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This entry was published on 2016-09-23
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SECTION 4211
Cadavers; unclaimed; delivery to schools for study
Public Health (PBH) CHAPTER 45, ARTICLE 42, TITLE 2
§ 4211. Cadavers; unclaimed; delivery to schools for study. 1. Except
as hereinafter provided, and subject to the conditions specified in this
article, the director or person in charge of any hospital, institution,
morgue or other place for bodies of deceased persons not interred or
otherwise finally disposed of, and every funeral director, undertaker or
other person having in his or her lawful possession, any body of a
deceased person for keeping or burial, shall deliver every body of a
deceased person in his or her possession, charge, custody or control not
placed therein by any person, agency or organization for keeping, burial
or other lawful disposition to:

(a) any medical college, school or institute including chiropractic
colleges registered by the regents of the university of the state of New
York as maintaining a proper standard;

(b) any university within the state authorized by law to confer
degrees of doctor of medicine or doctor of dental surgery;

(c) any other college or school incorporated under the laws of the
state of New York for the purpose of teaching medicine, anatomy or
surgery to those on whom the degree of doctor of medicine has been
conferred;

(d) any university within the state of New York having a medical
preparatory or medical postgraduate course of instruction; or

(e) any college, school or institute maintaining a mortuary science
program that has either been approved by the department or holds a
certificate of accreditation from an accrediting organization recognized
by the department pursuant to article thirty-four of this chapter,
provided, however, that such bodies remain unclaimed by any of the
aforementioned institutions. Any college, school or institute
maintaining a mortuary science program may only claim and utilize such
bodies for anatomical and embalming instruction purposes.

2. The professors and teachers in every university, college, school or
institute hereinbefore specified may receive the body of a deceased
person delivered or released to the university, college, school or
institute, as herein provided, for the purposes of medical, anatomical
and surgical science, anatomic embalming, and study.

3. No body of a deceased person shall be delivered or released to or
received by, any university, college or school or institute.

(a) if, within forty-eight hours after death it is desired for
interment or other lawful disposition by relatives and in the counties
of Oneida, Onondaga, Oswego, Madison and Cortland, by relatives or
friends, or,

(b) if prior to his or her death, the person shall have expressed a
desire that his or her body be interred or otherwise lawfully disposed
of, is carrying an identification card upon his or her person indicating
his or her opposition to the dissection or autopsy of his or her body,
or,

(c) if the deceased person is known to have a relative whose place of
residence is known or can be ascertained after reasonable and diligent
inquiry.

3-a. (a) In a city having a population of one million or more, no body
of a deceased person shall be delivered or released to or received by,
any university, college, school or institute, including any mortuary
school unless:

(i) the person authorized to consent to make an anatomical gift with
respect to the decedent under article forty-three of this chapter makes
such an anatomical gift that would encompass such delivery or release;

(ii) the person authorized to control the disposition of such body
under section forty-two hundred one of this article consents in writing
to the delivery and release of the body of such person to the
university, college, school or institute for the purpose of embalming,
dissection or autopsy, provided that a chief fiscal officer of a county
or a public administrator shall not be authorized to provide such
consent; or

(iii) the decedent has through a lawfully executed written instrument,
will or trust, consented to such delivery or release;

(b) In no event shall such delivery or release for the purpose of
embalming, dissection or autopsy be authorized where the provisions of
section forty-two hundred nine-a or forty-two hundred ten-c of this
title apply.

(c) The person or entity having possession, charge, custody or control
of the body of a deceased person under subdivision one of this section
shall have no duty to locate and/or obtain the written consent from any
person under this subdivision. Additionally, a chief fiscal officer of a
county or a public administrator shall not be authorized to provide such
consent. In the event that such body is not delivered or released to a
university, college, school or institute under this section, the body
shall be released for burial or other lawful disposition consistent with
this article and any other applicable provision of law.

(d) The person having lawful possession of a body under this section
shall not be held liable for actions taken reasonably and in good faith
upon delivery of a body pursuant to subparagraph (i) of paragraph (a) of
this subdivision, presentation of a written consent pursuant to
subparagraph (ii) of such paragraph, or a written instrument, will or
trust pursuant to subparagraph (iii) of such paragraph.

(e) The provisions of this section shall apply notwithstanding any
inconsistent provision of general, special or local law.

4. (a) A body of a deceased person shall not be delivered or released
to, or received by a university, college, school or institute, if within
twenty-four hours after notice of death by the person having lawful
possession, charge, custody or control to the next of kin, or in the
counties of Oneida, Onondaga, Oswego, Madison and Cortland to the next
of kin, or friend of the deceased person such next of kin or friend
shall claim such body for interment or other lawful disposition.

(b) Unless a relative or friend of the deceased person shall claim the
body of the deceased person within forty-eight hours after death, or
within twenty-four hours after receipt of notice of death as provided in
paragraph (a) of this subdivision, the next of kin, relatives or
friends, as the case may be, shall be deemed to have assented to
delivery or release to, and receipt by the university, college, school
or institute, of such dead body.