Deaths and Disposals of Human Remains

RCNY tit. 24, ch. New York City Health Code, tit. V, art. 205

in effect

24 RCNY § 205.01 Definitions.

§ 205.01 Definitions. When used in this title: (a) "Burial" means interment of human remains in the ground or in a tomb, vault, crypt, cell or mausoleum, and includes any other usual means of final disposal of human remains other than cremation. (b) "Cremation" means the burning of human remains in a crematory. (c) "Human remains" or "remains" means all or any part of the dead body of a human being but does not include human ashes recovered after cremation. For purposes of this Article a conceptus of any gestational age for which the issuance of a disposition permit pursuant to 24 RCNY Health Code § 205.21 has been requested shall be treated as human remains. (d) "Hospice" means a program issued a certificate of approval pursuant to Article 40 of the Public Health Law and defined as such in § 4002 of said law. (e) "Person in control of disposition" means, in accordance with all of the provisions of § 4201 of the Public Health Law, the following persons who are eighteen years of age or older in descending order of priority: (1) the person designated in a written instrument executed pursuant to the provisions of § 4201 of the Public Health Law; (2) the decedent's surviving spouse; (2-a) the decedent's surviving domestic partner; (3) any of the decedent's surviving children; (4) either of the decedent's surviving parents; (5) any of the decedent's surviving siblings; (6) a guardian appointed pursuant to article seventeen or seventeen-a of the Surrogate's Court Procedure Act or article eighty-one of the Mental Hygiene Law; (7) any person who would be entitled to share in the estate of the decedent as specified in § 4-1.1 of the Estates, Powers and Trusts Law, with the person in closest relationship having the highest priority; (8) a duly appointed fiduciary of the estate of the decedent; (9) a close friend or relative who is reasonably familiar with the decedent's wishes, including the decedent's religious or moral beliefs, when no person higher on this list is reasonably available, willing, or competent to act, provided that such person has executed a written statement pursuant to subdivision seven of § 4201 of the Public Health Law; or (10) a chief fiscal officer of a county or a public administrator appointed pursuant to article twelve or thirteen of the surrogate's court procedure act, or any other person acting on behalf of the decedent, provided that such person has executed a written statement pursuant to subdivision seven of § 4201 of the Public Health Law. (Amended City Record 10/8/2024, eff. 11/7/2024)

