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.
