4. (A) "FUNERAL ARRANGING" MEANS ENGAGING IN OR HOLDING ONESELF OUT AS
ENGAGED IN THE BUSINESS, PRACTICE, OR PROFESSION OF ARRANGING, DIRECT-
ING, OR SUPERVISING FUNERALS, INCLUDING, BUT NOT LIMITED TO:
(I) THE REMOVAL, TRANSPORTATION, SHELTERING, AND PREPARATION OF THE
BODY OF A DECEASED PERSON FOR BURIAL, CREMATION, OR OTHER LAWFUL DISPO-
SITION;
(II) COORDINATING WITH CEMETERIES, CREMATORIES, HOUSES OF WORSHIP, OR
OTHER DISPOSITION FACILITIES;
(III) SUPERVISING, DIRECTING, OR THE MANAGEMENT OF FUNERAL, BURIAL,
CREMATION, DISPOSITION, OR MEMORIAL SERVICES, INCLUDING MEETING WITH THE
NEXT OF KIN TO PLAN AND CARRY OUT FUNERAL SERVICES;
(IV) MAKING, OFFERING, OR ENTERING INTO FUNERAL CONTRACTS, INCLUDING
PRE-NEED AND AT-NEED FUNERAL AGREEMENTS, AND PROVIDING PRICE DISCLO-
SURES;
(V) MAINTAINING OR OPERATING A FUNERAL ESTABLISHMENT OR MORTUARY IN
RELATION TO SUCH NON-EMBALMING SERVICES;
(VI) PREPARING AND FILING NECESSARY PERMITS, AUTHORIZATIONS, DEATH
CERTIFICATES AND OTHER DOCUMENTS REQUIRED TO FACILITATE LAWFUL DISPOSI-
TION; AND
(VII) ANY OTHER ACTS AUTHORIZED UNDER EXISTING LAW OR REGULATION FOR
FUNERAL DIRECTING, EXCLUDING ACTS THAT INVOLVE THE USE OF CHEMICALS FOR
PRESERVATION OR DISINFECTION (I.E., EMBALMING) OR INVASIVE PROCEDURES
REQUIRING EMBALMING CREDENTIALS.
(B) "FUNERAL ARRANGING" SHALL NOT INCLUDE EMBALMING OR ANY ACT REQUIR-
ING THE PRACTICE OF EMBALMING.
5. "FUNERAL ESTABLISHMENT" MEANS FUNERAL ESTABLISHMENT AS DEFINED BY
SECTION THREE THOUSAND FOUR HUNDRED OF THIS CHAPTER.
6. "FUNERAL DIRECTOR" MEANS FUNERAL DIRECTOR AS DEFINED BY SECTION
THREE THOUSAND FOUR HUNDRED OF THIS CHAPTER.
7. "REGISTERED TRANSPORTER" MEANS A PERSON DULY REGISTERED WITH THE
BUREAU OF FUNERAL DIRECTING UNDER THE DEPARTMENT TO PERFORM THE TRANS-
PORTATION AND REMOVAL OF THE BODY OF A DECEASED PERSON UNDER THE SUPER-
VISION OF A FUNERAL DIRECTOR OR FUNERAL ARRANGER.
§ 3471. FUNERAL ARRANGING; LICENSE TO PRACTICE REQUIRED; SCOPE OF
PRACTICE. 1. THE BUREAU OF FUNERAL DIRECTING UNDER THE DEPARTMENT SHALL
ESTABLISH AND ISSUE "LICENSED FUNERAL ARRANGER" LICENSES AS PROVIDED BY
THIS ARTICLE. SUCH LICENSE SHALL ALLOW A FUNERAL ARRANGER TO PERFORM ALL
ACTS PERMITTED TO A FUNERAL DIRECTOR EXCEPT EMBALMING OR ANY PRESERVA-
TION OF THE BODY OF A DECEASED PERSON REQUIRING EMBALMING.
2. A LICENSED FUNERAL ARRANGER MAY OPERATE OR SUPERVISE A FUNERAL
ESTABLISHMENT WITH RESPECT TO NON-EMBALMING SERVICES, SO LONG AS SUCH
ESTABLISHMENT HAS EMBALMING SERVICES PROVIDED BY A FUNERAL DIRECTOR OR
EMBALMER, AS DEFINED BY SECTION THREE THOUSAND FOUR HUNDRED OF THIS
CHAPTER.
3. NO PERSON SHALL ENGAGE IN THE BUSINESS OR PRACTICE OF FUNERAL
ARRANGING OR HOLD THEMSELF OUT AS PRACTICING OR AS BEING ENTITLED TO
PRACTICE FUNERAL ARRANGING IN THIS STATE UNLESS SUCH PERSON HOLDS A
FUNERAL ARRANGER LICENSE DULY ISSUED BY THE DEPARTMENT IN ACCORDANCE
WITH THIS ARTICLE OR IS A REGISTERED TRAINEE WORKING UNDER THE DIRECT
SUPERVISION OF A FUNERAL ARRANGER.
