2023 New York Laws › PBH - Public Health › Article 41 - Vital Statistics › Title 4 - Registration of Deaths: Burial Permits › 4145 - Deaths; Burial and Removal Permits; Disposition of Remains.

§  4145.  Deaths;  burial and removal permits; disposition of remains.
1. No person in charge of any premises on which interments,  cremations,
natural  organic  reductions  or  other  disposition  of  the  body of a
deceased person are made shall inter or permit the  interment  or  other
disposition of any body unless it is accompanied by a burial, cremation,
natural  organic  reduction  or  transit  permit,  as  provided  in this
article.
2. (a) The funeral director or undertaker  shall  deliver  the  burial
permit  to  the  person  in  charge  of  the  place  of  burial or other
disposition before interring or otherwise disposing of the body or shall
attach the removal or transit permit to the  box  containing  the  body,
when shipped by any transportation company, which permit shall accompany
the remains to its destination, where, if within this state, it shall be
delivered  to  the  person  in  charge  of  the place of burial or other
disposition.
(b) Any  person  or  other  entity  owning,  operating,  managing,  or
designated  to  receive  the  body  of  a  deceased person at a place of
burial, cremation, natural organic reduction, or other final disposition
in this state, who receives the body of a deceased person, shall provide
a receipt for the body to the funeral director, undertaker or registered
resident who delivered such body. Each receipt shall (i) be endorsed  by
both  such  person  and  the  funeral director, undertaker or registered
resident, (ii) indicate the date the body was delivered,  (iii)  include
the  name  of  the  funeral  director, undertaker or registered resident
delivering  the  body  and  the  registration  number  of  such  funeral
director,  undertaker  or  registered resident, (iv) include the name of
the  registered  funeral  firm  the  funeral  director,  undertaker   or
registered  resident  represents,  (v)  include the name of the deceased
person  as  it  appears  on  the  burial,  cremation,  natural   organic
reduction,  or  transit  permit, and (vi) include the name of the owner,
operator,  manager,  or  person  in  charge  of  the  place  of  burial,
cremation,  natural  organic  reduction,  or other final disposition who
received the body of the deceased person. A copy of such  receipt  shall
be  retained by the owner, operator, manager, or person in charge of the
place of burial, cremation, natural organic reduction,  or  other  final
disposition  for a period of not less than four years, and shall be made
available for inspection by the division  of  cemeteries  during  normal
business  hours.  The  original  copy  of  every  such  receipt shall be
retained by the licensed funeral firm for a period of not less than four
years pursuant to the rules and regulations of the department  governing
the maintenance of records.
3.  The  person  in charge of the place of burial or other disposition
shall endorse upon the permit, the date of  interment,  natural  organic
reduction,  or  cremation  or  other disposition over his signature, and
shall return all permits so endorsed to the registrar  of  his  district
within  seven  days  after  the  date  of  interment, cremation, natural
organic reduction, or other disposition.
4. When burying or otherwise disposing  of  the  body  of  a  deceased
person  in  a  cemetery  or burial place having no person in charge, the
funeral director or undertaker shall (a)  sign  the  burial  or  removal
permit,  giving  the  date  of  burial; (b) write across the face of the
permit the words "No person in charge; " and  (c)  file  the  burial  or
removal  permit  within three days with the registrar of the district in
which the cemetery is located.
5. The person in charge of the place  of  burial,  cremation,  natural
organic  reduction,  or  other  disposition  shall  keep a record of all
bodies interred or otherwise disposed  of  on  the  premises  under  his
charge,  in each case stating the name of each deceased person, place of

death, date of burial or disposal, and name and address of  the  funeral
director  or  undertaker,  which  record  shall  at  all time be open to
official inspection.
6.  For  the  purposes  of this section, such documents required to be
produced under this section may be signed by written instrument  or  the
use  of  an electronic signature, as that term is defined in subdivision
three of section three hundred two of the state technology law, with the
intent to execute the instrument, writing or electronic record.