2023 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.