Bill Text: NY A02626 | 2015-2016 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the filing of death certificates for unclaimed cadavers and anatomical donations received for educational purposes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 0000-00-00 - [A02626 Detail]
Download: New_York-2015-A02626-Amended.html
Bill Title: Provides for the filing of death certificates for unclaimed cadavers and anatomical donations received for educational purposes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 0000-00-00 - [A02626 Detail]
Download: New_York-2015-A02626-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2626--A 2015-2016 Regular Sessions I N A S S E M B L Y January 20, 2015 ___________ Introduced by M. of A. PEOPLES-STOKES, ENGLEBRIGHT -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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: 1 Section 1. The public health law is amended by adding a new section 2 4142-a to read as follows: 3 S 4142-A. DEATH CERTIFICATES; UNCLAIMED CADAVERS AND ANATOMICAL 4 DONATIONS FOR EDUCATIONAL PURPOSES. AN INSTITUTION AUTHORIZED BY ARTI- 5 CLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAV- 6 ERS OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES THAT ELECTS TO FILE 7 DEATH CERTIFICATES, SHALL: 8 (A) OBTAIN THE PERSONAL AND STATISTICAL PARTICULARS REQUIRED FOR THE 9 CERTIFICATE OF DEATH FROM A COMPETENT PERSON ACQUAINTED WITH THE FACTS 10 AND QUALIFIED TO SUPPLY THEM AND ENTER THEM ON THE CERTIFICATE TOGETHER 11 WITH THE NAME AND ADDRESS OF HIS OR HER INFORMANT; 12 (B) PRESENT THE CERTIFICATE PROMPTLY TO ATTENDING PHYSICIAN OR NURSE 13 PRACTITIONER WHO SHALL FORTHWITH CERTIFY TO THE FACTS OF DEATH, PROVIDE 14 THE MEDICAL INFORMATION REQUIRED BY THE CERTIFICATE AND SIGN THE MEDICAL 15 CERTIFICATE OF DEATH, OR TO THE CORONER OR MEDICAL EXAMINER IN THOSE 16 CASES WHERE SO REQUIRED BY THIS ARTICLE OR, WHEN A DEATH OCCURS IN A 17 HOSPITAL, EXCEPT IN THOSE CASES WHERE CERTIFICATES ARE ISSUED BY CORON- 18 ERS OR MEDICAL EXAMINERS, TO THE PERSON IN CHARGE OF SUCH HOSPITAL OR 19 HIS OR HER DESIGNATED REPRESENTATIVE, WHO SHALL OBTAIN THE MEDICAL 20 CERTIFICATE OF DEATH AS PRESCRIBED IN SECTION FORTY-ONE HUNDRED 21 FORTY-ONE-A OF THIS TITLE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01638-03-5 A. 2626--A 2 1 (C) STATE THE FACTS REQUIRED ON THE CERTIFICATE OF DEATH RELATIVE TO 2 THE DATE AND PLACE OF BURIAL, CREMATION OR REMOVAL, OVER HIS SIGNATURE 3 AND WITH HIS OR HER ADDRESS; AND 4 (D) PRIOR TO THE DISPOSITION OF THE REMAINS, FILE THE CERTIFICATE OF 5 DEATH WITH THE REGISTRAR OF THE DISTRICT IN WHICH THE DEATH OCCURRED AS 6 PROVIDED IN SECTION FORTY-ONE HUNDRED FORTY OF THIS TITLE. 7 S 2. Subdivision 2 of section 4140 of the public health law is amended 8 to read as follows: 9 2. If the certificate of death is properly executed and complete, the 10 registrar of the district in which the death occurred shall then issue a 11 burial or removal permit to the funeral director [or], undertaker, OR AN 12 INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP- 13 TER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL 14 PURPOSES. In case the death occurred from a disease which is designated 15 in the sanitary code as a communicable disease, no permit for the 16 removal or other disposition of the body shall be issued by the regist- 17 rar, except to a funeral director or undertaker licensed in accordance 18 with the provisions of this chapter, under such conditions as may be 19 prescribed in the sanitary code. 20 S 3. Subdivision 1 and paragraphs (b), (c) and (d) of subdivision 2 of 21 section 4144 of the public health law, subdivision 1 as amended by chap- 22 ter 617 of the laws of 1980, paragraph (b) of subdivision 2 as amended 23 by chapter 352 of the laws of 2013 and paragraph (d) of subdivision 2 as 24 amended by chapter 267 of the laws of 1967, are amended to read as 25 follows: 26 1. The body of any person whose death occurs in this state, or which 27 shall be found dead herein shall not be interred, deposited in a vault 28 or tomb, cremated or otherwise disposed of, or removed from the county 