NY Pub Health L § 4210-C (2021)
2021 New York Laws PBH - Public Health Article 42 - Cadavers Title 2 - Autopsy and Dissection 4210-C - Limitations to Dissection or Autopsy.

§ 4210-c. Limitations to dissection or autopsy. 1. Notwithstanding any other provision of law, in the absence of a compelling public necessity, no  dissection  or  autopsy  shall  be performed over the objection of a surviving relative or friend of the  deceased  that  such  procedure  is contrary  to  the  religious  belief  of  the  decedent, or, if there is otherwise reason to believe that a dissection or autopsy is contrary  to the decedent's religious beliefs.   2. For the purposes of this section: (a) "compelling public necessity" shall mean:  (i)  that  the  dissection or autopsy is essential to the conduct of a criminal investigation of a homicide, as defined in  section  125.00  of the penal law, of which the decedent is the victim, or  (ii)  that  discovery  of  the  cause of death is necessary to meet an immediate and substantial  threat  to  the  public  health  and  that  a dissection or autopsy is essential to ascertain the cause of death, or  (iii)  that  the  need  for  a dissection or autopsy is established in accordance with subdivision five of this section.  (b) "relative" shall mean the  person  most  closely  related  to  the decedent  by  consanguinity  or  affinity.  In  the event such person is unavailable, the objection may be raised on his behalf by the next  most closely  related  person.  The  official  who  has  authority to order a dissection or autopsy of the decedent's body may require a  relative  to present  an  affidavit  stating  his  relationship  to the decedent, the religious affiliation of the decedent, if any,  that  the  decedent  had religious  objections to an autopsy, the basis for such belief, and that he will assume responsibility for the lawful disposition of the body  of the deceased.  (c)"friend"  shall mean any person who, prior to the decedent's death, maintained such regular contact with the decedent as to be familiar with his activities,  health  and  religious  beliefs  and  who  presents  an affidavit  stating the facts and circumstances upon which the claim that he is such friend is based, the religious affiliation of  the  decedent, if  any,  that  the decedent had religious objections to an autopsy, the basis for such belief, and that he will assume  responsibility  for  the lawful disposition of the body of the deceased.   3.  All  dissections  or  autopsies performed pursuant to this section shall be the least intrusive procedure consistent  with  the  compelling state interest as defined herein.   4.  Except  as  provided  in  subdivision  three  of section forty-two hundred ten of this article, no dissection or autopsy shall be performed over the objection of a surviving relative or friend that  such  autopsy is  contrary to the religious beliefs of the deceased, or where there is otherwise reason to believe that a dissection or autopsy is contrary  to the  decedent's  religious beliefs, until notice thereof is given to the next of kin or friend as defined herein, or until forty-eight hours have elapsed, whichever is greater, to permit an objecting party to institute legal proceedings to determine  the  propriety  of  such  dissection  or autopsy;  provided,  however,  that  a  court  upon  ex parte motion may dispense with the waiting period if it determines that  such  delay  may prejudice  the accuracy of the autopsy or dissection or if the objecting party is a suspect in the homicide.   5. Whenever any coroner or medical examiner shall deem it necessary to perform an autopsy over the objection of a surviving relative or  friend that  such autopsy is contrary to the religious beliefs of the deceased, or where there is otherwise reason  to  believe  that  a  dissection  or autopsy   is   contrary   to   the   decedent's  religious  beliefs,  in circumstances  not  provided  for  in  subparagraphs  (i)  and  (ii)  of paragraph  (a)  of  subdivision  two of this section, he may institute a  special proceeding, without fee, in the supreme court  or  county  court for  an  order  authorizing  such  autopsy.  Such  proceeding  shall  be instituted as soon as practicable, brought on by an order to show  cause on  notice  to  the  next  of  kin or friend, or if none is known to the petitioner, then to such party as the court may  direct,  returnable  at the  earliest  possible  time. The proceeding shall have preference over all other cases in the court and shall be determined summarily upon  the petition  and  such  oral  or  written  proof  as  may be offered by the parties. The court shall grant the relief sought in the petition  if  it finds  that  the petitioner had established a demonstrable need for such autopsy or dissection under  all  circumstances  of  the  case.  If  the petition is denied, and no stay is granted by the court or the appellate division,  the  body  shall  immediately  be  released for burial to the surviving relative or friend.