Bill Text: NY A02692 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner of health to develop and administer training programs for coroners, coroners' physicians and medical examiners; provides for the making of regulations for minimum qualifications, minimum training and continuing education requirements, procedures and standards for pronouncing deaths and procedures and standards for investigating deaths; further requires the commissioner to send a copy to certain officers of the proposed regulations at least three months before formally proposing such regulation; makes an exemption for emergency rulemaking.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A02692 Detail]

Download: New_York-2013-A02692-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2692
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, ORTIZ -- Multi-Sponsored by -- M. of
         A. BRENNAN, COOK, CYMBROWITZ, DINOWITZ, GALEF, HIKIND, HOOPER, JACOBS,
         PAULIN, RIVERA, ROBINSON, WEISENBERG -- read once and referred to  the
         Committee on Health
       AN  ACT  to  amend the public health law, in relation to authorizing the
         commissioner of health to develop and administer training programs for
         coroners, coroners' physicians and medical examiners
         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  4223 to read as follows:
    3    S 4223. CORONER, CORONER'S PHYSICIAN, MEDICAL  EXAMINER;  REGULATIONS.
    4  1.  THE  COMMISSIONER SHALL DEVELOP AND ADMINISTER TRAINING PROGRAMS FOR
    5  CORONERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS.
    6    2. THE COMMISSIONER SHALL MAKE  REGULATIONS  APPLICABLE  TO  CORONERS,
    7  CORONERS'  PHYSICIANS,  AND MEDICAL EXAMINERS, INCLUDING BUT NOT LIMITED
    8  TO:
    9    (A) MINIMUM QUALIFICATIONS FOR  CORONERS,  CORONERS'  PHYSICIANS,  AND
   10  MEDICAL EXAMINERS.
   11    (B)  MINIMUM TRAINING AND CONTINUING EDUCATION REQUIREMENTS FOR CORON-
   12  ERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS.
   13    (C) PROCEDURES AND STANDARDS FOR PRONOUNCING DEATHS.
   14    (D) PROCEDURES AND STANDARDS FOR INVESTIGATING DEATHS.
   15    (E) ANY OTHER PROVISIONS NECESSARY TO ENSURE  APPROPRIATE  PERFORMANCE
   16  OF  THE  DUTIES OF CORONERS, CORONERS' PHYSICIANS, AND MEDICAL EXAMINERS
   17  AND TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
   18    3. REGULATIONS UNDER THIS SECTION SHALL APPLY TO  CORONERS,  CORONERS'
   19  PHYSICIANS,  AND  MEDICAL EXAMINERS IN ADDITION TO THE PROVISIONS OF ANY
   20  OTHER LAW, LOCAL LAW OR REGULATION.
   21    4. (A) AT LEAST THREE MONTHS BEFORE FORMALLY  PROPOSING  TO  MAKE  ANY
   22  REGULATION  UNDER THIS ARTICLE, THE COMMISSIONER, IN ACCORDANCE WITH THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01434-01-3
       A. 2692                             2
    1  PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL SEND A  COPY
    2  OF  THE PROPOSED REGULATION TO THE CHIEF EXECUTIVE AND PRESIDING OFFICER
    3  OF THE LEGISLATIVE BODY OF EVERY COUNTY AND THE CITY OF NEW YORK, AND TO
    4  EVERY  LOCAL HEALTH OFFICER, WITH A NOTICE (I) REQUESTING COMMENT ON THE
    5  PROPOSED REGULATION, ESPECIALLY WITH RESPECT TO ANY  CONFLICT  WITH  ANY
    6  LAW,  LOCAL LAW, REGULATION, OR PRACTICE; AND (II) STATING THE PROCEDURE
    7  AND TIMETABLE FOR ADOPTION OF THE PROPOSED REGULATION.
    8    (B) THE COMMISSIONER MAY MODIFY THE PROPOSED REGULATION, OR MAKE REGU-
    9  LATIONS, UNDER THIS SECTION TO ACCOMMODATE ANY  LAW,  LOCAL  LAW,  REGU-
   10  LATION OR PRACTICE OF A PARTICULAR COUNTY OR COUNTIES OR THE CITY OF NEW
   11  YORK.
   12    (C)  IN  THE  CASE OF AN EMERGENCY RULEMAKING UNDER SUBDIVISION SIX OF
   13  SECTION TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE  ACT,  THE
   14  THREE  MONTH  PRIOR NOTIFICATION REQUIREMENT UNDER PARAGRAPH (A) OF THIS
   15  SUBDIVISION SHALL NOT APPLY, BUT A COPY OF THE REGULATION AND NOTICE, AS
   16  TO CONSIDERATION OF THE REGULATION IN ACCORDANCE WITH THE PROVISIONS  OF
   17  THE STATE ADMINISTRATIVE PROCEDURE ACT, SHALL BE IMMEDIATELY SENT TO THE
   18  OFFICERS REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVISION, WITH A NOTICE
   19  (I) REQUESTING COMMENT ON THE REGULATION, ESPECIALLY WITH RESPECT TO ANY
   20  CONFLICT  WITH  ANY  LAW,  LOCAL  LAW, REGULATION, OR PRACTICE, AND (II)
   21  STATING THE PROCEDURE AND TIMETABLE FOR  FURTHER  CONSIDERATION  OF  THE
   22  REGULATION UNDER THE STATE ADMINISTRATIVE PROCEDURE ACT.
   23    S 2. This act shall take effect immediately.