S T A T E   O F   N E W   Y O R K
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                                 2626--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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

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 FOR EDUCATIONAL PURPOSES.  AN INSTITUTION AUTHORIZED BY  ARTI-
CLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAV-
ERS  OR  ANATOMICAL  GIFTS  FOR EDUCATIONAL PURPOSES 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 OR 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01638-03-5

A. 2626--A                          2
              

  (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:
  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  FOR  EDUCATIONAL
PURPOSES.  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 regist-
rar, except to a funeral director or undertaker licensed  in  accordance
with  the  provisions  of  this chapter, 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 FOR EDUCATIONAL
PURPOSES 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 FOR
EDUCATIONAL PURPOSES who holds a certificate  of  death  signed  by  the
attending physician or nurse practitioner, or for deaths occurring on or
after  the  implementation  date  under section forty-one hundred forty-
eight of this title, such certificate of death signed by  the  attending
physician  or  nurse practitioner is available electronically in accord-
ance 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.

A. 2626--A                          3

  (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 FOR EDUCA-
TIONAL PURPOSES to communicate with the registrar by  telephone,  verbal
permission  to  remove a body of a deceased person under the same condi-
tions as those prescribed for the registrar may be issued by the commis-
sioner 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 FOR EDUCATIONAL PURPOSES who shall make any
removal before a permit 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 investigation 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 FOR EDUCATIONAL PURPOSES 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 dispo-
sition.
  (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 FOR EDUCATIONAL PURPOSES or registered resident  who
delivered  such  body.  Each  receipt shall (i) be endorsed by both such
person and the funeral director, undertaker or registered resident, (ii)
indicate the date the body was delivered, (iii) include the name of  the
funeral  director,  undertaker,  AN  INSTITUTION  AUTHORIZED  BY ARTICLE
FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE  UNCLAIMED  CADAVERS
OR  ANATOMICAL  GIFTS  FOR  EDUCATIONAL  PURPOSES or registered resident
delivering the body and the registration number of such  funeral  direc-
tor,  undertaker  or  registered  resident, (iv) include the name of the
registered funeral firm, the funeral director, undertaker,  AN  INSTITU-
TION  AUTHORIZED  BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO
RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL  PURPOSES
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 burial, 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

A. 2626--A                          4

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 FOR EDUCATIONAL  PURPOSES  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 cemetery is located.
  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  FOR  EDUCATIONAL  PURPOSES.
THE  INSTITUTION  SHALL  ENSURE THE INDIVIDUALS FILING PERMITS OR TRANS-
PORTING 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 EDUCATION.  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.