apply to the delivery and release of bodies on and after such date.

2015-S4430A - Bill Text download pdf

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

                                 4430--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted 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.
                                                           LBD09006-03-5

S. 4430--A                          2

  (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 EMBALMING, dissection or autopsy of his or
her body[, or,
  (c)  if the deceased person is known to have a relative whose place of
residence is known or can be ascertained after reasonable  and  diligent
inquiry].
  4.  [(a)]  A  body  of  a  deceased  person  shall not be delivered or
released to, or received by a university, college, school  [or],  insti-
tute  OR  MORTUARY  SCHOOL, [if within twenty-four hours after notice of
death by the person having lawful possession, charge, custody or control
to the next of kin, or in the  counties  of  Oneida,  Onondaga,  Oswego,
Madison  and  Cortland  to  the  next  of kin, or friend of the deceased
person such next of kin or friend shall claim such body for interment or
other lawful disposition] UNTIL  THE  PROVISIONS  OF  PARAGRAPH  (A)  OF
SUBDIVISION THREE OF THIS SECTION HAVE BEEN COMPLIED WITH.
  [(b)  Unless  a  relative or friend of the deceased person shall claim
the body of the deceased person within forty-eight hours after death, or
within twenty-four hours after receipt of notice of death as provided in
paragraph (a) of  this  subdivision,  the  next  of  kin,  relatives  or
friends,  as the case may be, shall be deemed to have assented to deliv-
ery or release to, and receipt by the  university,  college,  school  or
institute, of such dead body.]
  S  2.  This  act  shall take effect immediately and shall apply to the
delivery and release of bodies on and after such date.

co-Sponsors

2015-S4430B - Details

See Assembly Version of this Bill:: A6372
Law Section:: Public Health Law
Laws Affected:: Amd §4211, Pub Health L

2015-S4430B - Summary

2015-S4430B - Sponsor Memo

                                BILL NUMBER:S4430B

TITLE OF BILL:  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 delivery of such person to a university, college, school,
institute or mortuary school for embalming, dissection or autopsy

PURPOSE:

To prohibit the release and delivery of an unclaimed body to a
university, college, school, or institute for embalming, dissection,
or autopsy until the written consent of the deceased person's spouse
or next of kin is acquired.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds new subdivisions 3-a and 4-a of section
4211 of the public health law to prohibit the delivery and release of
a body to a university, college, school, institute or mortuary school
for the purpose of embalming, dissection or autopsy unless the spouse
or next of kin of such decedent consents in writing. It further
provides that if the spouse or next of kin are not located, it shall
be presumed that the deceased person and their family and next of kin
object to embalming, dissection or autopsy, and the body shall be
released for burial.

Section 2 is the enacting clause.

EXISTING LAW:

Current law demands the release of an unclaimed body to schools for
study without the written consent from the deceased persons spouse or
next of kin within 48-hours.

JUSTIFICATION:

Under existing law, the director or person in charge of any hospital,
institution, morgue or other place for bodies of deceased persons not
interred or otherwise finally disposed of must deliver an unclaimed
body in their possession, charge, custody or control to an accredited
medical college, school or institute, university and mortuary school,
etc., for dissection, autopsy or study. The unclaimed bodies can be
turned over as soon as 48 hours after death. However, there are many
instances where a body is unclaimed because the spouse or next of kin
is not aware of the death of their loved one and such spouse or next
of kin is not located or notified. To make matters worse, there are
additional instances where the spouse or next of kin, if notified,
would have objected for religious reasons to the embalming or
dissection and would have taken the body for burial according to their
religious customs. To avoid this tragic situation from happening in
the future, this bill would require the written consent of a spouse or
next of kin before an unclaimed body can be released to a university,
college, school, institute or mortuary school for the purpose of
embalming, dissection or autopsy. This bill would only apply to the
City of New York


LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

None to the State

LOCAL FISCAL IMPLICATIONS:

Unknown

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to the delivery
and release of bodies on and after such date.

2015-S4430B - Bill Text download pdf

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

                                 4430--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  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,  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.
                                                           LBD09006-07-5

S. 4430--B                          2

OF, IS CARRYING AN IDENTIFICATION CARD UPON HIS OR HER PERSON INDICATING
HIS  OR HER OPPOSITION TO THE EMBALMING, DISSECTION OR AUTOPSY OF HIS OR
HER BODY.
  4-A. IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, A BODY OF A
DECEASED  PERSON SHALL NOT BE DELIVERED OR RELEASED TO, OR RECEIVED BY A
UNIVERSITY, COLLEGE, SCHOOL, INSTITUTE OR  MORTUARY  SCHOOL,  UNTIL  THE
PROVISIONS  OF  SUBDIVISION  THREE-A  OF THIS SECTION HAVE BEEN COMPLIED
WITH.
  S 2. This act shall take effect immediately and  shall  apply  to  the
delivery and release of bodies on and after such date.

co-Sponsors

2015-S4430C - Details

See Assembly Version of this Bill:: A6372
Law Section:: Public Health Law
Laws Affected:: Amd §4211, Pub Health L

2015-S4430C - Summary

2015-S4430C - Sponsor Memo

                                 BILL NUMBER:  S4430C

 TITLE OF BILL :

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

 PURPOSE :

This bill would prohibit the release and delivery of an unclaimed body
to a university, college, school, or institute for embalming,
dissection, or autopsy until the written consent of the deceased
person's spouse or next of kin is acquired.

