N.Y. Public Health Law § 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.