29 in which the death occurred or the body was found, or be temporarily 30 held pending further disposition more than seventy-two hours after 31 death, unless a permit for burial, removal, or other disposition thereof 32 shall have been properly issued by the registrar of vital statistics of 33 the registration district in which the death occurred or the body was 34 found, except that such a body may be removed to an adjacent county 35 without first obtaining a permit therefor; provided, however, that AN 36 INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAP- 37 TER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL 38 PURPOSES MAY APPLY FOR AND RECEIVE SUCH PERMIT OR a licensed funeral 39 director may apply for and receive such permit on behalf of any person 40 or institution authorized by article forty-two or forty-three of this 41 chapter to receive unclaimed cadavers or anatomical gifts. 42 (b) Verbal permission to remove a body of a deceased person from the 43 county in which death occurred or the body was found to a non-adjacent 44 county within the state of New York, as provided in subdivision one of 45 this section, shall be issued by the said registrar of vital statistics, 46 upon request by telephone of a licensed funeral director [or], undertak- 47 er OR AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF 48 THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR 49 EDUCATIONAL PURPOSES who holds a certificate of death signed by the 50 attending physician or nurse practitioner, or for deaths occurring on or 51 after the implementation date under section forty-one hundred forty- 52 eight of this title, such certificate of death signed by the attending 53 physician or nurse practitioner is available electronically in accord- 54 ance with section forty-one hundred forty-eight of this title, showing 55 that the death resulted from natural causes and was not a result of 56 accidental, suicidal, homicidal or other external causes. A. 2626--A 3 1 (c) If it is not possible for the funeral director [or], undertaker OR 2 AN INSTITUTION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS 3 CHAPTER TO RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR EDUCA- 4 TIONAL PURPOSES to communicate with the registrar by telephone, verbal 5 permission to remove a body of a deceased person under the same condi- 6 tions as those prescribed for the registrar may be issued by the commis- 7 sioner or person authorized by him. 8 (d) The funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED 9 BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED 10 CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES who shall make any 11 removal before a permit is issued by the registrar, shall return the 12 body to the registration district where death occurred, whenever the 13 coroner, medical examiner, or district attorney shall request such 14 return of the body for investigation or post-mortem examination. 15 S 4. Paragraphs (a) and (b) of subdivision 2 and subdivision 4 of 16 section 4145 of the public health law, paragraph (a) of subdivision 2 as 17 amended by chapter 543 of the laws of 2003, paragraph (b) of subdivision 18 2 as amended by chapter 198 of the laws of 2005, are amended to read as 19 follows: 20 (a) The funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED 21 BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED 22 CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES shall deliver the 23 burial permit to the person in charge of the place of burial or other 24 disposition before interring or otherwise disposing of the body or shall 25 attach the removal or transit permit to the box containing the body, 26 when shipped by any transportation company, which permit shall accompany 27 the remains to its destination, where, if within this state, it shall be 28 delivered to the person in charge of the place of burial or other dispo- 29 sition. 