New York Public Health Law Section 4212 - Cadavers; unclaimed; delivery to schools; procedure.

4212. Cadavers; unclaimed; delivery to schools; procedure. 1. (a) A university, college, school or institute desiring to avail itself of the provisions of section forty-two hundred eleven of this title, shall notify the person having lawful possession, charge, custody or control of the body of the deceased person in the county where such university, college, school or institute is situated and in any other county in the state in which no medical college, school, institute or university is situated, of such desire. Thereafter, the person having possession, charge, custody or control of the body of the deceased person shall notify the proper officer of the university, college, school or institute whenever there is any such dead body in his or her possession, charge, custody or control which may be delivered or released to and received by such university, college, school or institute, and he or she shall deliver or release same to such university, college, school or institute.

(b) Except as provided in section forty-two hundred ten of this title, no autopsy or dissection shall be performed on any such unclaimed dead body by any such person having possession, charge, custody or control of such body prior to the expiration of the fourth day after such notification or where such notification is made by mail prior to the expiration of the eighth day after such notification is postmarked.

2. It shall be the duty of the person having lawful possession, charge, custody or control of bodies of deceased persons, to keep a record in a bound book or an electronic log of any and all bodies of deceased persons thereafter coming into his or her possession, charge, custody or control and of the disposition made of said bodies, showing (a) the name of the deceased person, if known, (b) the dates of death and burial or other lawful disposition, if known, (c) the names and places of residence of relatives of the deceased person, if known, (d) the name of the person who claimed the body of the deceased person for interment or other lawful disposition, (e) the name of the university, college, school or institute to whom the body of the deceased person was delivered or released, and (f) the opposition of the deceased to the dissection or autopsy of his or her body as indicated by an identification card carried upon his or her person. This record book or electronic log shall be open to the inspection of the officers and agents of universities, colleges, schools or institutes entitled to receive bodies of deceased persons. Any electronic log kept pursuant to this subdivision shall preserve a record of any addition, deletion or change made in such log.

3. If two or more universities, colleges, schools or institutes are entitled to receive bodies of deceased persons under the provisions of this article and shall be given notice as herein provided, they shall receive the same in proportion to the number of matriculated students in each university, college, school or institute who are pursuing courses of study in anatomy and surgery at the time of making the apportionment.


Last modified: February 3, 2019