Bill Text: NY S04367 | 2017-2018 | General Assembly | Amended
Bill Title: Amends requirements for licensure to practice funeral directing to include national assessment standards and permits practice by persons with valid work permits.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-12 - PRINT NUMBER 4367A [S04367 Detail]
Download: New_York-2017-S04367-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4367--A 2017-2018 Regular Sessions IN SENATE February 10, 2017 ___________ Introduced by Sens. GOLDEN, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recom- mitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the practice of funeral directing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 4 of section 3421 of the public health 2 law, as amended by chapter 534 of the laws of 1983, paragraph (b) of 3 subdivision 4 as amended by chapter 529 of the laws of 2000, are amended 4 to read as follows: 5 1. In order to be licensed, an applicant for licensure shall pass a 6 funeral directing examination prepared or approved by the department to 7 determine his knowledge and fitness therefor, as required by this arti- 8 cle, provided that the exam meets the same qualification standards as 9 either the national board exam given by the international conference of 10 funeral service examining boards or an exam recognized or accepted by 11 the American board of funeral service education for the assessment of 12 content knowledge needed to engage in the practice of funeral directing, 13 undertaking or embalming. No person shall be permitted to enter funeral 14 director school, apply for a funeral directing examination or apply for 15 a funeral directing license without submitting to the department satis- 16 factory evidence of good moral character. 17 4. The department shall issue a license to practice funeral directing 18 to an applicant for such license on the basis of the following proce- 19 dures: 20 (a) who shall have successfully passed the examination as herein 21 provided in subdivision one of this section, and 22 (b) who pays a fee of one hundred twenty-five dollars, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06474-03-8S. 4367--A 2 1 (c) who, after having passed such examination, serves a one year peri- 2 od as a registered resident in a manner satisfactory to the department 3 or, in lieu of serving a residency holds a valid license or certif- 4 ication to practice as a funeral director or embalmer in another state 5 or possession of the United States or the District of Columbia, provided 6 that the applicant has met education and experience requirements 7 substantially equivalent to the requirements set forth in this section 8 and can provide documentation verifying that he or she has been actively 9 engaged in the practice of mortuary science for at least the previous 10 three years, and 11 (d) who[,] has passed [a second] an examination after or during the 12 serving of a one year period as a registered resident, or in lieu of 13 serving a one year period as a registered resident, has provided satis- 14 factory evidence that he or she has met the education, experience and 15 previous work requirements prescribed by this section. The said exam- 16 ination shall be on the New York state laws, rules and regulations 17 relating to funeral directing and shall be prepared or approved by the 18 department of health. 19 § 2. Subdivision 5 of section 3425 of the public health law, as added 20 by chapter 534 of the laws of 1983, is amended to read as follows: 21 5. The commissioner may, in lieu of the foregoing approval procedures, 22 accept the certification of accreditation of an accredited school of 23 funeral service or mortuary science education issued by [an] a 24 nationally recognized accrediting [organization recognized by the25department of health] agency that is included in the list of such agen- 26 cies published by the United States secretary of education. 27 § 3. Subdivisions (a) and (b) of section 3426 of the public health 28 law, as amended by chapter 103 of the laws of 1981, are amended to read 29 as follows: 30 (a) that such other state or political subdivision of the United 31 States maintains a system and standard of qualification and examination 32 for funeral director license, which is substantially equivalent or 33 greater to those required in this state; and, 34 (b) that such other state or political subdivision of the United 35 States gives similar recognition and endorsement to licenses of this 36 state unless they are substantially greater than those required in this 37 state; and, 38 § 4. Subdivision 2 of section 3428 of the public health law is amended 39 by adding a new paragraph (f) to read as follows: 40 (f) The department shall issue a pocket identification card for the 41 biennial period to any undertaker, embalmer, or funeral director who 42 pays the required registration fee, which shall include a photograph of 43 such undertaker, embalmer or funeral director. Once issued, the licen- 44 see assumes the right of possession of his or her license which can only 45 be revoked, rescinded or suspended by specific violation of state law or 46 regulation by the licensee as it pertains to the business of funeral 47 directing, and only after timely notification and due process by the 48 bureau of funeral directing, the commissioner, or his or her appointed 49 representative. 50 § 5. This act shall take effect immediately.
