S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2141
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES, ENGLEBRIGHT -- 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:
   §  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.
                                                            LBD03214-01-7
              

 A. 2141                             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.
   § 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.
   § 3. Subdivision 1 and paragraph (b) of subdivision 2 of section  4144
 of the public health law, as amended by chapter 378 of the laws of 2016,
 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 this state,
 or be temporarily held pending further disposition more than seventy-two
 hours after death, unless a permit for burial, removal, or other  dispo-
 sition 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; provided, however, that AN INSTITUTION AUTHORIZED BY
 ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER  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) 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.
   §  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.

 A. 2141                             3
 
   (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.
   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.
   § 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.
   §  6.  The public health law is amended by adding a new section 4302-a
 to read as follows:
   § 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

 A. 2141                             4
 
 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.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.