 SUMMARY OF PROVISIONS :

This bill would add a new subdivisions 3-a to section 4211 of the
public health law, to prohibit the delivery and release of a body to a
university, college, school, institute or mortuary school for unless
the the person authorized to control the disposition of the body of
such decedent, or the decedent him or herself before he or she died,
consents in writing.

This bill would further provide that the university, college, school,
institute or mortuary school desiring custody of the body shall have

the duty to locate and obtain the consent required.

 EXISTING LAW :

Presently, law demands the release of an unclaimed body to schools for
study without the written consent from the deceased persons spouse or
next of kin within 48-hours.

 JUSTIFICATION :

Under existing law, the director or person in charge of any hospital,
institution, morgue or other place for bodies of deceased persons not
interred or otherwise finally disposed of must deliver an unclaimed
body in their possession, charge, custody or control to an accredited
medical college, school or institute, university and mortuary school,
etc., for dissection, autopsy or study.

The unclaimed bodies can be turned over as soon as 48 hours after
death. However, there are many instances where a body is unclaimed
because the spouse or next of kin is not aware of the death of their
loved one and such spouse or next of kin is not located or notified.
To make matters worse, there are additional instances where the spouse
or next of kin, if notified, would have objected for religious reasons
to the embalming or dissection and would have taken the body for
burial according to their religious customs.

To avoid this tragic situation from happening in the future, this bill
would require the written consent of a spouse or next of kin before an
unclaimed body can be released to a university, college, school,
institute or mortuary school for the purpose of embalming, dissection
or autopsy. This bill would only apply to the City of New York

 LEGISLATIVE HISTORY :

2015: S.4430-B - Passed Senate (62-1)

 FISCAL IMPLICATIONS :

None Noted

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the delivery
and release of bodies on and after such date.

2015-S4430C - Bill Text download pdf

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

                                 4430--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Health in accordance with Senate Rule
  6, sec. 8 -- 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.
                                                           LBD09006-12-6

S. 4430--C                          2

SECTION FORTY-TWO HUNDRED NINE-A OR  FORTY-TWO  HUNDRED  TEN-C  OF  THIS
TITLE APPLY.
  (C)  THE UNIVERSITY, COLLEGE, SCHOOL, OR INSTITUTE DESIRING CUSTODY OF
THE BODY OF A DECEASED PERSON SHALL HAVE THE DUTY TO LOCATE  AND  OBTAIN
THE  WRITTEN  CONSENT  OF  SUCH  PERSON WHO IS AUTHORIZED TO CONTROL THE
DISPOSITION OF SUCH BODY UNDER SECTION FORTY-TWO  HUNDRED  ONE  OF  THIS
ARTICLE;  HOWEVER, A CHIEF FISCAL OFFICER OF A COUNTY OR A PUBLIC ADMIN-
ISTRATOR SHALL NOT BE AUTHORIZED TO PROVIDE SUCH CONSENT.  IN THE  EVENT
THAT  SUCH  BODY  IS NOT DELIVERED OR RELEASED TO A UNIVERSITY, COLLEGE,
SCHOOL OR INSTITUTE UNDER THIS SECTION, THE BODY SHALL BE  RELEASED  FOR
BURIAL  OR OTHER LAWFUL DISPOSITION CONSISTENT WITH THIS ARTICLE AND ANY
OTHER APPLICABLE PROVISION OF LAW.
  (D) THE PERSON HAVING LAWFUL POSSESSION OF A BODY UNDER  THIS  SECTION
SHALL  NOT BE HELD LIABLE FOR ACTIONS TAKEN REASONABLY AND IN GOOD FAITH
UPON PRESENTATION OF A WRITTEN CONSENT PURSUANT TO SUBPARAGRAPH  (I)  OF
PARAGRAPH (A) OF THIS SUBDIVISION OR A WRITTEN INSTRUMENT, WILL OR TRUST
PURSUANT TO SUBPARAGRAPH (II) OF SUCH PARAGRAPH.
  (E)  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF GENERAL, SPECIAL OR LOCAL LAW.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
become  a  law  and shall apply to the delivery and release of bodies on
and after such date.

co-Sponsors

2015-S4430D (ACTIVE) - Details

See Assembly Version of this Bill:: A6372
Law Section:: Public Health Law
Laws Affected:: Amd §4211, Pub Health L

2015-S4430D (ACTIVE) - Summary

2015-S4430D (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4430D

 TITLE OF BILL :

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

 PURPOSE :

This bill would prohibit the release and delivery of an unclaimed body
to a university, college, school, or institute for embalming,
dissection, or autopsy until the written consent of the deceased
person's spouse or next of kin is acquired.

