N.Y. Public Health Law § 4144: Deaths; burial and removal permits; transportation of remains

§ 4144. Deaths; burial and removal permits; transportation of remains.

1. The body of any person whose death occurs in this state, or which

shall be found dead herein shall not be interred, deposited in a vault

or tomb, cremated or otherwise disposed of, or removed from this state,

or be temporarily held pending further disposition more than seventy-two

hours after death, unless a permit for burial, removal, or other

disposition thereof shall have been properly issued by the registrar of

vital statistics of the registration district in which the death

occurred or the body was found; provided, however, that a licensed

funeral director may apply for and receive such permit on behalf of any

person or institution authorized by article forty-two or forty-three of

this chapter to receive unclaimed cadavers or anatomical gifts.

2. (a) No burial or removal permit shall be issued by any registrar

until, wherever practicable, a complete and satisfactory certificate of

death has been filed with him as provided in this article.

(b) The funeral director or undertaker who shall make any removal

before a permit is issued by the registrar, shall return the body to the

registration district where death occurred, whenever the coroner,

medical examiner, or district attorney shall request such return of the

body for investigation or post-mortem examination.

(c) Except as specifically provided in this section, the existing

general duties of, and remuneration received by, local registrars in

accepting and filing certificates of death and issuing burial and

removal permits pursuant to any statute or regulation shall be

maintained, and not altered or abridged in any way by this section.

3. No registrar of vital statistics shall receive any fee for the

issuance of burial or removal permits under this chapter except as

referenced by section forty-one hundred forty-eight of this title and

other than the compensation provided in this article.

4. When the body of a deceased person is transported from outside of

the state into a registration district in this state for burial or other

disposition, the transit or removal permit issued in accordance with the

law and health regulations of the place where the death occurred shall

be given the same force and effect as the burial permit herein provided

for.

5. If the interment, or other disposition of the body of a deceased

person is to be made within the state, the wording of the burial or

removal permit may be limited to a statement by the registrar, and over

his signature, that a satisfactory certificate of death, having been

filed with him, as required by law, permission is granted to inter,

remove or otherwise dispose of the body, stating the name, age, sex,

cause of death, and other necessary details in a manner and format as

may be required by the commissioner.

6. Notwithstanding any other provision of law, the commissioner shall

have power to promulgate rules with reference to the removal of bodies

of persons whose deaths occur on trains, boats or other carriers engaged

in the transportation of persons within this state, and with reference

to the removal of bodies as provided herein.