Bill Text: NY A07703 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Permits a close friend to make an anatomical gift of a decedent's body.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2024-03-11 - REFERRED TO HEALTH [A07703 Detail]

Download: New_York-2023-A07703-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7703

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 6, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to permitting a close
          friend to make an anatomical gift of a decedent's body

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs (ix) and (x) of paragraph (a)  and  paragraph
     2  (b)  of subdivision 2 of section 4301 of the public health law, subpara-
     3  graph (ix) and (x) of paragraph (a) as  amended  and  paragraph  (b)  as
     4  added  by  section  1  of part B of chapter 742 of the laws of 2019, are
     5  amended to read as follows:
     6    (ix) a guardian of the person of the decedent at the time  of  his  or
     7  her death, [or]
     8    (x)  a  close friend as defined in subdivision four of section twenty-
     9  nine hundred ninety-four-a of this chapter, or
    10    (xi) any other person authorized or under the obligation to dispose of
    11  the body.
    12    (b) If there is more than one member of a class listed in subparagraph
    13  (iv), (vi), (vii), [or] (viii), or (x) of paragraph (a) of this subdivi-
    14  sion entitled to make an anatomical gift, an anatomical gift may be made
    15  by a member of the class unless  that  member  or  person  knows  of  an
    16  objection  by another member of the class. If an objection is known, the
    17  gift may be made only by a majority of the members of the class who  are
    18  reasonably available.
    19    §  2.  Paragraph  (b)  of  subdivision 2 of section 4305 of the public
    20  health law, as amended by chapter 45 of the laws of 2020, is amended  to
    21  read as follows:
    22    (b)  If  more  than one member of a class listed in subparagraph (iv),
    23  (vi), (vii), [or] (viii), or (x) of paragraph (a) of subdivision two  of
    24  section forty-three hundred one of this article is reasonably available,
    25  a  gift  made pursuant to subdivision two of section forty-three hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11117-01-3
        A. 7703                             2

     1  one of this article shall be amended or revoked only if  a  majority  of
     2  the reasonably available members agree.
     3    §  3. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law. Effective immediately,
     5  the commissioner of health is authorized to take any  actions  necessary
     6  to implement the provisions of this act on or before its effective date.