 SUMMARY OF PROVISIONS :

This bill would add a new subdivisions 3-a to section 4211 of the
public health law, to prohibit the delivery and release of a body to a
university, college, school, institute or mortuary school for unless
the person authorized to control the disposition of the body of such
decedent, or the decedent him or herself before he or she died,
consents in writing.

This bill would further provide that the university, college, school,
institute or mortuary school desiring custody of the body shall have

the duty to locate and obtain the consent required.

 EXISTING LAW :

Presently, law demands the release of an unclaimed body to schools for
study without the written consent from the deceased persons spouse or
next of kin within 48-hours.

 JUSTIFICATION :

Under existing law, the director or person in charge of any hospital,
institution, morgue or other place for bodies of deceased persons not
interred or otherwise finally disposed of must deliver an unclaimed
body in their possession, charge, custody or control to an accredited
medical college, school or institute, university and mortuary school,
etc., for dissection, autopsy or study.

The unclaimed bodies can be turned over as soon as 48 hours after
death. However, there are many instances where a body is unclaimed
because the spouse or next of kin is not aware of the death of their
loved one and such spouse or next of kin is not located or notified.
To make matters worse, there are additional instances where the spouse
or next of kin, if notified, would have objected for religious reasons
to the embalming or dissection and would have taken the body for
burial according to their religious customs.

To avoid this tragic situation from happening in the future, this bill
would require the written consent of a spouse or next of kin before an
unclaimed body can be released to a university, college, school,
institute or mortuary school for the purpose of embalming, dissection
or autopsy. This bill would only apply to the City of New York

 LEGISLATIVE HISTORY :

2015: S.4430-B - Passed Senate (62-1)

 FISCAL IMPLICATIONS :

None Noted

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the delivery
and release of bodies on and after such date.

2015-S4430D (ACTIVE) - Bill Text download pdf

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

                                 4430--D

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Health in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- 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 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.
                                                           LBD09006-16-6

S. 4430--D                          2

  (III) 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
SECTION  FORTY-TWO  HUNDRED  NINE-A  OR  FORTY-TWO HUNDRED TEN-C OF THIS
TITLE APPLY.
  (C) THE PERSON OR ENTITY HAVING POSSESSION, CHARGE, CUSTODY OR CONTROL
OF THE BODY OF A DECEASED PERSON UNDER SUBDIVISION ONE OF  THIS  SECTION
SHALL  HAVE NO DUTY TO LOCATE AND/OR OBTAIN THE WRITTEN CONSENT FROM ANY
PERSON UNDER THIS SUBDIVISION. ADDITIONALLY, A CHIEF FISCAL OFFICER OF A
COUNTY OR A PUBLIC ADMINISTRATOR SHALL NOT BE AUTHORIZED TO PROVIDE SUCH
CONSENT.  IN THE EVENT THAT SUCH BODY IS NOT DELIVERED OR RELEASED TO  A
UNIVERSITY,  COLLEGE,  SCHOOL  OR INSTITUTE UNDER THIS SECTION, THE BODY
SHALL BE RELEASED FOR BURIAL OR OTHER LAWFUL DISPOSITION CONSISTENT WITH
THIS ARTICLE AND ANY OTHER APPLICABLE PROVISION OF LAW.
  (D) THE PERSON HAVING LAWFUL POSSESSION OF A BODY UNDER  THIS  SECTION
SHALL  NOT BE HELD LIABLE FOR ACTIONS TAKEN REASONABLY AND IN GOOD FAITH
UPON DELIVERY OF A BODY PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
THIS SUBDIVISION, PRESENTATION OF A WRITTEN CONSENT PURSUANT TO SUBPARA-
GRAPH (II) OF SUCH PARAGRAPH, OR A WRITTEN  INSTRUMENT,  WILL  OR  TRUST
PURSUANT TO SUBPARAGRAPH (III) OF SUCH PARAGRAPH.
  (E)  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF GENERAL, SPECIAL OR LOCAL LAW.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to the delivery and release of bodies
on and after such date.

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Senate Bill S4430D

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Sponsored By

Simcha Felder

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Martin J. Golden

2015-S4430 - Details

2015-S4430 - Summary

2015-S4430 - Sponsor Memo

2015-S4430 - Bill Text download pdf

co-Sponsors

Martin J. Golden

2015-S4430A - Details

2015-S4430A - Summary

2015-S4430A - Sponsor Memo

2015-S4430A - Bill Text download pdf

co-Sponsors

Martin J. Golden

2015-S4430B - Details

2015-S4430B - Summary

2015-S4430B - Sponsor Memo

2015-S4430B - Bill Text download pdf

co-Sponsors

Martin J. Golden

2015-S4430C - Details

2015-S4430C - Summary

2015-S4430C - Sponsor Memo

2015-S4430C - Bill Text download pdf

co-Sponsors

Martin J. Golden

2015-S4430D (ACTIVE) - Details

2015-S4430D (ACTIVE) - Summary

2015-S4430D (ACTIVE) - Sponsor Memo

2015-S4430D (ACTIVE) - Bill Text download pdf

Comments