Bill Text: NY S04430 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-08-18 - SIGNED CHAP.247 [S04430 Detail]

Download: New_York-2015-S04430-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4430--D
                               2015-2016 Regular Sessions
                    IN SENATE
                                     March 20, 2015
                                       ___________
        Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          recommitted  to the Committee on Health in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said committee -- committee discharged,
          bill amended, 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.
                                                                   LBD09006-16-6
        S. 4430--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.