NY State Senate Bill 2015-S4838

Senate Bill S4838

2015-2016 Legislative Session

Provides for the filing of death certificates for unclaimed cadavers and anatomical donations received for educational purposes

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Archive: Last Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Apr 21, 2015	referred to health

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2015-S4838 (ACTIVE) - Details

See Assembly Version of this Bill:: A2626
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§4142-a & 4302-a, amd §§4140, 4144, 4145 & 4212, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7543, A10036
2017-2018: A2141

2015-S4838 (ACTIVE) - Summary

Provides for the filing of death certificates for unclaimed cadavers and anatomical donations received for educational purposes.

2015-S4838 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4838

TITLE OF BILL:

An act to amend the public health law, in relation to death, burial
and removal permits

PURPOSE:

To amend the public health law in order to permit institutions
authorized to accept unclaimed cadavers and anatomical donations for
educational purposes to file death certificates, burial, removal and
transit permits for bodies claimed or donated to their programs.

SUMMARY OF PROVISIONS:

Sections 1 through 6 of the bill amend existing provisions of the
public health law to permit certain educational institutions operating
whole body donation/non-transplant anatomic bank programs to file the
requisite paperwork associated with the donation, including death
certificates and burial and transit permits.

Section 7 establishes the effective date.

JUSTIFICATION:

Current law allows certain higher education institutions, such as
medical schools, to conduct whole body non-transplant anatomical gift
programs and to receive unclaimed cadavers. These programs permit New
Yorkers to donate their body to science for use in educating medical
students or research. This important program is critical to New York's
16 medical schools and their effort to the education of future
generations of health care professionals as well as provide continued
education and training for physicians.

While these programs are responsible for every aspect of the donation,
from working with individual's families, transporting the bodies and
final disposition, the program itself is not permitted under current
law to file the various permits and forms associated with these tasks.
Such permits and forms, including death certificates, burial and
transit permits may, under most circumstances, only be filed by
licensed funeral directors using the registration number of a funeral
home. Often, whole body donations never become the responsibility of a
funeral home and thus a complicated and inefficient system is created
whereby donation programs must contract with funeral homes simply to
file paperwork.

This bill would streamline this process and permit these educational
whole body donation programs to file the necessary paperwork
associated with their current activities.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect on the 60th day after it shall have become
a law.

2015-S4838 (ACTIVE) - Bill Text download pdf

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

                                  4838

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 21, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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 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;
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01638-02-5

S. 4838                             2

  (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.
  (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-

S. 4838                             3

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
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.

S. 4838                             4

  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.

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Senate Bill S4838

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