§ 4202 — Cremated remains; disposition

§ 4202. Cremated remains; disposition. 1. Every body delivered to a\ncemetery for cremation, or natural organic reduction, shall be\naccompanied by a statement from a physician, coroner, or medical\nexaminer certifying that such body does not contain a battery or power\ncell. The person in charge of a cemetery may refuse to cremate or\nnaturally organically reduce a body unless accompanied by such\nstatement.\n 2. Cremated remains means human remains after incineration in a\ncrematory. Naturally organically reduced remains means human remains\nthat have been naturally organically reduced to soil.\n 3. An institution authorized by article forty-two or forty-three of\nthis chapter to receive unclaimed cadavers or anatomical gifts,\nnotwithstanding any other provision of law, may prepare or preserve\ncadavers in its lawful possession for purposes of research, study or\nanatomical instruction and may cremate the cadavers or dissected remains\nof such cadavers after the completion of such research, study or\nanatomical instruction thereon; provided, however, that cremation shall\nbe performed only in a retort used exclusively for such purpose. For the\npurposes of the provisions of this subdivision, such institution shall\nnot be subject to article fifteen of the not-for-profit corporation law.\n 4. At the time of the arrangement for a funeral performed by any\nundertaker or funeral director, the person contracting for funeral\nservices shall designate his intentions with respect to the disposition\nof the remains of the deceased in a signed declaration of intent on a\nform as designated by the department which shall be provided by and\nretained by the undertaker. Every undertaker, administrator, executor,\nauthorized representative of a deceased person, corporation, company or\nassociation, or other person having in his or its lawful possession\ncremated or naturally organically reduced remains, except such remains\ncommitted to his or its care for permanent interment, which remains\nshall not have been claimed by a relative or friend of the deceased\nperson within one hundred twenty days from the date of cremation or\nnatural organic reduction, may dispose of such remains by placement in a\ntomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or\nscattering of the remains at sea or by otherwise disposing of such\nremains as provided by rule of the department. A record of such\ndisposition shall be made and kept by the person making such\ndisposition. Upon disposing of such remains in the manner prescribed\nabove, such person shall be discharged from any legal obligation or\nliability to the authorizing agent or any other person enumerated under\nparagraph (a) of subdivision two of section forty-two hundred one of\nthis title in relation to such remains.\n