A10036 Summary:

BILL NOA10036
 
SAME ASSAME AS S07543
 
SPONSORRules (Peoples-Stoke
 
COSPNSREnglebright
 
MLTSPNSR
 
Add SS4142-a & 4302-a, amd SS4140, 4144, 4145 & 4212, Pub Health L
 
Relates to death, burial and removal permits.
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A10036 Actions:

BILL NOA10036
 
06/10/2014referred to health
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A10036 Floor Votes:

There are no votes for this bill in this legislative session.
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A10036 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10036
 
                   IN ASSEMBLY
 
                                      June 10, 2014
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
          Stokes) -- read once and referred to the Committee on Health
 
        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    §  4142-a.  Death  certificates;  unclaimed  cadavers  and  anatomical
     4  donations. An institution authorized by article forty-two or forty-three
     5  of this chapter to receive unclaimed cadavers or anatomical  gifts  that
     6  elects to file death certificates, shall:
     7    (a)  Obtain  the personal and statistical particulars required for the
     8  certificate of death from a competent person acquainted with  the  facts
     9  and  qualified to supply them and enter them on the certificate together
    10  with the name and address of his or her informant;
    11    (b) Present the certificate promptly  to  attending  physician,  nurse

    12  practitioner  who shall forthwith certify to the facts of death, provide
    13  the medical information required by the certificate and sign the medical
    14  certificate of death, or to the coroner or  medical  examiner  in  those
    15  cases  where  so  required  by this article or, when a death occurs in a
    16  hospital, except in those cases where certificates are issued by  coron-
    17  ers  or  medical  examiners, to the person in charge of such hospital or
    18  his or her designated  representative,  who  shall  obtain  the  medical
    19  certificate  of  death as prescribed in section forty-one hundred forty-
    20  one-a of this title;
    21    (c) state the facts required on the certificate of death  relative  to
    22  the  date  and place of burial, cremation or removal, over his signature

    23  and with his or her address; and
    24    (d) prior to the disposition of the remains, file the  certificate  of
    25  death  with the registrar of the district in which the death occurred as
    26  provided in section forty-one hundred forty of this title.
    27    § 2. Subdivision 2 of section 4140 of the public health law is amended
    28  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15223-01-4

        A. 10036                            2
 
     1    2. If the certificate of death is properly executed and complete,  the
     2  registrar of the district in which the death occurred shall then issue a

     3  burial or removal permit to the funeral director [or], undertaker, or an
     4  institution authorized by article forty-two or forty-three of this chap-
     5  ter to receive unclaimed cadavers or anatomical gifts. In case the death
     6  occurred  from  a  disease which is designated in the sanitary code as a
     7  communicable disease, no permit for the removal or other disposition  of
     8  the  body shall be issued by the registrar, except to a funeral director
     9  or undertaker licensed in accordance with the provisions of  this  chap-
    10  ter, under such conditions as may be prescribed in the sanitary code.
    11    § 3. Subdivision 1 and paragraphs (b), (c) and (d) of subdivision 2 of
    12  section 4144 of the public health law, subdivision 1 as amended by chap-
    13  ter  617  of the laws of 1980, paragraph (b) of subdivision 2 as amended

    14  by chapter 352 of the laws of 2013 and paragraph (d) of subdivision 2 as
    15  amended by chapter 267 of the laws of  1967,  are  amended  to  read  as
    16  follows:
    17    1.  The  body of any person whose death occurs in this state, or which
    18  shall be found dead herein shall not be interred, deposited in  a  vault
    19  or  tomb,  cremated or otherwise disposed of, or removed from the county
    20  in which the death occurred or the body was  found,  or  be  temporarily
    21  held  pending  further  disposition  more  than  seventy-two hours after
    22  death, unless a permit for burial, removal, or other disposition thereof
    23  shall have been properly issued by the registrar of vital statistics  of
    24  the  registration  district  in which the death occurred or the body was
    25  found, except that such a body may be  removed  to  an  adjacent  county

    26  without  first  obtaining  a permit therefor; provided, however, that an
    27  institution authorized by article forty-two or forty-three of this chap-
    28  ter to receive unclaimed cadavers or anatomical gifts may apply for  and
    29  receive  such  permit  or  a licensed funeral director may apply for and
    30  receive such permit on behalf of any person or institution authorized by
    31  article forty-two or forty-three of this chapter  to  receive  unclaimed
    32  cadavers or anatomical gifts.
    33    (b)  Verbal  permission to remove a body of a deceased person from the
    34  county in which death occurred or the body was found to  a  non-adjacent
    35  county  within  the state of New York, as provided in subdivision one of
    36  this section, shall be issued by the said registrar of vital statistics,

    37  upon request by telephone of a licensed funeral director [or], undertak-
    38  er or an institution authorized by article forty-two or  forty-three  of
    39  this chapter to receive unclaimed cadavers or anatomical gifts who holds
    40  a  certificate of death signed by the attending physician or nurse prac-
    41  titioner, or for deaths occurring on or after  the  implementation  date
    42  under  section forty-one hundred forty-eight of this title, such certif-
    43  icate of death signed by the attending physician or  nurse  practitioner
    44  is available electronically in accordance with section forty-one hundred
    45  forty-eight  of this title, showing that the death resulted from natural
    46  causes and was not a result of accidental, suicidal, homicidal or  other
    47  external causes.

