senate Bill S657A

Makes possession and sale of embalming fluid a violation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • 1ST REPORT CAL.171
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 21 / Mar / 2011
    • PASSED SENATE
  • 21 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 14 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 14 / Feb / 2012
    • PRINT NUMBER 657A
  • 15 / Feb / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO HEALTH
  • 27 / Mar / 2012
    • 1ST REPORT CAL.464
  • 28 / Mar / 2012
    • 2ND REPORT CAL.
  • 29 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 17 / Apr / 2012
    • SUBSTITUTED BY A3964A

Summary

Makes possession and sale of embalming fluid a misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A3964A
Versions:
S657
S657A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง3400 & 3455, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A3964A, S7542B, A11509
2007-2008: A1761

Votes

16
0
16
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S657A

TITLE OF BILL: An act to amend the public health law, in relation to
criminal possession and unlawful sale of embalming fluid

PURPOSE OR GENERAL IDEA OF BILL: To prevent the recreational and danger-
ous ingestion or inhalation of embalming fluid in combination with other
illegal drugs.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Public Health Law
by adding a definition of embalming fluid.

Section 2 amends the public health law by adding a new violation to the
section of law dealing with the enforcement and discipline for funeral
directors, undertakers, and embalmers. This new violation would penal-
ize any funeral director, undertaker, or embalmer who sells or offers
for sale embalming fluid to another person with actual knowledge that
such person is not a licensed funeral director, undertaker, or embalmer,
or registered student, and that such person would be using the embalming
fluid for purposes outside the scope of funeral directing or embalming
activities.

Section 3 establishes an effective date.

JUSTIFICATION: Last year in Syracuse, a couple was severely injured when
they were struck head-on by an impaired driver. Before getting in the
car and running down the couple, the driver had smoked a cigarette
dipped in embalming fluid laced with phencyclidine (PCP), a strong
hallucinogen. One of the victims of the crash spent weeks in a coma and
almost lost a limb. The other victim suffered nearly serious injuries.
This tragic story exemplified a rapidly growing problem: the recreation
use of embalming fluid, specifically when mixed with illegal narcotics.

Embalming fluid, a chemical compound containing formaldehyde, methanol,
ethanol, and other solvents, is a highly flammable poison, its purpose
is to preserve the dead by making the body an unsuitable host for bacte-
ria and other organisms. Although embalming fluid is a legal substance,
when mixed with drugs it can produce a hallucinogenic and often violent
reaction, Since it is a legal substance, the fluid is available online.
The most common usage is to use the fluid in combination with Phencycli-
dine (PCP) to allow the PCP to be laced with Marijuana, tobacco and
other drugs. The embalming fluid acts as a solvent for the PCP.

Healthcare officials have noted an increase in the case of drugs being
mixed with embalming fluid. In fact, Syracuse-area hospitals are prepar-
ing to handle twice the number of embalming fluid (PCP) cases compared
to last year. This bill aims to prevent such cases and other tragedies
by adding a new penalty within the public health law regulating the
funeral directing and embalming professions. Funeral directors and
embalmers who illegally sell embalming fluid to unauthorized possessors
face stiff penalties including the possible loss of their license.

PRIOR LEGISLATIVE HISTORY: 2009-2010: S.7542-B / A.11509

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the 180th day after this bill shall become law.

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

                                 657--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  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 criminal
  possession and unlawful sale of embalming fluid

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

  Section 1.  Section 3400 of the public health law is amended by adding
a new subdivision (l) to read as follows:
  (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
  S 2. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
health  law is relettered paragraph (g) and a new paragraph (f) is added
to read as follows:
  (F) BEING A FUNERAL DIRECTOR, UNDERTAKER OR  EMBALMER,  OR  REGISTERED
RESIDENT,  KNOWINGLY  GIVE,  SELL,  PERMIT TO BE SOLD, OFFER FOR SALE OR
DISPLAY FOR SALE, OTHER THAN FOR PURPOSES WITHIN THE  GENERAL  SCOPE  OF
THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
OR  REGISTERED  RESIDENT,  EMBALMING FLUID TO ANOTHER PERSON WITH ACTUAL
KNOWLEDGE THAT SUCH OTHER PERSON IS NOT  A  LICENSED  FUNERAL  DIRECTOR,
UNDERTAKER  OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED TO
PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
THIS ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS  CHAP-
TER; OR
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03275-05-1

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