Relates to the commercial display of human remains; requires the department of health to implement a permit process for anyone displaying human remains for payment or other consideration; exempts remains more than 100 years old, consisting solely of human hair or teeth, part of the ordinary display at a funeral establishment or memorial, an object of religious veneration, consisting solely of bodies transported into and remaining in the state for display prior to the effective date of this section, or in the possession of a museum facility.
STATE OF NEW YORK
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6185--A
2011-2012 Regular Sessions
IN ASSEMBLY
March 9, 2011
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Health -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to the commercial
display of human remains
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds and declares
2 that:
3 1. Article 43 of the public health law requires any donor and speci-
4 fied authorized individuals to authorize the use of anatomical gifts for
5 transplantation, therapy, research, and education purposes.
6 2. Every city, county, or state official responsible for the remains
7 of unclaimed dead bodies is required to use due diligence to notify the
8 relatives of the decedent.
9 3. The public display of human remains must be regulated to protect
10 individual bodily integrity, as well as the social and cultural values
11 of the state.
12 4. It is the intent of the legislature to require persons who partic-
13 ipate in the public display of human remains for commercial purposes to
14 provide evidence of informed consent from the decedent or relatives of
15 all humans whose remains are put on display, and to provide for the
16 continued use of human remains in the educational, medical, and scien-
17 tific communities to promote human health and safety.
18 § 2. The public health law is amended by adding a new article 43-D to
19 read as follows:
20 ARTICLE 43-D
21 COMMERCIAL DISPLAY OF HUMAN REMAINS
22 Section 4380. Definitions.
23 4381. Commercial display of human remains.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02174-05-2
A. 6185--A 2
1 4382. Permit.
2 4383. Application.
3 § 4380. Definitions. As used in this article, the following terms
4 shall have the following meanings:
5 1. "Commercial purposes" means either:
6 (a) A display for which the public is charged a fee or other consider-
7 ation as a condition of viewing; or
8 (b) A display for which an exhibitor accepts payment or other consid-
9 eration.
10 2. "Exhibitor" means a person or entity who shows or puts on, or
11 contracts to show or put on, a temporary public display of human
12 remains.
13 3. "Museum facility" means a public or private nonprofit institution
14 that is accredited by the American Association of Museums or is a part
15 of an accredited college or university, and that is organized on a
16 permanent basis for essentially educational or aesthetic purposes and
17 that owns or uses tangible objects, cares for those objects, and exhib-
18 its them to the general public on a regular basis.
19 § 4381. Commercial display of human remains. 1. Except as provided in
20 subdivision two of this section, a person shall not display human
21 remains to the public for commercial purposes without first obtaining a
22 permit issued by the department as required by section forty-three
23 hundred eighty-two of this article.
24 2. Subdivision one of this section shall not apply to a display of
25 human remains that is any of the following:
26 (a) More than one hundred years old;
27 (b) Consisting solely of human teeth or hair;
28 (c) Part of the ordinary display or viewing of the deceased at a
29 funeral establishment or part of a similar funeral or memorial service;
30 (d) An object of religious veneration;
31 (e) Consisting solely of bodies transported into and remaining in the
32 state for display prior to the effective date of this section; or
33 (f) In the possession of a museum facility.
34 However, if the museum facility paid or offered other consideration to
35 an exhibitor to display the remains, and the remains are not exempt from
36 this section pursuant to paragraphs (a) through (d) of this subdivision,
37 the exhibitor shall be required to obtain a permit pursuant to section
38 forty-three hundred eighty-two of this article.
39 3. Any person who violates this section shall be subject to a civil
40 penalty of an amount that does not exceed five thousand dollars for each
41 violation.
42 § 4382. Permit. The department shall establish a permit program under
43 this article. A permit may be issued to any person for the purpose
44 described in section forty-three hundred eighty-one of this article only
45 upon a determination by the department that the person has provided
46 valid written authorization to display human remains for consideration
47 from any of the following individuals:
48 1. The decedent, including, but not limited to, authorization given by
49 will;
50 2. Any person authorized to make an anatomical gift under article
51 forty-three of this chapter.
52 § 4383. Application. Nothing in this article shall be construed to
53 apply to the utilization of human remains in a manner that meets the
54 purposes set forth in article forty-three of this chapter relating to
55 anatomical gifts.
A. 6185--A 3
1 § 3. This act shall take effect on the ninetieth day after it shall
2 have become a law. Effective immediately the commissioner of the depart-
3 ment of health is authorized to promulgate any and all rules and regu-
4 lations and take any other measures necessary to implement this act on
5 its effective date, on or before such date.
