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THE DETROITIMS11 NEWS

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NY Autopsy Law Co nsiders Views of Religious Groups

ALBANY, N.Y. (JTA) —
An unprecedented measure,
which will substantially
limit the power of medical
examiners throughout New
York state to perform au-
topsies over religious objec-
tions, an issue of vital con=
cern to observant Jews, was

signed into law, by Gov.
Mario Cuomo.
The measure's principal
sponsor, Assemblyman
Sheldon Silver, (D-Man.)
said, when the bill was
adopted earlier this year by
the legislature, that it is the
first and only law of its kind

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in the United States.
The new law provides
that, if there is conscien-
tious objection by next of
kin or "friend" of the dece-
dent, the medical examiner
may not perform an autopsy
unless there is "a compel-
ling public necessity," de-
fined as a situation in which
an autopsy is "essential to
the conduct of a criminal in-
vestigation of a homocide"
of which the dead person
may be a victim; or that
"discovery of the cause of
"' death is necessary to meet
an immediate and substan-
tial threat to the public
health; and that a dissection
or autopsy is essential to as-
certain the cause of death."

Silver said the new law
also provided that even a
permissable autopsy
cannot be performed
without notice to permit
"an objecting party to
Challenge the proprierty
of the particular dissec-
tion."

Silver said the law re-
quires that if a medical
examiner contends an au-
topsy is warranted by a
"compelling public neces-
sity" other than investiga-
tion of a possible homicide
or prevention of disease, a
court order must be ob-
tained "on notice of next of
kin or friend, or if none is
known to them, to such
party as the court may di-
rect."

Silver said this reverses
the prior process of those
opposing an autopsy having
to go to court to halt "clearly
objectionable autopsies" but
the new law also provides "
a mechanism for a court to
rule on extraordinary situa-
tions."
Asserting that "many
needless autopsies" are
done in New York state,
Silver said the new law,
while recognizing certain
necessities for valid post
mortems, "more ration-
ally defines those areas in
which a medical exam-
iner is entitled" to per-
form an autopsy.
Jewish religious law sets
severe limits for permitting
dissection of a body. Impro-
per dissection 'is considered
a defilement of the body and
a desecration of the good
name of the dead person.

Friday., Au gist-19, 1983 41

I am persuaded that
there is not a single senti-
ment, whether tending to
good or evil in the human

soul, that has not its distinct
interpreter in the glance of
the eye, and in the muscling
of the countenance.

Allen M. Weinberger, D.D.S.

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the opening of his office
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