Mandates performance of autopsies for those afflicted with certain neurological symptoms, i.e. all of the following: rapidly progressing dementia, loss of motor control, and involuntary muscle movements, associated neuromuscular disturbances, insomnia, depression, confusion, personality and behavioral changes, loss of memory, loss of coordination and sight, loss of all mental capacity and loss of all physical capabilities within one year of such persons death.
STATE OF NEW YORK
________________________________________________________________________
5618
2011-2012 Regular Sessions
IN ASSEMBLY
February 24, 2011
___________
Introduced by M. of A. MARKEY -- Multi-Sponsored by -- M. of A. BRENNAN,
MAYERSOHN -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to mandatory perform-
ance of autopsies for those afflicted with certain neurological symp-
toms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 4210-c of the public health law,
2 as amended by chapter 898 of the laws of 1984, is amended to read as
3 follows:
4 2. For the purposes of this section: (a) "compelling public necessity"
5 shall mean:
6 (i) that the dissection or autopsy is essential to the conduct of a
7 criminal investigation of a homicide, as defined in section 125.00 of
8 the penal law, of which the decedent is the victim, or
9 (ii) that discovery of the cause of death is necessary to meet an
10 immediate and substantial threat to the public health and that a
11 dissection or autopsy is essential to ascertain the cause of death, or
12 (iii) that the need for a dissection or autopsy is established in
13 accordance with subdivision five of this section[.], or
14 (iv) that the deceased, who was between the ages of forty and sixty-
15 five, exhibited prior to one year of their death all of the following
16 symptoms: rapidly progressing dementia, loss of motor control, involun-
17 tary muscle movements, associated neuromuscular disturbances, insomnia,
18 depression, confusion, personality and behavioral changes, loss of memo-
19 ry, loss of coordination and sight, loss of all mental capacity and loss
20 of all physical capabilities.
21 (b) "relative" shall mean the person most closely related to the dece-
22 dent by consanguinity or affinity. In the event such person is unavail-
23 able, the objection may be raised on his behalf by the next most closely
24 related person. The official who has authority to order a dissection or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08491-01-1
A. 5618 2
1 autopsy of the decedent's body may require a relative to present an
2 affidavit stating his relationship to the decedent, the religious affil-
3 iation of the decedent, if any, that the decedent had religious
4 objections to an autopsy, the basis for such belief, and that he will
5 assume responsibility for the lawful disposition of the body of the
6 deceased.
7 (c) "friend" shall mean any person who, prior to the decedent's death,
8 maintained such regular contact with the decedent as to be familiar with
9 his activities, health and religious beliefs and who presents an affida-
10 vit stating the facts and circumstances upon which the claim that he is
11 such friend is based, the religious affiliation of the decedent, if any,
12 that the decedent had religious objections to an autopsy, the basis for
13 such belief, and that he will assume responsibility for the lawful
14 disposition of the body of the deceased.
15 § 2. This act shall take effect on the one hundred twentieth day after
16 it shall have become a law; provided, however that effective immediate-
17 ly, the addition, amendment and/or repeal of any rule or regulation
18 necessary for the implementation of this act on its effective date are
19 authorized and directed to be made and completed on or before such
20 effective date by the department of health of the state of New York.
