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A01566 Summary:

A01566 Actions:

A01566 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1566
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced  by  M. of A. GOTTFRIED, ORTIZ -- Multi-Sponsored by -- M. of
          A. BRENNAN, COOK, CYMBROWITZ, DINOWITZ, GALEF, HIKIND, HOOPER, PAULIN,
          PERRY, RIVERA, ROBINSON -- read once and referred to the Committee  on
          Health
 
        AN  ACT  to  amend the public health law, in relation to authorizing the
          commissioner of health to develop and administer training programs for
          coroners, coroners' physicians and medical examiners
 
          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  4223 to read as follows:
     3    § 4223. Coroner, coroner's physician, medical  examiner;  regulations.
     4  1.  The  commissioner shall develop and administer training programs for
     5  coroners, coroners' physicians, and medical examiners.
     6    2. The commissioner shall make  regulations  applicable  to  coroners,
     7  coroners'  physicians,  and medical examiners, including but not limited
     8  to:
     9    (a) Minimum qualifications for  coroners,  coroners'  physicians,  and
    10  medical examiners.
    11    (b)  Minimum training and continuing education requirements for coron-
    12  ers, coroners' physicians, and medical examiners.
    13    (c) Procedures and standards for pronouncing deaths.
    14    (d) Procedures and standards for investigating deaths.
    15    (e) Any other provisions necessary to ensure  appropriate  performance
    16  of  the  duties of coroners, coroners' physicians, and medical examiners
    17  and to carry out the provisions of this chapter.
    18    3. Regulations under this section shall apply to  coroners,  coroners'
    19  physicians,  and  medical examiners in addition to the provisions of any
    20  other law, local law or regulation.
    21    4. (a) At least three months before formally  proposing  to  make  any
    22  regulation  under this article, the commissioner, in accordance with the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02410-01-5
        A. 1566                             2
 
     1  provisions of the state administrative procedure act, shall send a  copy
     2  of  the proposed regulation to the chief executive and presiding officer
     3  of the legislative body of every county and the city of New York, and to
     4  every  local health officer, with a notice (i) requesting comment on the
     5  proposed regulation, especially with respect to any  conflict  with  any
     6  law,  local law, regulation, or practice; and (ii) stating the procedure
     7  and timetable for adoption of the proposed regulation.
     8    (b) The commissioner may modify the proposed regulation, or make regu-
     9  lations, under this section to accommodate any  law,  local  law,  regu-
    10  lation or practice of a particular county or counties or the city of New
    11  York.
    12    (c)  In  the  case of an emergency rulemaking under subdivision six of
    13  section two hundred two of the state administrative procedure  act,  the
    14  three  month  prior notification requirement under paragraph (a) of this
    15  subdivision shall not apply, but a copy of the regulation and notice, as
    16  to consideration of the regulation in accordance with the provisions  of
    17  the state administrative procedure act, shall be immediately sent to the
    18  officers referred to in paragraph (a) of this subdivision, with a notice
    19  (i) requesting comment on the regulation, especially with respect to any
    20  conflict  with  any  law,  local  law, regulation, or practice, and (ii)
    21  stating the procedure and timetable for  further  consideration  of  the
    22  regulation under the state administrative procedure act.
    23    § 2. This act shall take effect immediately.