Section 4144. Deaths; burial and removal permits; transportation of remains  


Latest version.
  • 1.  The  body  of  any person whose death occurs in this state, or which
      shall be found dead herein shall not be interred, deposited in  a  vault
      or  tomb,  cremated or otherwise disposed of, or removed from the county
      in which the death occurred or the body was  found,  or  be  temporarily
      held  pending  further  disposition  more  than  seventy-two hours after
      death, unless a permit for burial, removal, or other disposition thereof
      shall have been properly issued by the registrar of vital statistics  of
      the  registration  district  in which the death occurred or the body was
      found, except that such a body may be  removed  to  an  adjacent  county
      without  first  obtaining  a  permit therefor; provided, however, that a
      licensed funeral director may apply  for  and  receive  such  permit  on
      behalf  of  any person or institution authorized by article forty-two or
      forty-three of this chapter to receive unclaimed cadavers or  anatomical
      gifts.
        2.  (a) Except as provided in paragraphs (b) and (c) hereof, no burial
      or removal permit shall be  issued  by  any  registrar  until,  wherever
      practicable,  a  complete and satisfactory certificate of death has been
      filed with him as provided in this article.
        (b) Verbal permission to remove a body of a deceased person  from  the
      county  in  which death occurred or the body was found to a non-adjacent
      county within the state of New  York  as  provided  in  subdivision  one
      hereof,  shall be issued by the said registrar of vital statistics, upon
      request by telephone of a licensed funeral director  or  undertaker  who
      holds  a  certificate of death signed by the attending physician showing
      the death resulted  from  natural  causes,  and  was  not  a  result  of
      accidental, suicidal, homicidal or other external causes.
        (c)  If  it  is not possible for the funeral director or undertaker to
      communicate with the registrar by telephone, verbal permission to remove
      a body  of  a  deceased  person  under  the  same  conditions  as  those
      prescribed for the registrar may be issued by the commissioner or person
      authorized by him.
        (d)  The  funeral  director  or  undertaker who shall make any removal
      before a permit is issued by the registrar, shall return the body to the
      registration  district  where  death  occurred,  whenever  the  coroner,
      medical  examiner, or district attorney shall request such return of the
      body for investigation or post-mortem examination.
        3. No registrar of vital statistics shall  receive  any  fee  for  the
      issuance  of burial or removal permits under this chapter other than the
      compensation provided in this article.
        4. When the body of a deceased person is transported from  outside  of
      the state into a registration district in this state for burial or other
      disposition, the transit or removal permit issued in accordance with the
      law  and  health regulations of the place where the death occurred shall
      be given the same force and effect as the burial permit herein  provided
      for.
        5.  If  the  interment, or other disposition of the body of a deceased
      person is to be made within the state, the  wording  of  the  burial  or
      removal  permit may be limited to a statement by the registrar, and over
      his signature, that a satisfactory certificate  of  death,  having  been
      filed  with  him,  as  required  by law, permission is granted to inter,
      remove or otherwise dispose of the body, stating  the  name,  age,  sex,
      cause  of death, and other necessary details upon the form prescribed by
      the commissioner.
        6. Notwithstanding any other provision of law, the commissioner  shall
      have  power  to promulgate rules with reference to the removal of bodies
      of persons whose deaths occur on trains, boats or other carriers engaged
    
      in the transportation of persons within this state, and  with  reference
      to the removal of bodies as provided herein.
        7.  For the purposes of this section the counties within New York city
      shall be considered a single county.