N.Y. Public Health Law § 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.