S T A T E O F N E W Y O R K
________________________________________________________________________
5041
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
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Introduced by M. of A. PEOPLES-STOKES -- 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. A LICENSED FUNERAL DIRECTOR
EMPLOYED DIRECTOR EMPLOYED BY OR WHO ENTERED INTO A CONTRACT WITH AN
INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP-
TER TO RECEIVE UNCLAIMED CADAVERS 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.
LBD03214-02-7
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(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.
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(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, A LICENSED FUNERAL
DIRECTOR OR UNDERTAKER EMPLOYED BY OR WHO HAS ENTERED INTO A CONTRACT
WITH AN INSTITUTION AUTHORIZED BY SECTION FORTY-TWO HUNDRED ELEVEN OF
THIS TITLE 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 ON BEHALF OF SUCH AUTHORIZED INSTITU-
TION FOR ANY UNCLAIMED CADAVERS RECEIVED FOR EDUCATIONAL PURPOSES. THE
INSTITUTION SHALL ENSURE THE INDIVIDUALS FILING PERMITS OR TRANSPORTING
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, A LICENSED FUNERAL DIRECTOR OR UNDERTAKER
EMPLOYED BY OR WHO HAS ENTERED INTO A CONTRACT WITH AN ACCREDITED
MEDICAL SCHOOL OR DENTAL SCHOOL, COLLEGE OR UNIVERSITY, BANK OR STORAGE
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FACILITY FOR EDUCATION, RESEARCH, ADVANCEMENT OF MEDICAL OR DENTAL
SCIENCE, THERAPY OR TRANSPLANT AUTHORIZED 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 ON BEHALF OF SUCH AUTHORIZED INSTITU-
TION 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.