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STATE OF NEW YORK
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5618

2011-2012 Regular Sessions

IN ASSEMBLY

February 24, 2011
___________

Introduced by M. of A. MARKEY -- Multi-Sponsored by -- M. of A. BRENNAN,
  MAYERSOHN -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to mandatory perform-
  ance  of autopsies for those afflicted with certain neurological symp-
  toms

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

  Section  1.  Subdivision 2 of section 4210-c of the public health law,
as amended by chapter 898 of the laws of 1984, is  amended  to  read  as
follows:
  2. For the purposes of this section: (a) "compelling public necessity"
shall mean:
  (i)  that  the  dissection or autopsy is essential to the conduct of a
criminal investigation of a homicide, as defined in  section  125.00  of
the penal law, of which the decedent is the victim, or
  (ii)  that  discovery  of  the  cause of death is necessary to meet an
immediate and substantial  threat  to  the  public  health  and  that  a
dissection or autopsy is essential to ascertain the cause of death, or
  (iii)  that  the  need  for  a dissection or autopsy is established in
accordance with subdivision five of this section[.], OR
  (IV) THAT THE  DECEASED,  WHO  WAS  BETWEEN  THE  AGES  OF  FORTY  AND
SIXTY-FIVE,  EXHIBITED  PRIOR  TO  ONE  YEAR  OF  THEIR DEATH ALL OF THE
FOLLOWING SYMPTOMS: RAPIDLY PROGRESSING DEMENTIA, LOSS OF MOTOR CONTROL,
INVOLUNTARY MUSCLE  MOVEMENTS,  ASSOCIATED  NEUROMUSCULAR  DISTURBANCES,
INSOMNIA,  DEPRESSION,  CONFUSION,  PERSONALITY  AND BEHAVIORAL CHANGES,
LOSS OF MEMORY, LOSS OF COORDINATION  AND  SIGHT,  LOSS  OF  ALL  MENTAL
CAPACITY AND LOSS OF ALL PHYSICAL CAPABILITIES.
  (b) "relative" shall mean the person most closely related to the dece-
dent  by consanguinity or affinity. In the event such person is unavail-
able, the objection may be raised on his behalf by the next most closely
related person. The official who has authority to order a dissection  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08491-01-1
A. 5618                             2

autopsy  of  the  decedent's  body  may require a relative to present an
affidavit stating his relationship to the decedent, the religious affil-
iation of  the  decedent,  if  any,  that  the  decedent  had  religious
objections  to  an  autopsy, the basis for such belief, and that he will
assume responsibility for the lawful disposition  of  the  body  of  the
deceased.
  (c) "friend" shall mean any person who, prior to the decedent's death,
maintained such regular contact with the decedent as to be familiar with
his activities, health and religious beliefs and who presents an affida-
vit  stating the facts and circumstances upon which the claim that he is
such friend is based, the religious affiliation of the decedent, if any,
that the decedent had religious objections to an autopsy, the basis  for
such  belief,  and  that  he  will  assume responsibility for the lawful
disposition of the body of the deceased.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however that effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date by the department of health of the state of New York.