4. A FUNERAL ARRANGER MAY REMOVE THE BODIES OF DECEASED PERSONS FROM
THE PLACE OF DEATH, AND TRANSPORT SUCH BODIES TO FUNERAL ESTABLISHMENTS,
CREMATORIES, CEMETERIES, OR OTHER LAWFUL DESTINATIONS FOR FINAL DISPOSI-
TION; PROVIDED THAT SUCH ACTIVITIES SHALL BE PERFORMED IN COMPLIANCE
WITH THIS ARTICLE, THE SANITARY CODE, AND REGULATIONS OF THE DEPARTMENT
CONCERNING THE SAFE HANDLING AND TRANSPORTATION OF HUMAN REMAINS.
A. 10095 3
5. A FUNERAL ARRANGER LICENSE SHALL BE RENEWABLE BIENNIALLY. AS A
CONDITION OF RENEWAL, THE LICENSEE SHALL COMPLETE A MINIMUM NUMBER OF
CONTINUING EDUCATION CREDITS AS ESTABLISHED BY REGULATION. SUCH CONTINU-
ING EDUCATION CREDITS SHALL PERTAIN TO FUNERAL ARRANGING PRACTICES AND
SHALL NOT REQUIRE INSTRUCTION IN EMBALMING.
6. A FUNERAL ARRANGER SHALL BE SUBJECT TO THE SAME DISCIPLINARY,
INVESTIGATION, HEARING, AND SANCTION AUTHORITY AS FUNERAL DIRECTORS
UNDER ARTICLE THIRTY-FOUR OF THIS CHAPTER, INCLUDING, BUT NOT LIMITED
TO, THE SUSPENSION AND REVOCATION OF LICENSES, FINES, AND PROSECUTION.
§ 3472. FUNERAL ARRANGING; REQUIREMENTS FOR LICENSE TO PRACTICE;
LICENSING EXAMINATIONS. 1. AN APPLICANT FOR FUNERAL ARRANGER LICENSURE
SHALL:
(A) BE OVER THE AGE OF EIGHTEEN;
(B) BE A CITIZEN OF THE UNITED STATES OR A NONCITIZEN LAWFULLY PERMIT-
TED TO RESIDE AND WORK IN THE UNITED STATES;
(C) SUBMIT TO THE DEPARTMENT A WRITTEN APPLICATION WHICH SHALL INCLUDE
EVIDENCE OF (I) ACADEMIC TRAINING IN FUNERAL SERVICE INSTRUCTION FROM AN
INSTITUTION APPROVED BY THE DEPARTMENT AND (II) GOOD MORAL CHARACTER
QUALIFICATIONS;
(D) PASS ALL REQUISITE EXAMINATIONS IN FUNERAL ARRANGING BASED UPON A
CURRICULUM APPROVED BY THE DEPARTMENT;
(E) PAY APPLICABLE APPLICATION FEES TO THE DEPARTMENT; AND
(F) COMPLETE A SUPERVISED TRAINING PERIOD AS A REGISTERED TRAINEE IN
FUNERAL ARRANGING, UNDER THE MENTORSHIP OF A FUNERAL DIRECTOR OR FUNERAL
ARRANGER, WITH A MINIMUM NUMBER OF FUNERAL CASES NOT REQUIRING EMBALMING
SERVICES AS PROMULGATED BY REGULATION.
2. THE COMMISSIONER, OR THEIR DESIGNEE, SHALL DEVELOP OR ADOPT AN
EXAMINATION THAT TESTS KNOWLEDGE AND COMPETENCY IN FUNERAL ARRANGING.
THE SCOPE OF SUCH EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
FUNERAL LAW AND REGULATION, ETHICS, FUNERAL ACCOUNTING, FUNERAL
CONTRACTS AND DISCLOSURES, TRANSPORTATION, AND STATE AND FEDERAL RULES
FOR DISPOSITION, SANITARY PRACTICES AND INFECTION CONTROL. SUCH EXAMINA-
TION SHALL EXCLUDE EMBALMING AND PRESERVATION SCIENCE.
§ 3473. FUNERAL ARRANGING; RECIPROCITY. 1. THE DEPARTMENT SHALL
PROMULGATE RULES AND REGULATIONS TO AUTHORIZE A FUNERAL ARRANGER TO
OBTAIN LICENSURE AS A FUNERAL DIRECTOR WITHIN THIS STATE UPON COMPLETION
OF EMBALMING INSTRUCTION AND PASSAGE OF AN EMBALMING EXAMINATION MODULE,
WITHOUT DUPLICATIVE REQUIREMENTS FOR SUBJECTS ALREADY COMPLETED.