24 RCNY § 205.03 Reporting Deaths.

§ 205.03 Reporting Deaths. (a) When a death occurs in the City, it shall be reported to the Department as follows: (1) If the death is from natural causes and occurs in a hospital, or en route thereto, or while under the care of a hospice, by the person in charge of the hospital or hospice, or his or her designee; or, (2) If the death is from natural causes and occurs elsewhere than in a hospital, or en route thereto, or while not under the care of a hospice, by the licensed physician in attendance or by such physician's duly authorized medical associate, provided such associate reviews the medical records of the decedent and certifies that he or she has found no evidence of suspicious or unusual circumstances; or, (3) If the death is investigated by the Office of Chief Medical Examiner pursuant to Title 17, Chapter 2 of the Administrative Code, and jurisdiction over the remains is assumed by that office, by a medical examiner within the Office of Chief Medical Examiner. (b) The person required to report a death pursuant to paragraphs (1) or (2) of subdivision (a) of this section shall file a certificate of death and a confidential medical report, and the Office of Chief Medical Examiner, when required to report pursuant to paragraph (3) of subdivision (a) of this section, shall file a certificate of death only. Reports shall be filed within 24 hours after the death or the finding of the remains with any office maintained and designated by the Department for such purposes. (c) In circumstances where the person required to report a death pursuant to subdivision (a) of this section does not file a report thereof electronically, the requirement of filing the certificate of death and the confidential medical report, if any, may be fulfilled by delivering the same immediately upon demand and within the time prescribed by subdivision (b) of this section, to a funeral director or undertaker authorized to take charge of the remains, or to the person in charge of the City mortuary if the remains are to be buried in the City cemetery. Such funeral director, undertaker or person in charge of the City mortuary, or an agent of such funeral director or undertaker registered with the department pursuant to this Article or a designee of the person in charge of the mortuary, shall file the certificate and confidential medical report with the Department within 72 hours following death or the finding of the remains. Funeral directors, undertakers, the person in charge of the City mortuary, and their agents or designees, shall not divulge information contained in the confidential medical report of death except to authorized personnel of the Department. (d) All hospitals, skilled nursing facilities and hospices that report 10 or more deaths to the Department per year, and the Office of Chief Medical Examiner, shall electronically prepare any death certificates and confidential medical reports, and shall, within 24 hours after the death or finding of the remains, file such documents electronically with the Department by means of computer programs specified and provided or otherwise authorized for use by the Department. In circumstances where a person required to report a death pursuant subdivision (a) of this section files a report thereof electronically with the Department, and an authorized funeral director or undertaker has taken charge of the remains, such funeral director or undertaker shall, within 72 hours after the death or the finding of the remains, file such document with the Department electronically by means of computer programs specified and provided or otherwise authorized for use by the Department. If the remains are to be buried in the City cemetery, the person required to report a death pursuant to subdivision (a) of this section shall complete the process of electronically filing the entire certificate of death and confidential medical report, if any, within 72 hours after the death or finding of the remains. All persons required or authorized to report a death or to file a death certificate with the Department that are not required to report or file electronically pursuant to this subdivision may, at their election and upon approval by the Department, implement an electronic reporting system. Such election will be irrevocable upon commencement of electronic filing by such facilities. (e) All facilities, organizations or individuals required or electing to report electronically pursuant to subdivision (d) of this section shall apply to the Department prior to implementing any system and, upon approval by the Department, shall make electronic reports only in such manner and on computer programs prescribed and provided or otherwise authorized by the Department. All individuals utilizing the Department's electronic reporting system to prepare, certify, enter information onto or file death certificates or confidential medical reports, pursuant to 24 RCNY Health Code § 205.05, shall be trained or approved by the Department in the proper use of the system and completion of the electronic reporting forms. Written paper reports may be submitted for a limited period of time only in the case of extenuating circumstances, temporary equipment failure, or prolonged inability to access the electronic reporting system, and only with the specific approval of the Department. In addition, the Department may on its own initiative allow written, paper reports to be submitted if electronic reporting is not possible in a particular circumstance. The Department may, in addition, require summary, cumulative or periodic reports on such reporting schedule as it may deem necessary. (f) The person required to report a death or to file a death certificate shall provide to the Department any information that was required to be reported, but that was not so reported, within five business days of that person receiving the information. (g) Within five business days of receipt of any autopsy results or other information that would change the information in the cause of death section of the certificate or the confidential medical report, the person required to report the death shall file a supplemental report of the cause of death to amend the certificate or confidential medical report, if any. Said supplemental report shall be certified by a person specified in paragraph (2) of subdivision (a) of 24 RCNY Health Code § 205.05. (h) Upon a request by the Department for additional information that may be necessary to complete, clarify or verify the information required to be reported, the person required to report a death or to file a death certificate shall provide such information to the Department within five business days of the request.

24 RCNY § 205.05 Preparation and Certification of Certificate of Death and Confidential Medical Report of Death.

§ 205.05 Preparation and Certification of Certificate of Death and Confidential Medical Report of Death. (a) (1) Preparation. Except with regard to personal particulars as specified in subdivision (b) of this section, the certificate of death and confidential medical report, if any, shall be prepared by the person required to report the same pursuant to subdivision (a) of 24 RCNY Health Code § 205.03, but when a death occurs in a hospital or en route thereto, or while under the care of a hospice, the certificate and confidential medical report shall be prepared by the physician in attendance or assisting, by the chief medical officer of the hospital or hospice, by the physician in charge of the service on which the death occurs, or by a designee of the person in charge of the hospital or hospice who is trained or approved by the Department. (2) Certification. A certificate of death and the confidential medical report, if any, shall be certified by a physician in attendance or such physician's duly authorized medical associate, by the chief medical officer of the hospital or hospice reporting the death, or by the physician in charge of the service on which the death occurred. When a death certificate is filed by the Office of Chief Medical Examiner, the certificate shall be certified by a medical examiner within that office. A person certifying a certificate and confidential medical report, if any, shall examine said documents for correctness of the information contained thereon and make necessary changes. (b) The certificate of death and confidential medical report, if any, shall, except when such are filed electronically pursuant to 24 RCNY Health Code § 205.03(d), be prepared on forms prescribed by the Board and furnished by the Department. Computer programs specified and provided or otherwise authorized for use by the Department for electronic filing shall reflect the forms prescribed by the Board except to the extent that differences may be necessary or warranted in order to accommodate electronic formatting. The person preparing the certificate and confidential medical report, if any, pursuant to paragraph (1) of subdivision (a) of this section, shall enter the name of the deceased and all other information required by the form, but the information concerning the deceased characterized as "personal particulars" shall be entered by the funeral director or undertaker authorized to take charge of the remains except when the remains are to be buried in the City cemetery, in which case such personal particulars shall be entered by the person preparing the certificate pursuant to paragraph (1) of subdivision (a) of this section. The confidential medical report shall contain a statement of the cause of death which shall represent the physician's best opinion on the basis of all the evidence available to him or her. When the death is reported by a hospital or hospice, the information required by the forms shall be taken from the hospital or hospice records of the case. If, in a hospital or a hospice, worksheets are used in the preparation of certificates of death and confidential medical reports, they shall be provided or approved by the Department, and individuals using such worksheets shall be trained or approved by the Department. Worksheets shall be retained by the hospital or hospice for a period of three years from the date of the event, and shall, upon request, be made available to the Department for inspection.

