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

                                  2191

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. MARKEY -- Multi-Sponsored by -- M. of A. BRENNAN,
  DINOWITZ,  MAYERSOHN, TOWNS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03037-01-9
              

A. 2191                             2

related  person. The official who has authority to order a dissection or
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.