§ 205.19 Removal of Human Remains from Place of Death or Termination of Pregnancy.
RCNY § 205.19
(a)(1) Except as specified in this section, no person shall remove human remains from the place of death or termination of pregnancy unless a certificate of death or termination of pregnancy and a confidential medical report, if any, have been filed electronically with the Department by the person required to report a death or termination of pregnancy pursuant to subdivision (a) of 24 RCNY Health Code § 205.03 or subdivision (a) of 24 RCNY Health Code § 203.03, or unless such documents have been delivered to a funeral director, undertaker or to the person in charge of the City mortuary pursuant to 24 RCNY Health Code § 205.03 or 24 RCNY Health Code § 203.03, or unless a burial, cremation, interim or transportation permit has been issued pursuant to 24 RCNY Health Code § 205.21. Prior authorization of the Department shall not be required to remove human remains to a county in the State contiguous to the City. However, an appropriate permit shall be obtained prior to burial or cremation of human remains, temporary holding of remains pursuant to subdivision (b) of 24 RCNY Health Code § 205.13, or transportation to any other area, as required pursuant to this Article. When a death or termination of pregnancy occurs under circumstances which do not require notification to the Office of Chief Medical Examiner, the remains may be removed from the place of death, termination of pregnancy or autopsy to another place within the City or to a county within the State contiguous to the City by a licensed funeral director or undertaker if such person has in his or her possession a certificate of death or termination of pregnancy including any confidential medical report, or if such certificate and confidential medical report, if any, have been filed electronically with the Department by the person required to report the death or termination of pregnancy pursuant to subdivision (a) of 24 RCNY Health Code § 205.03 or subdivision (a) of 24 RCNY Health Code § 203.03. If, however, the death or termination of pregnancy is required to be reported to the Department by the Office of Chief Medical Examiner pursuant to 24 RCNY Health Code § 205.03(a)(3) or 24 RCNY Health Code § 203.03(a)(4), the remains may be removed from the place of death, termination of pregnancy or autopsy by the funeral director or undertaker if either he or she has received a completed death or termination of pregnancy certificate from the medical examiner who had taken charge of the remains, or if a death or termination of pregnancy certificate has been electronically filed by the Office of Chief Medical Examiner.
(b)When a death occurs in a hospital, under circumstances which do not require notification to the Office of Chief Medical Examiner, the person in charge of the hospital may remove the remains to another hospital for purposes of autopsy, but such remains shall not be removed from the hospital in which the autopsy is performed unless the applicable provisions of subdivision (a) of this section have been complied with.
(c)When a death occurs under circumstances which do not require notification to the Office of Chief Medical Examiner and while the deceased was under the continued medical supervision of a staff physician of a voluntary or municipal hospital as part of the general care offered by such hospital to a patient who has been transferred from the hospital to his or her home, the person in charge of such hospital may remove the remains to the hospital for purposes of autopsy, but such remains shall not be removed from the hospital unless the applicable provisions of subdivision (a) of this section have been complied with.
(d)This section shall not prevent the transportation of human tissues for diagnostic purposes or pathological study, the removal of human remains by the person in charge of the City mortuary for burial in the City cemetery or the removal of human remains when ordered by an officer of the City police department or the Office of Chief Medical Examiner pending completion of an investigation by either agency or by both.