24 RCNY § 205.06 Certifications of Death. [Repealed]

24 RCNY § 205.07 Confidential Medical Report of Death; Not Subject to Compelled Disclosure or Inspection.

§ 205.07 Confidential Medical Report of Death; Not Subject to Compelled Disclosure or Inspection. (a) The confidential medical report of death shall be confidential and not subject to compelled disclosure or to inspection by persons other than the Commissioner or authorized personnel of the Department, except in a criminal action or criminal proceeding, or for official purposes by a Federal, State, county or municipal agency charged by law with the duty of detecting or prosecuting crime, or by researchers authorized and approved by the National Death Index of the National Center for Health Statistics of the federal Centers for Disease Control and Prevention, or successor agency. The Commissioner or the Commissioner's designee may, however, approve the inspection of such confidential medical reports for scientific purposes and by the spouse, domestic partner, parent, child, sibling, grandparent or grandchild of the deceased or by the individual identified on the death certificate filed with the Department as the person in control of disposition. (b) Within the context of this section, scientific purposes shall mean epidemiologic surveillance and investigation by a governmental public health agency, research, and/or the compilation of statistics relating factors bearing on disease incidence, prevalence, mortality or treatment. (c) Notwithstanding subsection (a), upon application of an individual licensed to practice medicine, the Commissioner or the Commissioner's designee may release a certified copy of the confidential medical report of death, or, in his or her sole discretion, provide abstracts of such information, when, and to the extent that: (1) a need for the family medical history has been demonstrated, to the satisfaction of the Commissioner or the Commissioner's designee, in order to counsel or to diagnose and/or treat an illness or condition in an individual; and (2) the information contained in the confidential medical report of death has been demonstrated, to the satisfaction of the Commissioner or the Commissioner's designee, to be otherwise unavailable. (d) The information released pursuant to subsection (c) may be issued only to the licensed practitioner making the request. (Amended City Record 3/25/2016, eff. 4/24/2016)

24 RCNY § 205.09 Certifications of Death.

§ 205.09 Certifications of Death. (a) A party entitled to obtain a transcript of a record of death, or a certified copy of a certificate of death, may request a certification of death, and the Department may, at its discretion, thereupon issue such a certificate. (b) A certification of death shall contain only the name, sex, date of death, date that the certificate was accepted for filing by the Department, manner of death and the place of death of the person to whom it relates, as well as the death record number from which said information is derived.

24 RCNY § 205.11 Performance and Reports of Autopsies.

§ 205.11 Performance and Reports of Autopsies. When, in the opinion of the Commissioner, the prevention of spread of disease or other public health consideration requires that an autopsy be performed, he or she may request the Office of Chief Medical Examiner of the City or arrange for a pathologist to perform the same and to file an autopsy report with and in the manner specified by the Department.

