Permits a close friend to make an anatomical gift of a decedent's body, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1395
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. PAULIN, SAYEGH, HEVESI, TAPIA, REYES, DINOWITZ --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to permitting a close
   friend to make an anatomical gift of a decedent's body
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (ix) and (x) of paragraph (a)  and  paragraph
 (b)  of subdivision 2 of section 4301 of the public health law, subpara-
 graph (ix) and (x) of paragraph (a) as  amended  and  paragraph  (b)  as
 added  by  section  1  of part B of chapter 742 of the laws of 2019, are
 amended to read as follows:
   (ix) a guardian of the person of the decedent at the time  of  his  or
 her death, [or]
   (x)  A  CLOSE FRIEND AS DEFINED IN SUBDIVISION FOUR OF SECTION TWENTY-
 NINE HUNDRED NINETY-FOUR-A OF THIS CHAPTER, OR
   (XI) any other person authorized or under the obligation to dispose of
 the body.
   (b) If there is more than one member of a class listed in subparagraph
 (iv), (vi), (vii), [or] (viii), OR (X) of paragraph (a) of this subdivi-
 sion entitled to make an anatomical gift, an anatomical gift may be made
 by a member of the class unless  that  member  or  person  knows  of  an
 objection  by another member of the class. If an objection is known, the
 gift may be made only by a majority of the members of the class who  are
 reasonably available.
   §  2.  Paragraph  (b)  of  subdivision 2 of section 4305 of the public
 health law, as amended by chapter 45 of the laws of 2020, is amended  to
 read as follows:
   (b)  If  more  than one member of a class listed in subparagraph (iv),
 (vi), (vii), [or] (viii), OR (X) of paragraph (a) of subdivision two  of
 section forty-three hundred one of this article is reasonably available,
 a  gift  made pursuant to subdivision two of section forty-three hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03875-01-5
 A. 1395                             2
 
 one of this article shall be amended or revoked only if  a  majority  of
 the reasonably available members agree.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the commissioner of health is authorized to take any  actions  necessary
 to implement the provisions of this act on or before its effective date.