30 (b) Any person or other entity owning, operating, managing, or desig- 31 nated to receive the body of a deceased person at a place of burial, 32 cremation, or other final disposition in this state, who receives the 33 body of a deceased person, shall provide a receipt for the body to the 34 funeral director, undertaker, AN INSTITUTION AUTHORIZED BY ARTICLE 35 FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS 36 OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES or registered resident who 37 delivered such body. Each receipt shall (i) be endorsed by both such 38 person and the funeral director, undertaker or registered resident, (ii) 39 indicate the date the body was delivered, (iii) include the name of the 40 funeral director, undertaker, AN INSTITUTION AUTHORIZED BY ARTICLE 41 FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAVERS 42 OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES or registered resident 43 delivering the body and the registration number of such funeral direc- 44 tor, undertaker or registered resident, (iv) include the name of the 45 registered funeral firm, the funeral director, undertaker, AN INSTITU- 46 TION AUTHORIZED BY ARTICLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO 47 RECEIVE UNCLAIMED CADAVERS OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES 48 or registered resident represents, (v) include the name of the deceased 49 person as it appears on the burial, cremation, or transit permit, and 50 (vi) include the name of the owner, operator, manager, or person in 51 charge of the place of burial, cremation, or other final disposition who 52 received the body of the deceased person. A copy of such receipt shall 53 be retained by the owner, operator, manager, or person in charge of the 54 place of burial, cremation, or other final disposition for a period of 55 not less than four years, and shall be made available for inspection by 56 the division of cemeteries during normal business hours. The original A. 2626--A 4 1 copy of every such receipt shall be retained by the licensed funeral 2 firm for a period of not less than four years pursuant to the rules and 3 regulations of the department governing the maintenance of records. 4 4. When burying or otherwise disposing of the body of a deceased 5 person in a cemetery or burial place having no person in charge, the 6 funeral director [or], undertaker OR AN INSTITUTION AUTHORIZED BY ARTI- 7 CLE FORTY-TWO OR FORTY-THREE OF THIS CHAPTER TO RECEIVE UNCLAIMED CADAV- 8 ERS OR ANATOMICAL GIFTS FOR EDUCATIONAL PURPOSES shall (a) sign the 9 burial or removal permit, giving the date of burial; (b) write across 10 the face of the permit the words "No person in charge;" and (c) file the 11 burial or removal permit within three days with the registrar of the 12 district in which the cemetery is located. 13 S 5. Section 4212 of the public health law is amended by adding a new 14 subdivision 4 to read as follows: 15 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN INSTITUTION AUTHOR- 16 IZED BY SECTION FORTY-TWO HUNDRED ELEVEN OF THIS TITLE MAY FILE CERTIF- 17 ICATES AND PERMITS PURSUANT TO SECTIONS FORTY-ONE HUNDRED FORTY-TWO, 18 FORTY-ONE HUNDRED FORTY-FOUR AND FORTY-ONE HUNDRED FORTY-FIVE OF THIS 19 CHAPTER FOR ANY UNCLAIMED CADAVERS RECEIVED FOR EDUCATIONAL PURPOSES. 20 THE INSTITUTION SHALL ENSURE THE INDIVIDUALS FILING PERMITS OR TRANS- 21 PORTING CADAVERS HAVE THE NECESSARY EDUCATION AND TRAINING. 22 S 6. The public health law is amended by adding a new section 4302-a 23 to read as follows: 24 S 4302-A. USING ANATOMICAL GIFTS FOR EDUCATION. NOTWITHSTANDING ANY 25 OTHER PROVISION OF LAW, AN ACCREDITED MEDICAL SCHOOL OR DENTAL SCHOOL, 26 COLLEGE OR UNIVERSITY, BANK OR STORAGE FACILITY FOR EDUCATION, RESEARCH, 27 ADVANCEMENT OF MEDICAL OR DENTAL SCIENCE, THERAPY OR TRANSPLANT AUTHOR- 28 IZED TO RECEIVE ANATOMICAL DONATIONS MAY FILE CERTIFICATES AND PERMITS 29 PURSUANT TO SECTIONS FORTY-ONE HUNDRED FORTY-TWO, FORTY-ONE HUNDRED 30 FORTY-FOUR AND FORTY-ONE HUNDRED FORTY-FIVE OF THIS CHAPTER FOR 31 DONATIONS MADE DIRECTLY TO SUCH INSTITUTION. THE INSTITUTION SHALL 32 ENSURE THE INDIVIDUALS FILING PERMITS OR TRANSPORTING CADAVERS HAVE THE 33 NECESSARY EDUCATION AND TRAINING. 34 S 7. This act shall take effect on the sixtieth day after it shall 35 have become a law.