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

                                   656

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. GOTTFRIED, ORTIZ -- Multi-Sponsored by -- M. of
  A. BRENNAN, COOK, CYMBROWITZ, DINOWITZ, GALEF, HIKIND, HOOPER, JACOBS,
  MAYERSOHN, McENENY, PAULIN, PHEFFER, J. RIVERA,  P. RIVERA,  ROBINSON,
  TOWNS, WEISENBERG -- read once and referred to the Committee on Health

AN  ACT  to  amend the public health law, in relation to authorizing the
  commissioner of health to develop and administer training programs for
  coroners, coroners' physicians and medical examiners

  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
4223 to read as follows:
  S 4223. CORONER, CORONER'S PHYSICIAN, MEDICAL  EXAMINER;  REGULATIONS.
1.  THE  COMMISSIONER SHALL DEVELOP AND ADMINISTER TRAINING PROGRAMS FOR
CORONERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS.
  2. THE COMMISSIONER SHALL MAKE  REGULATIONS  APPLICABLE  TO  CORONERS,
CORONERS'  PHYSICIANS,  AND MEDICAL EXAMINERS, INCLUDING BUT NOT LIMITED
TO:
  (A) MINIMUM QUALIFICATIONS FOR  CORONERS,  CORONERS'  PHYSICIANS,  AND
MEDICAL EXAMINERS.
  (B)  MINIMUM TRAINING AND CONTINUING EDUCATION REQUIREMENTS FOR CORON-
ERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS.
  (C) PROCEDURES AND STANDARDS FOR PRONOUNCING DEATHS.
  (D) PROCEDURES AND STANDARDS FOR INVESTIGATING DEATHS.
  (E) ANY OTHER PROVISIONS NECESSARY TO ENSURE  APPROPRIATE  PERFORMANCE
OF  THE  DUTIES OF CORONERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS
AND TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
  3. REGULATIONS UNDER THIS SECTION SHALL APPLY TO  CORONERS,  CORONERS'
PHYSICIANS,  AND  MEDICAL EXAMINERS IN ADDITION TO THE PROVISIONS OF ANY
OTHER LAW, LOCAL LAW OR REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02285-01-1
              

A. 656                              2

  4. (A) AT LEAST THREE MONTHS BEFORE FORMALLY  PROPOSING  TO  MAKE  ANY
REGULATION  UNDER THIS ARTICLE, THE COMMISSIONER, IN ACCORDANCE WITH THE
PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL SEND A  COPY
OF  THE PROPOSED REGULATION TO THE CHIEF EXECUTIVE AND PRESIDING OFFICER
OF THE LEGISLATIVE BODY OF EVERY COUNTY AND THE CITY OF NEW YORK, AND TO
EVERY  LOCAL HEALTH OFFICER, WITH A NOTICE (I) REQUESTING COMMENT ON THE
PROPOSED REGULATION, ESPECIALLY WITH RESPECT TO ANY  CONFLICT  WITH  ANY
LAW,  LOCAL LAW, REGULATION, OR PRACTICE; AND (II) STATING THE PROCEDURE
AND TIMETABLE FOR ADOPTION OF THE PROPOSED REGULATION.
  (B) THE COMMISSIONER MAY MODIFY THE PROPOSED REGULATION, OR MAKE REGU-
LATIONS, UNDER THIS SECTION TO ACCOMMODATE ANY  LAW,  LOCAL  LAW,  REGU-
LATION OR PRACTICE OF A PARTICULAR COUNTY OR COUNTIES OR THE CITY OF NEW
YORK.
  (C)  IN  THE  CASE OF AN EMERGENCY RULEMAKING UNDER SUBDIVISION SIX OF
SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE  ACT,  THE
THREE  MONTH  PRIOR NOTIFICATION REQUIREMENT UNDER PARAGRAPH (A) OF THIS
SUBDIVISION SHALL NOT APPLY, BUT A COPY OF THE REGULATION AND NOTICE, AS
TO CONSIDERATION OF THE REGULATION IN ACCORDANCE WITH THE PROVISIONS  OF
THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL BE IMMEDIATELY SENT TO THE
OFFICERS REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVISION, WITH A NOTICE
(I) REQUESTING COMMENT ON THE REGULATION, ESPECIALLY WITH RESPECT TO ANY
CONFLICT  WITH  ANY  LAW,  LOCAL  LAW, REGULATION, OR PRACTICE, AND (II)
STATING THE PROCEDURE AND TIMETABLE FOR  FURTHER  CONSIDERATION  OF  THE
REGULATION UNDER THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 2. This act shall take effect immediately.