§ 838. Identification of unknown dead and missing persons. 1. Every\ncounty medical examiner and coroner shall promptly furnish the division\nand the National Missing and Unidentified Persons System created by the\nOffice of Justice Program's National Institute of Justice, with copies\nof fingerprints on standardized eight inch by eight inch fingerprint\ncards or the equivalent digital image, personal descriptions and other\nidentifying data, including date and place of death, of all deceased\npersons whose deaths are in a classification requiring inquiry by the\nmedical examiner or coroner where the deceased is not identified or the\nmedical examiner or coroner is not satisfied with the decedent's\nidentification. The division shall promptly make available personal\ndescriptions and other identifying data, including date and place of\ndeath, of such deceased persons to all law enforcement agencies in the\nstate, and upon request, to law enforcement agencies outside of the\nstate.\n 2. In any case where it is not physically possible to furnish prints\nof the ten fingers of the deceased, prints or partial prints of any\nfingers with other identifying data shall be forwarded by the county\nmedical examiner or coroner to the division.\n 3. In addition to the foregoing provisions of this section, the county\nmedical examiner or coroner shall cause a dentist authorized to practice\npursuant to article one hundred thirty-three of the education law or a\ndental student in a registered school of dentistry in this state to\ncarry out a dental examination of the deceased. The medical examiner or\ncoroner shall forward the dental examination records to the division on\na form supplied by the division for that purpose.\n 4. The division shall compare the fingerprints received from the\ncounty medical examiners or coroners to fingerprints on file with the\ndivision for purposes of attempting to determine the identity of the\ndeceased. Other descriptive data supplied with the fingerprints shall\nalso be compared to records maintained by the division concerning\nmissing persons. The division shall submit the results of the\ncomparisons to the appropriate medical examiner or coroner and if a\ntentative or positive identification is made, to the law enforcement\nauthority which submitted the report of the missing person.\n 5. (a) (i) When any person makes a report of a missing person to a law\nenforcement authority, the authority shall request a member of the\nfamily or next of kin of the missing person to authorize the release to\nthe division of the dental records of the person reported missing. The\nrelease shall be on a form supplied by the division. If the person\nreported missing is still missing thirty days after the report is made,\nthe law enforcement authority shall deliver the release to the dentist\nor dentists of the missing person, and request the dentist or dentists\nto deliver such records, including dental x-rays, to the division within\nten days. The form of such request shall also include means by which the\nlaw enforcement authority shall be notified of the delivery of such\nrecords.\n (ii) When the person reported missing has not been found within thirty\ndays and no family or next of kin exists or can be located, the law\nenforcement authority may execute a written declaration, stating that an\nactive investigation seeking the location of the missing person is being\nconducted, and that the dental records are necessary for the exclusive\npurpose of furthering the investigation. Such written declaration,\nsigned by a peace officer, is sufficient authority for the dentist or\ndentists to release the missing person's dental records, including\ndental x-rays, to the division.\n (b) Upon receipt of a properly executed release and request or\ndeclaration, the dentist or dentists shall forward the dental records,\nincluding dental x-rays, to the division, where a file shall be\nmaintained concerning persons reported to it
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