24 RCNY § 205.13 Disposal of Human Remains; Time Limit.

§ 205.13 Disposal of Human Remains; Time Limit. (a) Except as set forth in subdivision (b) of this section, remains of persons dying in the City, or remains resulting from a termination of pregnancy occurring in the City for which the issuance of a disposition permit pursuant to 24 RCNY Health Code § 205.21 has been requested, shall be buried, cremated or transported out of the City within four days following death or termination of pregnancy. Such remains may, however, within the four-day period, be placed in the general reception vault of a cemetery for a period not exceeding ten days from the placement therein. The Department may extend the time limitations contained in this subdivision and may, in granting an extension, specify conditions to be observed to prevent seepage or escape of offensive odors. (b) Human remains may be temporarily held for more than the time periods specified in subdivision (a) of this section without being buried, cremated or transported out of the City only if an appropriate interim disposition permit has been issued pursuant to 24 RCNY Health Code § 205.21. (Amended City Record 10/8/2024, eff. 11/7/2024)

24 RCNY § 205.15 Delivery of Remains to Funeral Director or Undertaker; Unclaimed Remains.

§ 205.15 Delivery of Remains to Funeral Director or Undertaker; Unclaimed Remains. When a death or termination of pregnancy for which the issuance of a disposition permit pursuant to 24 RCNY Health Code § 205.21 has been requested occurs in a hospital, hospice or other health care facility, the person in charge shall deliver the remains immediately upon demand and within the time for filing reports prescribed in 24 RCNY Health Code §§ 203.03(c) and 205.03(b) to a funeral director or undertaker who presents a certification that he or she has been authorized to take charge of the remains by the person in control of disposition as defined in 24 RCNY Health Code § 205.01. If the human remains are not claimed within 24 hours following death or termination of pregnancy, the person in charge of the hospital, hospice or other health care facility shall immediately notify the person in charge of the City mortuary. If, however, an autopsy is to be performed on unclaimed remains pursuant to § 4214(1) of the Public Health Law, the person in charge of the hospital, hospice or other health care facility shall notify the person in charge of the City mortuary within 48 hours of death and prior to the autopsy. Under such circumstances the filing of the certificate of death and confidential medical report may be postponed until 72 hours after death. The requirement of filing may be fulfilled by delivery of the certificate and confidential medical report to the person in charge of the City mortuary when the remains are removed from the hospital or other health care facility. (Amended City Record 10/8/2024, eff. 11/7/2024)

24 RCNY § 205.17 Claiming of Human Remains Removed to the City Mortuary.

§ 205.17 Claiming of Human Remains Removed to the City Mortuary. When human remains which have been removed to the City mortuary are subsequently claimed, the person in charge of the City mortuary shall deliver the remains, on demand, to a funeral director or undertaker who submits a written statement that he or she, or the funeral establishment with which he or she is associated, has been employed by the person in control of disposition. Together with the remains, the person in charge of the City mortuary shall deliver the certificate of death or termination of pregnancy and confidential medical report, if any, or, if such documents have been filed with the Department, any permit issued by the Department authorizing burial in the City cemetery. When the funeral director or undertaker is required to notify the public administrator of a county in the City pursuant to § 1113 of the Surrogate's Court Procedure Act, the statement of such funeral director's or undertaker's employment shall first be approved by the public administrator.

24 RCNY § 205.19 Removal of Human Remains from Place of Death or Termination of Pregnancy.

§ 205.19 Removal of Human Remains from Place of Death or Termination of Pregnancy. (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. (a) 2) Notwithstanding the requirements of paragraph (1) of this subdivision, in the case of a death from natural causes occurring elsewhere than in a hospital or hospice, such remains may be removed only to a funeral establishment within the City or within a county of the State contiguous to the City if the funeral director, undertaker or person in charge of the mortuary has obtained authorization from the Office of Chief Medical Examiner to remove the remains, or has obtained authorization to remove the remains and assurance from the physician attending the death, or from his or her duly authorized medical associate pursuant to paragraph (2) of subdivision (a) of 24 RCNY Health Code § 205.03, that the death is from natural causes and that said physician or medical associate assumes responsibility for certifying to the cause of death. (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.