    48    (c) If it is not possible for the funeral director [or], undertaker or
    49  an  institution  authorized  by article forty-two or forty-three of this
    50  chapter to receive unclaimed cadavers or anatomical gifts to communicate
    51  with the registrar by telephone, verbal permission to remove a body of a
    52  deceased person under the same conditions as those  prescribed  for  the
    53  registrar may be issued by the commissioner or person authorized by him.
    54    (d) The funeral director [or], undertaker or an institution authorized
    55  by article forty-two or forty-three of this chapter to receive unclaimed
    56  cadavers  or anatomical gifts who shall make any removal before a permit

        A. 10036                            3
 

     1  is issued by the registrar, shall return the body  to  the  registration
     2  district  where  death occurred, whenever the coroner, medical examiner,
     3  or district attorney shall request such return of the body for  investi-
     4  gation or post-mortem examination.
     5    §  4.  Paragraphs  (a)  and  (b) of subdivision 2 and subdivision 4 of
     6  section 4145 of the public health law, paragraph (a) of subdivision 2 as
     7  amended by chapter 543 of the laws of 2003, paragraph (b) of subdivision
     8  2 as amended by chapter 198 of the laws of 2005, are amended to read  as
     9  follows:
    10    (a) The funeral director [or], undertaker or an institution authorized
    11  by article forty-two or forty-three of this chapter to receive unclaimed
    12  cadavers  or  anatomical  gifts  shall  deliver the burial permit to the

    13  person in charge of the place of  burial  or  other  disposition  before
    14  interring or otherwise disposing of the body or shall attach the removal
    15  or  transit  permit  to the box containing the body, when shipped by any
    16  transportation company, which permit shall accompany the remains to  its
    17  destination,  where,  if within this state, it shall be delivered to the
    18  person in charge of the place of burial or other disposition.
    19    (b) Any person or other entity owning, operating, managing, or  desig-
    20  nated  to  receive  the  body of a deceased person at a place of burial,
    21  cremation, or other final disposition in this state,  who  receives  the
    22  body  of  a deceased person, shall provide a receipt for the body to the
    23  funeral director,  undertaker,  an  institution  authorized  by  article
    24  forty-two  or  forty-three of this chapter to receive unclaimed cadavers

    25  or anatomical gifts or registered resident who delivered such body. Each
    26  receipt shall (i) be endorsed by both such person and the funeral direc-
    27  tor, undertaker or registered resident, (ii) indicate the date the  body
    28  was delivered, (iii) include the name of the funeral director, undertak-
    29  er,  an  institution  authorized  by article forty-two or forty-three of
    30  this chapter to receive unclaimed cadavers or anatomical gifts or regis-
    31  tered resident delivering the body and the registration number  of  such
    32  funeral  director,  undertaker  or registered resident, (iv) include the
    33  name of the registered funeral firm the funeral director, undertaker, an
    34  institution authorized by article forty-two or forty-three of this chap-
    35  ter to receive unclaimed cadavers  or  anatomical  gifts  or  registered

    36  resident  represents,  (v) include the name of the deceased person as it
    37  appears on the burial, cremation, or transit permit,  and  (vi)  include
    38  the  name  of  the  owner, operator, manager, or person in charge of the
    39  place of burial, cremation, or other final disposition who received  the
    40  body of the deceased person. A copy of such receipt shall be retained by
    41  the  owner, operator, manager, or person in charge of the place of buri-
    42  al, cremation, or other final disposition for a period of not less  than
    43  four  years,  and shall be made available for inspection by the division
    44  of cemeteries during normal business hours. The original copy  of  every
    45  such receipt shall be retained by the licensed funeral firm for a period
    46  of not less than four years pursuant to the rules and regulations of the
    47  department governing the maintenance of records.

    48    4.  When  burying  or  otherwise  disposing  of the body of a deceased
    49  person in a cemetery or burial place having no  person  in  charge,  the
    50  funeral  director [or], undertaker or an institution authorized by arti-
    51  cle forty-two or forty-three of this chapter to receive unclaimed cadav-
    52  ers or anatomical gifts shall (a) sign the  burial  or  removal  permit,
    53  giving  the  date of burial; (b) write across the face of the permit the
    54  words "No person in charge;" and (c) file the burial or  removal  permit
    55  within  three days with the registrar of the district in which the ceme-
    56  tery is located.

        A. 10036                            4
 
     1    § 5. Section 4212 of the public health law is amended by adding a  new
     2  subdivision 4 to read as follows:

     3    4.  Notwithstanding any other provision of law, an institution author-
     4  ized by section forty-two hundred eleven of this title may file  certif-
     5  icates  and  permits  pursuant  to sections forty-one hundred forty-two,
     6  forty-one hundred forty-four and forty-one hundred  forty-five  of  this
     7  chapter  for  any  unclaimed  cadavers  received.  The institution shall
     8  ensure the individuals filing permits or transporting cadavers have  the
     9  necessary education and training.
    10    §  6.  The public health law is amended by adding a new section 4302-a
    11  to read as follows:
    12    § 4302-a. Using anatomical gifts  for  research.  Notwithstanding  any
    13  other  provision  of law, an accredited medical school or dental school,

    14  college or university, bank or storage facility for education, research,
    15  advancement of medical or dental science, therapy or transplant  author-
    16  ized  to  receive anatomical donations may file certificates and permits
    17  pursuant to sections  forty-one  hundred  forty-two,  forty-one  hundred
    18  forty-four   and  forty-one  hundred  forty-five  of  this  chapter  for
    19  donations made directly  to  such  institution.  The  institution  shall
    20  ensure  the individuals filing permits or transporting cadavers have the
    21  necessary education and training.
    22    § 7. This act shall take effect on the sixtieth  day  after  it  shall
    23  have become a law.
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