2. THE BUREAU OF FUNERAL DIRECTING UNDER THE DEPARTMENT MAY GRANT A
FUNERAL ARRANGER LICENSE TO AN OUT-OF-STATE PRACTITIONER IF SUCH PRACTI-
TIONER HOLDS SUBSTANTIALLY EQUIVALENT CREDENTIALS AND HAS PRACTICED
FUNERAL ARRANGING IN ANOTHER JURISDICTION FOR A MINIMUM PERIOD OF AT
LEAST TWO YEARS.
§ 3474. FUNERAL ARRANGING; REGISTERED TRANSPORTER. 1. THE BUREAU OF
FUNERAL DIRECTING UNDER THE DEPARTMENT SHALL ESTABLISH A REGISTRATION
PROCESS BY WHICH INDIVIDUALS MAY SUBMIT AN APPLICATION TO THE DEPARTMENT
TO BECOME A REGISTERED TRANSPORTER PURSUANT TO THIS SECTION. SUCH REGIS-
TERED TRANSPORTER SHALL:
(A) REMOVE THE BODIES OF DECEASED PERSONS FROM HOSPITALS, RESIDENCES,
OR OTHER LAWFUL LOCATIONS; AND
(B) TRANSPORT THE BODIES OF DECEASED PERSONS TO FUNERAL ESTABLISH-
MENTS, CREMATORIES, CEMETERIES, OR OTHER LAWFUL DESTINATIONS.
2. A REGISTERED TRANSPORTER SHALL ACT UNDER THE DIRECTION AND SUPER-
VISION OF A FUNERAL DIRECTOR OR FUNERAL ARRANGER WHEN ENGAGED IN THE
REMOVAL OR TRANSPORTATION OF THE BODIES OF DECEASED PERSONS.
A. 10095 4
3. A REGISTERED TRANSPORTER SHALL BE SUBJECT TO THE SAME DISCIPLINARY,
INVESTIGATION, HEARING, AND SANCTION AUTHORITY AS FUNERAL DIRECTORS
UNDER ARTICLE THIRTY-FOUR OF THIS CHAPTER, INCLUDING, BUT NOT LIMITED
TO, THE SUSPENSION AND REVOCATION OF A CERTIFICATE OF REGISTRATION,
FINES, AND PROSECUTION.
§ 3475. FUNERAL ARRANGING; REGISTRATION REQUIREMENTS FOR REGISTERED
TRANSPORTER. 1. AN APPLICANT FOR REGISTRATION AS A REGISTERED TRANSPOR-
TER SHALL:
(A) BE OVER THE AGE OF EIGHTEEN;
(B) BE A CITIZEN OF THE UNITED STATES OR A NONCITIZEN LAWFULLY PERMIT-
TED TO RESIDE AND WORK IN THE UNITED STATES;
(C) POSSESS A VALID DRIVER'S LICENSE ISSUED BY THE STATE OF NEW YORK;
(D) HAVE COMPLETED A DEPARTMENT APPROVED TRAINING PROGRAM IN THE SAFE
HANDLING AND TRANSPORTATION OF THE BODIES OF DECEASED PERSONS, INFECTION
CONTROL, AND APPLICABLE PUBLIC HEALTH REGULATIONS; AND
(E) SUBMIT A REGISTRATION APPLICATION AND PAY APPLICABLE FEES TO THE
DEPARTMENT.
2. THE REGISTRATION OF A REGISTERED TRANSPORTER SHALL BE RENEWABLE
BIENNIALLY IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT. SUCH REGIS-
TRATION REQUIREMENTS MAY INCLUDE CONTINUING EDUCATION CREDITS IN PUBLIC
HEALTH AND PROFESSIONAL ETHICS.
§ 3476. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, OR APPRO-
PRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS ARTICLE WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE. SUCH RULES AND REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. DEVELOPING REGULATIONS REGARDING STANDARDS OF CARE, MINIMUM PRAC-
TICE REQUIREMENTS, AND RECORDKEEPING;
2. ESTABLISHING PROCEDURES GOVERNING APPLICATIONS, EXAMINATIONS,
LICENSURE AND REGISTRATION, AND CONTINUING EDUCATION STANDARDS;
3. PRESCRIBING REQUIREMENTS FOR THE RENEWAL OF LICENSES AND REGISTRA-
TION CERTIFICATES AND ENFORCEMENT MECHANISMS FOR VIOLATIONS OF THIS
ARTICLE;
4. CREATING STANDARDS FOR THE EDUCATION AND TRAINING OF FUNERAL ARRAN-
GERS AND REGISTERED TRANSPORTERS, INCLUDING THE APPROVAL OF EDUCATIONAL
PROGRAMS FOR SUCH TRAINING; AND
5. AMENDING EXISTING RULES AND REGULATIONS TO INCLUDE FUNERAL ARRAN-
GERS IN CONSUMER PROTECTION DISCLOSURES, GENERAL PRICE LISTS, AND ANY
OTHER APPLICABLE OVERSIGHT PROVISIONS.
§ 3477. CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
REDUCE OR RESTRICT ANY RIGHTS OR DUTIES OF CURRENTLY LICENSED FUNERAL
DIRECTORS.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.