24 RCNY § 205.21 Burial, Cremation, Holding and Transportation of Human Remains; Disposition Permit.

§ 205.21 Burial, Cremation, Holding and Transportation of Human Remains; Disposition Permit. (a) When a death or termination of pregnancy occurs in the City, the human remains shall not be buried, cremated, temporarily held as an interim disposition pursuant to 24 RCNY Health Code § 205.13(b) or transported out of the City unless an appropriate disposition permit has been issued by the Department. However, remains may be transported out of the city to a contiguous county in the State without obtaining prior authorization to transport from the Department. In such cases, an appropriate disposition permit must still be issued by the Department prior to burial, cremation, interim disposition or transportation to any other area. Such burial, cremation, interim disposition or transportation permit shall not be issued until a certificate of death or termination of pregnancy and, if required, a confidential medical report have been filed with the Department. A permit to bury, temporarily hold or cremate human remains or to transport them out of the City includes authorization to remove the remains from the place of death or termination of pregnancy pursuant to 24 RCNY Health Code § 205.19(a). If remains are to be transported out of the City by common carrier, they shall be prepared in such manner as to comply with the State Sanitary Code. (b) (1) No person in charge of a cemetery or crematory in the City shall allow human remains to be buried or cremated in the cemetery or crematory until a permit issued pursuant to subsection (a) of this section is surrendered to him or her, and he or she shall not accept any permit which has been changed or altered unless the change or alteration is countersigned by the Department. A permit for the burial or cremation of human remains issued by the authorized agency of any municipality or county within the United States, of any state, territory or possession of the United States, the District of Columbia, or of any foreign State within whose jurisdiction the death or termination of pregnancy occurred, which specifies the cemetery or crematory, may be accepted by the person in charge of the cemetery or crematory instead of a permit issued by the Department. If a permit issued in another jurisdiction does not specify the cemetery or crematory, or if the cemetery or crematory specified is not the actual place of intended burial or cremation, it shall not be accepted by the person in charge of a cemetery or crematory but shall be exchanged for a permit issued by the Department. (2) The person in charge of a cemetery or crematory shall maintain a permanent record of each burial or cremation which shall include the permit number and permit issuing authority of all permits received pursuant to this subdivision and after making such permanent record, he or she may completely destroy such permits by incineration or other equally effective means. (3) The person to whom an interim disposition permit has been issued in accordance with 24 RCNY Health Code § 205.13(b) shall maintain a permanent record of each of the human remains being temporarily held which shall include the permit number and shall maintain the original interim disposition permit until such time it is surrendered to the Department in exchange for a final burial, cremation or transportation permit. (c) A burial permit issued pursuant to this section includes authorization to place the remains in the general reception vault of the cemetery named in the permit prior to permanent burial in such cemetery. (d) Application for a cremation permit shall be made by the person in control of disposition. The application shall be supported by an affidavit which establishes the authority of such person in control of disposition to request cremation. The affidavit shall contain the name of the funeral director or undertaker who is to arrange for cremation, the name of the crematory where cremation is to take place and a statement that the applicant assumes all responsibility for the cremation. Such affidavit shall be maintained by the funeral director or undertaker. No cremation permit shall be issued unless the application is approved by the office of the chief medical examiner pursuant to § 17-204 of the Administrative Code. (Amended City Record 10/8/2024, eff. 11/7/2024)

24 RCNY § 205.23 Transportation of Human Remains into City.

§ 205.23 Transportation of Human Remains into City. Human remains shall not be brought into the City unless a permit for their transportation, burial or cremation has been issued by the authorized agency of a municipality or county within the United States, of a state, territory or possession of the United States, the District of Columbia or of any foreign state within whose jurisdiction death or termination of pregnancy occurred. When the jurisdiction in which the event occurred does not issue such permits, the Department may accept certified copies of certificates of death or termination of pregnancy in lieu of such permits. Remains brought into the City for burial or cremation shall be dealt with pursuant to 24 RCNY Health Code § 205.13 and 24 RCNY Health Code § 205.21. Remains brought into the City in the course of transit shall not be detained for any purpose other than transshipment unless a permit is first obtained from the Department specifying where, how long and under what conditions such remains may be held, but no such permit shall be required for the uninterrupted transit or for the direct transshipment of remains. This section does not apply to the transportation of human tissues to be used for diagnostic purposes or pathological study.

24 RCNY § 205.25 Cemeteries, Crematories, Mausoleums, Vaults and Tombs.

§ 205.25 Cemeteries, Crematories, Mausoleums, Vaults and Tombs. (a) When human remains are buried in the ground, the top of the coffin or casket shall be at least three feet below the level of the ground, but if the coffin or casket is enclosed in a concrete or metal vault, the top of the vault shall be at least two feet below the level of the ground. (b) General vaults in cemeteries used for the permanent burial of human remains shall be provided with crypts or cells which can be sealed, and every crypt or cell shall be sealed immediately after remains are placed in it unless the remains are enclosed in a hermetically-sealed metal or stone coffin or casket. (c) General reception vaults in cemeteries shall be maintained in good sanitary condition.

