Amd §4174, Pub Health L (as proposed in S.6815 & A.6180-A)
Relates to the controlling disposition of a decedent's remains; adds domestic partners and removes grandparents, aunts, uncles, cousins, nieces or nephews from having such controlling interest.
STATE OF NEW YORK
________________________________________________________________________
8553
IN ASSEMBLY
January 8, 2024
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the controlling
disposition of a decedent's remains
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 4174 of the
2 public health law, as amended by a chapter of the laws of 2023 amending
3 the public health law relating to death certificates, as proposed in
4 legislative bills numbers S. 6815 and A. 6180-A, is amended to read as
5 follows:
6 (a) upon request, issue to any applicant either a certified copy or a
7 certified transcript of the record of any death registered under the
8 provisions of this chapter (1) when a documented medical need has been
9 demonstrated, (2) when a documented need to establish a legal right or
10 claim has been demonstrated, (3) when needed for medical or scientific
11 research approved by the commissioner, (4) when needed for statistical
12 or epidemiological purposes approved by the commissioner, (5) upon
13 specific request by municipal, state or federal agencies for statistical
14 or official purposes, (6) upon specific request of the agent charged
15 with controlling disposition of a decedent's remains, as designated
16 pursuant to subdivision three of section four thousand two hundred one
17 of this chapter, spouse, domestic [partner] partners as defined in para-
18 graph (c) of subdivision one of section four thousand two hundred one of
19 this chapter, children, siblings or, parents[, grandparents, aunts,
20 uncles, cousins, nieces or nephews] of the deceased or the lawful repre-
21 sentative of such persons, or (7) pursuant to the order of a court of
22 competent jurisdiction on a showing of necessity; except no certified
23 copy or certified transcript of a death record shall be subject to
24 disclosure under article six of the public officers law;
25 § 2. This act shall take effect on the same date and in the same
26 manner as a chapter of the laws of 2023 amending the public health law
27 relating to death certificates, as proposed in legislative bills numbers
28 S. 6815 and A. 6180-A, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10401-04-4
