Relates to the commercial display of human remains

Title of bill

An act to amend the public health law, in relation to the commercial display of human remains

Purpose

To require a permit issued by the Health Department if human remains are to be displayed for a commercial purpose such as a museum or art exhibit.

Summary of provisions

Section 1 sets forth the legislative findings, This bill is necessary to protect public health and ensure that when human remains are displayed for commercial purposes that the remains are lawfully obtained.

Section 2 adds a new article 43-C of the Public Health Law, relating to Commercial Display of Human Remains, which includes the following:

* Definition of terms.

* Prohibits the display of human remains for commercial purposes without first obtaining a permit from the Department of Health.

* Provides that the displays of human remains that meet any of the following criteria are exempt from the permit process: more than one hundred years old; consisting solely of teeth or hair; part of a funeral or memorial service: an object of religious veneration; in the possession of a museum facility; consisting of bodies for display prior to the effective date; display of human remains by an entity that has displayed such remains within three of the last ten years, whether or not such display was in operation at the time of the effective date.

* Imposes a civil penalty not exceeding five thousand dollars for each violation.

Section 3: This act shall be effective on the ninetieth day after it shall have become a law, with provisions.

Justification

Recently, an exhibit which displays plasticized bodies has been touring the country. The exhibit displays bodies that have been embalmed using a special process which permits the body to retain its shape and size. The bodies are displayed with the skin and some bones removed so that the human anatomy may be observed in different stages and different positions. Although the exhibit is considered educational and interesting entertainment by many, a question has arose about the origin of these bodies. While Article 43 of the Public Health Law regulates anatomical gifts, this law did not anticipate the display of human remains for commercial purposes. Therefore, this bill is necessary to ensure that the public health is protected and that the commercial display of human remains does not create new incentives for the theft of improper procurement of such remains. This bill requires that anyone wishing to exhibit human remains for commercial purposes in New York State apply for a permit through the Department of Health which would require the applicant to show a valid authorization for possession and display of each body. This law would ensure that each body displayed for commercial purposes is legally obtained. Also, the bill would insure that regulations involving anatomical gifts have been followed. LEGISLATIVE HISTORY :

2013-14: S827 - Referred to Health

2011-12: S.7636/A.6185A - Passed the Senate; Died in Rules

2008: S.7000A - Passed Senate

Fiscal impact on the state

Not yet determined.

Effective date

This act shall take effect on the ninetieth day after it shall become law; provided, however, that effective immediately the commissioner of the department of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date, on or before such date.