24 RCNY § 205.27 Disinterment Permits; Opening of Coffins or Caskets.

§ 205.27 Disinterment Permits; Opening of Coffins or Caskets. (a) No person shall disinter a coffin or casket containing human remains or expose or disturb a mausoleum, vault, tomb, grave or other place of burial unless a disinterment permit has been issued by the Department, but this requirement does not apply during the course of a burial for which a burial permit has been obtained pursuant to 24 RCNY Health Code § 205.21. No disinterment permit is required when the disinterment is ordered by the Office of Chief Medical Examiner or the district attorney of a county within the City in the exercise of official duties. A disinterred coffin or casket containing human remains shall be prepared so as to comply with the State Sanitary Code. (b) Disinterment permits may be issued only to funeral directors and undertakers of, if the remains are to be reburied in the same cemetery, to the person in charge of the cemetery. Application for a disinterment permit shall be made on a form furnished by the Department and submitted at any office maintained and designated by the Department for such purposes. The application shall be supported by an affidavit from the person in control of disposition or other authorized person requesting disinterment. Such affidavit shall be maintained by the funeral director or undertaker. (c) No person, other than the chief medical examiner or the chief medical examiner's duly authorized representative, shall open a coffin or casket which has been disinterred unless the opening is ordered by a court of competent jurisdiction.

24 RCNY § 205.29 Registration of Funeral Directors and Undertakers, and Their Agents.

§ 205.29 Registration of Funeral Directors and Undertakers, and Their Agents. (a) No permit or authorization pursuant to this article shall be issued or granted to a funeral director or undertaker who has not registered with the Department pursuant to subdivision (b) of this section. No certificate of death or confidential medical report shall be filed with the Department on behalf of a funeral director or undertaker except by an agent of such funeral director or undertaker who has registered with the Department pursuant to subdivision (c) of this section. (b) A funeral director or undertaker who has a State certificate of registration pursuant to § 3428 of the Public Health Law may register with the Department upon presentation of his or her State registration certificate and a government-issued picture identification of said funeral director or undertaker. The registration shall contain the registrant's name and address and the name and address of funeral establishments with which such registrant is associated, if any, and such registrant shall present evidence of such associations. The registrant shall subsequently register any change of name or address or association. (c) An agent of a funeral director or undertaker may register with the Department upon presentation of (1) a letter of authorization in a form specified by the Department from the funeral director or undertaker who is the principal of the agent, and (2) a government-issued picture identification of the agent.

24 RCNY § 205.31 Authority of Funeral Director or Undertaker.

§ 205.31 Authority of Funeral Director or Undertaker. (a) No funeral director or undertaker shall apply for any permit required pursuant to this article unless he or she, or the funeral establishment with which he or she is associated, has been employed by the person in control of disposition. When applying for such permit, the funeral director or undertaker shall sign a statement on the certificate of death or fetal death which shall contain: (1) His or her name and State license number; (2) The name, business address and State business registration number of the funeral establishment with which he or she is associated; (3) The name and the relationship to the decedent of the person who has employed the funeral establishment with which he or she is associated. (b) When a funeral director or undertaker is required to notify the public administrator of a county in the City pursuant to § 1113 of the Surrogate's Court Procedure Act, the employment of the funeral director or undertaker shall first be approved by such public administrator before a burial, cremation or transportation permit may be issued.

24 RCNY § 205.33 Authority of Department to Withhold Registration, Permits and Filing of Certificates.

§ 205.33 Authority of Department to Withhold Registration, Permits and Filing of Certificates. In addition to the forfeitures and penalties set forth in 24 RCNY Health Code Articles 3 and 5, when serious, repeated or persistent violations of any of the provisions of this Code are found, the Department may deny, suspend or revoke any registration and refuse to issue burial permits or other authorizations issued pursuant to this Article, or refuse to accept for filing certificates of death or confidential medical reports. Any funeral director, undertaker or funeral establishment, or registered agent of such director, undertaker or establishment, whose City registration is denied, suspended or revoked shall thereafter be provided with an opportunity to be heard pursuant to the rules of the Department.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-147941Fetched: 10/24/2026