NY Pub Health L § 4211 (2021)
2021 New York Laws PBH - Public Health Article 42 - Cadavers Title 2 - Autopsy and Dissection 4211 - Cadavers; Unclaimed; Delivery to Schools for Study.

§  4211. Cadavers; unclaimed; delivery to schools for study. 1. Except as hereinafter provided, and subject to the conditions specified in this article, the director or person in charge of any hospital,  institution, morgue  or  other  place  for bodies of deceased persons not interred or otherwise finally disposed of, and every funeral director, undertaker or other person having in his or her  lawful  possession,  any  body  of  a deceased  person  for  keeping  or burial, shall deliver every body of a deceased person in his or her possession, charge, custody or control not placed therein by any person, agency or organization for keeping, burial or other lawful disposition to:  (a) any medical college, school or  institute  including  chiropractic colleges registered by the regents of the university of the state of New York as maintaining a proper standard;  (b)  any  university  within  the  state  authorized  by law to confer degrees of doctor of medicine or doctor of dental surgery;  (c) any other college or school incorporated under  the  laws  of  the state  of  New  York  for  the  purpose of teaching medicine, anatomy or surgery to those on whom the degree  of  doctor  of  medicine  has  been conferred;  (d)  any  university  within  the  state  of New York having a medical preparatory or medical postgraduate course of instruction; or  (e) any college, school or institute maintaining  a  mortuary  science program  that  has  either  been  approved  by the department or holds a certificate of accreditation from an accrediting organization recognized by the department pursuant  to  article  thirty-four  of  this  chapter, provided,  however,  that  such  bodies  remain  unclaimed by any of the aforementioned  institutions.   Any   college,   school   or   institute maintaining  a  mortuary science program may only claim and utilize such bodies for anatomical and embalming instruction purposes.   2. The professors and teachers in every university, college, school or institute hereinbefore specified may receive  the  body  of  a  deceased person  delivered  or  released  to  the  university, college, school or institute, as herein provided, for the purposes of  medical,  anatomical and surgical science, anatomic embalming, and study.   3.  No  body of a deceased person shall be delivered or released to or received by, any university, college or school or institute.  (a) if, within  forty-eight  hours  after  death  it  is  desired  for interment  or  other lawful disposition by relatives and in the counties of Oneida, Onondaga, Oswego,  Madison  and  Cortland,  by  relatives  or friends, or,  (b)  if  prior  to his or her death, the person shall have expressed a desire that his or her body be interred or otherwise  lawfully  disposed of, is carrying an identification card upon his or her person indicating his  or  her opposition to the dissection or autopsy of his or her body, or,  (c) if the deceased person is known to have a relative whose place  of residence  is  known or can be ascertained after reasonable and diligent inquiry.   3-a. (a) In a city having a population of one million or more, no body of a deceased person shall be delivered or released to or  received  by, any  university,  college,  school  or institute, including any mortuary school unless:  (i) the person authorized to consent to make an anatomical  gift  with respect  to the decedent under article forty-three of this chapter makes such an anatomical gift that would encompass such delivery or release;  (ii) the person authorized to control the  disposition  of  such  body under  section forty-two hundred one of this article consents in writing to the  delivery  and  release  of  the  body  of  such  person  to  the  university,  college,  school or institute for the purpose of embalming, dissection or autopsy, provided that a chief fiscal officer of a  county or  a  public  administrator  shall  not  be  authorized to provide such consent; or  (iii) the decedent has through a lawfully executed written instrument, will or trust, consented to such delivery or release;  (b)  In  no  event  shall  such delivery or release for the purpose of embalming, dissection or autopsy be authorized where the  provisions  of section  forty-two  hundred  nine-a  or  forty-two hundred ten-c of this title apply.  (c) The person or entity having possession, charge, custody or control of the body of a deceased person under subdivision one of  this  section shall  have no duty to locate and/or obtain the written consent from any person under this subdivision. Additionally, a chief fiscal officer of a county or a public administrator shall not be authorized to provide such consent. In the event that such body is not delivered or released  to  a university,  college,  school  or institute under this section, the body shall be released for burial or other lawful disposition consistent with this article and any other applicable provision of law.  (d) The person having lawful possession of a body under  this  section shall  not be held liable for actions taken reasonably and in good faith upon delivery of a body pursuant to subparagraph (i) of paragraph (a) of this  subdivision,  presentation  of  a  written  consent  pursuant   to subparagraph  (ii)  of  such paragraph, or a written instrument, will or trust pursuant to subparagraph (iii) of such paragraph.  (e) The provisions of this section  shall  apply  notwithstanding  any inconsistent provision of general, special or local law.   4.  (a) A body of a deceased person shall not be delivered or released to, or received by a university, college, school or institute, if within twenty-four hours after notice of death  by  the  person  having  lawful possession,  charge,  custody  or  control to the next of kin, or in the counties of Oneida, Onondaga, Oswego, Madison and Cortland to  the  next of  kin,  or  friend  of  the deceased person such next of kin or friend shall claim such body for interment or other lawful disposition.  (b) Unless a relative or friend of the deceased person shall claim the body of the deceased person within forty-eight  hours  after  death,  or within twenty-four hours after receipt of notice of death as provided in paragraph  (a)  of  this  subdivision,  the  next  of  kin, relatives or friends, as the case may  be,  shall  be  deemed  to  have  assented  to delivery  or  release to, and receipt by the university, college, school or institute, of such dead body.