Prohibits, in a city of 1,000,000 or more, delivery of an unclaimed body to a university, college, school or institute, unless the consent of the deceased or the person authorized to control the disposition of such body has been granted.
STATE OF NEW YORK
________________________________________________________________________
6372--D
2015-2016 Regular Sessions
IN ASSEMBLY
March 20, 2015
___________
Introduced by M. of A. SIMANOWITZ, MILLER -- read once and referred to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Health in accordance with Assembly Rule 3, sec. 2 --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to limiting the
release of a body to a university, college, school or institute in a
city having a population of one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4211 of the public health law is amended by adding
2 a new subdivision 3-a to read as follows:
3 3-a. (a) In a city having a population of one million or more, no body
4 of a deceased person shall be delivered or released to or received by,
5 any university, college, school or institute, including any mortuary
6 school unless:
7 (i) the person authorized to consent to make an anatomical gift with
8 respect to the decedent under article forty-three of this chapter makes
9 such an anatomical gift that would encompass such delivery or release;
10 (ii) the person authorized to control the disposition of such body
11 under section forty-two hundred one of this article consents in writing
12 to the delivery and release of the body of such person to the universi-
13 ty, college, school or institute for the purpose of embalming,
14 dissection or autopsy, provided that a chief fiscal officer of a county
15 or a public administrator shall not be authorized to provide such
16 consent; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09006-15-6
A. 6372--D 2
1 (iii) the decedent has through a lawfully executed written instrument,
2 will or trust, consented to such delivery or release;
3 (b) In no event shall such delivery or release for the purpose of
4 embalming, dissection or autopsy be authorized where the provisions of
5 section forty-two hundred nine-a or forty-two hundred ten-c of this
6 title apply.
7 (c) The person or entity having possession, charge, custody or control
8 of the body of a deceased person under subdivision one of this section
9 shall have no duty to locate and/or obtain the written consent from any
10 person under this subdivision. Additionally, a chief fiscal officer of a
11 county or a public administrator shall not be authorized to provide such
12 consent. In the event that such body is not delivered or released to a
13 university, college, school or institute under this section, the body
14 shall be released for burial or other lawful disposition consistent with
15 this article and any other applicable provision of law.
16 (d) The person having lawful possession of a body under this section
17 shall not be held liable for actions taken reasonably and in good faith
18 upon delivery of a body pursuant to subparagraph (i) of paragraph (a) of
19 this subdivision, presentation of a written consent pursuant to subpara-
20 graph (ii) of such paragraph, or a written instrument, will or trust
21 pursuant to subparagraph (iii) of such paragraph.
22 (e) The provisions of this section shall apply notwithstanding any
23 inconsistent provision of general, special or local law.
24 § 2. This act shall take effect on the thirtieth day after it shall
25 have become a law and shall apply to the delivery and release of bodies
26 on and after such date.
