S T A T E O F N E W Y O R K
________________________________________________________________________
2692
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
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Introduced by M. of A. GOTTFRIED, ORTIZ -- Multi-Sponsored by -- M. of
A. BRENNAN, COOK, CYMBROWITZ, DINOWITZ, GALEF, HIKIND, HOOPER, JACOBS,
PAULIN, RIVERA, ROBINSON, 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.
4. (A) AT LEAST THREE MONTHS BEFORE FORMALLY PROPOSING TO MAKE ANY
REGULATION UNDER THIS ARTICLE, THE COMMISSIONER, IN ACCORDANCE WITH THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01434-01-3
A. 2692 2
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.