§ 4145 — Deaths; burial and removal permits; disposition of remains

New York § 4145

• Jurisdiction: New York
• Law PBH: Public Health
• Title 4: Registration of Deaths: Burial Permits
• Art. 41: Vital Statistics

Text

§ 4145. Deaths; burial and removal permits; disposition of remains.\n1. No person in charge of any premises on which interments, cremations,\nnatural organic reductions or other disposition of the body of a\ndeceased person are made shall inter or permit the interment or other\ndisposition of any body unless it is accompanied by a burial, cremation,\nnatural organic reduction or transit permit, as provided in this\narticle.\n 2. (a) The funeral director or undertaker shall deliver the burial\npermit to the person in charge of the place of burial or other\ndisposition before interring or otherwise disposing of the body or shall\nattach the removal or transit permit to the box containing the body,\nwhen shipped by any transportation company, which permit shall accompany\nthe remains to its destination, where, if within this state, it shall be\ndelivered to the person in charge of the place of burial or other\ndisposition.\n (b) Any person or other entity owning, operating, managing, or\ndesignated to receive the body of a deceased person at a place of\nburial, cremation, natural organic reduction, or other final disposition\nin this state, who receives the body of a deceased person, shall provide\na receipt for the body to the funeral director, undertaker or registered\nresident who delivered such body. Each receipt shall (i) be endorsed by\nboth such person and the funeral director, undertaker or registered\nresident, (ii) indicate the date the body was delivered, (iii) include\nthe name of the funeral director, undertaker or registered resident\ndelivering the body and the registration number of such funeral\ndirector, undertaker or registered resident, (iv) include the name of\nthe registered funeral firm the funeral director, undertaker or\nregistered resident represents, (v) include the name of the deceased\nperson as it appears on the burial, cremation, natural organic\nreduction, or transit permit, and (vi) include the name of the owner,\noperator, manager, or person in charge of the place of burial,\ncremation, natural organic reduction, or other final disposition who\nreceived the body of the deceased person. A copy of such receipt shall\nbe retained by the owner, operator, manager, or person in charge of the\nplace of burial, cremation, natural organic reduction, or other final\ndisposition for a period of not less than four years, and shall be made\navailable for inspection by the division of cemeteries during normal\nbusiness hours. The original copy of every such receipt shall be\nretained by the licensed funeral firm for a period of not less than four\nyears pursuant to the rules and regulations of the department governing\nthe maintenance of records.\n 3. The person in charge of the place of burial or other disposition\nshall endorse upon the permit, the date of interment, natural organic\nreduction, or cremation or other disposition over his signature, and\nshall return all permits so endorsed to the registrar of his district\nwithin seven days after the date of interment, cremation, natural\norganic reduction, or other disposition.\n 4. When burying or otherwise disposing of the body of a deceased\nperson in a cemetery or burial place having no person in charge, the\nfuneral director or undertaker shall (a) sign the burial or removal\npermit, giving the date of burial; (b) write across the face of the\npermit the words "No person in charge;" and (c) file the burial or\nremoval permit within three days with the registrar of the district in\nwhich the cemetery is located.\n 5. The person in charge of the place of burial, cremation, natural\norganic reduction, or other disposition shall keep a record of all\nbodies interred or otherwise disposed of on the premises under his\ncharge, in each case stating the name of each deceased person, place of\ndeath, date of burial or disposal, and name and address of the funeral\ndirector or undertaker, which record shall at all time be open to\nofficial inspection.\n 6. For the purposes of this section, such documents required to be\nproduced under this section may be signed by written instrument or the\nuse of an electronic signature, as that term is defined in subdivision\nthree of section three hundred two of the state technology law, with the\nintent to execute the instrument, writing or electronic record.\n