STATE OF NEW YORK
________________________________________________________________________
1395
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. PAULIN, SAYEGH, HEVESI, TAPIA, REYES, DINOWITZ --
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.
LBD03875-01-5
A. 1395 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.
