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

                                  10036

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

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.

A. 10036                            4

  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.