Enacts the "licensed funeral arranger act" under which a "licensed funeral arranger" license allows a funeral arranger to perform all acts permitted to a funeral director except embalming or any preservation of the body of a deceased person requiring embalming; creates a registration process under which registered transporters facilitate the removal and transportation of the bodies of deceased persons.
STATE OF NEW YORK
________________________________________________________________________
10095
IN ASSEMBLY
January 30, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to enacting the
"licensed funeral arranger act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "licensed funeral arranger act".
3 § 2. The public health law is amended by adding a new article 34-A to
4 read as follows:
5 ARTICLE 34-A
6 LICENSED FUNERAL ARRANGER ACT
7 Section 3470. Definitions.
8 3471. Funeral arranging; license to practice required; scope of
9 practice.
10 3472. Funeral arranging; requirements for license to practice;
11 licensing examinations.
12 3473. Funeral arranging; reciprocity.
13 3474. Funeral arranging; registered transporter.
14 3475. Funeral arranging; registration requirements for regis-
15 tered transporter.
16 3476. Rules and regulations.
17 3477. Construction.
18 § 3470. Definitions. For the purposes of this article, the following
19 terms shall have the following meanings:
20 1. "Disposition" means disposition as defined by section four thousand
21 two hundred one of this chapter.
22 2. "Embalming" means embalming as defined by section three thousand
23 four hundred of this chapter.
24 3. "Funeral arranger" or "licensed funeral arranger" means a person
25 duly licensed by the state of New York to engage in funeral arranging,
26 who may perform all lawful funeral services except embalming.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14581-02-6
A. 10095 2
1 4. (a) "Funeral arranging" means engaging in or holding oneself out as
2 engaged in the business, practice, or profession of arranging, direct-
3 ing, or supervising funerals, including, but not limited to:
4 (i) the removal, transportation, sheltering, and preparation of the
5 body of a deceased person for burial, cremation, or other lawful dispo-
6 sition;
7 (ii) coordinating with cemeteries, crematories, houses of worship, or
8 other disposition facilities;
9 (iii) supervising, directing, or the management of funeral, burial,
10 cremation, disposition, or memorial services, including meeting with the
11 next of kin to plan and carry out funeral services;
12 (iv) making, offering, or entering into funeral contracts, including
13 pre-need and at-need funeral agreements, and providing price disclo-
14 sures;
15 (v) maintaining or operating a funeral establishment or mortuary in
16 relation to such non-embalming services;
17 (vi) preparing and filing necessary permits, authorizations, death
18 certificates and other documents required to facilitate lawful disposi-
19 tion; and
20 (vii) any other acts authorized under existing law or regulation for
21 funeral directing, excluding acts that involve the use of chemicals for
22 preservation or disinfection (i.e., embalming) or invasive procedures
23 requiring embalming credentials.
24 (b) "Funeral arranging" shall not include embalming or any act requir-
25 ing the practice of embalming.
26 5. "Funeral establishment" means funeral establishment as defined by
27 section three thousand four hundred of this chapter.
28 6. "Funeral director" means funeral director as defined by section
29 three thousand four hundred of this chapter.
30 7. "Registered transporter" means a person duly registered with the
31 bureau of funeral directing under the department to perform the trans-
32 portation and removal of the body of a deceased person under the super-
33 vision of a funeral director or funeral arranger.
34 § 3471. Funeral arranging; license to practice required; scope of
35 practice. 1. The bureau of funeral directing under the department shall
36 establish and issue "Licensed Funeral Arranger" licenses as provided by
37 this article. Such license shall allow a funeral arranger to perform all
38 acts permitted to a funeral director except embalming or any preserva-
39 tion of the body of a deceased person requiring embalming.
40 2. A licensed funeral arranger may operate or supervise a funeral
41 establishment with respect to non-embalming services, so long as such
42 establishment has embalming services provided by a funeral director or
43 embalmer, as defined by section three thousand four hundred of this
44 chapter.
45 3. No person shall engage in the business or practice of funeral
46 arranging or hold themself out as practicing or as being entitled to
47 practice funeral arranging in this state unless such person holds a
48 funeral arranger license duly issued by the department in accordance
49 with this article or is a registered trainee working under the direct
50 supervision of a funeral arranger.
51 4. A funeral arranger may remove the bodies of deceased persons from
52 the place of death, and transport such bodies to funeral establishments,
53 crematories, cemeteries, or other lawful destinations for final disposi-
54 tion; provided that such activities shall be performed in compliance
55 with this article, the sanitary code, and regulations of the department
56 concerning the safe handling and transportation of human remains.
A. 10095 3
1 5. A funeral arranger license shall be renewable biennially. As a
2 condition of renewal, the licensee shall complete a minimum number of
3 continuing education credits as established by regulation. Such continu-
4 ing education credits shall pertain to funeral arranging practices and
5 shall not require instruction in embalming.
6 6. A funeral arranger shall be subject to the same disciplinary,
7 investigation, hearing, and sanction authority as funeral directors
8 under article thirty-four of this chapter, including, but not limited
9 to, the suspension and revocation of licenses, fines, and prosecution.
10 § 3472. Funeral arranging; requirements for license to practice;
11 licensing examinations. 1. An applicant for funeral arranger licensure
12 shall:
13 (a) be over the age of eighteen;
14 (b) be a citizen of the United States or a noncitizen lawfully permit-
15 ted to reside and work in the United States;
16 (c) submit to the department a written application which shall include
17 evidence of (i) academic training in funeral service instruction from an
18 institution approved by the department and (ii) good moral character
19 qualifications;
20 (d) pass all requisite examinations in funeral arranging based upon a
21 curriculum approved by the department;
22 (e) pay applicable application fees to the department; and
23 (f) complete a supervised training period as a registered trainee in
24 funeral arranging, under the mentorship of a funeral director or funeral
25 arranger, with a minimum number of funeral cases not requiring embalming
26 services as promulgated by regulation.
27 2. The commissioner, or their designee, shall develop or adopt an
28 examination that tests knowledge and competency in funeral arranging.
29 The scope of such examination shall include, but not be limited to,
30 funeral law and regulation, ethics, funeral accounting, funeral
31 contracts and disclosures, transportation, and state and federal rules
32 for disposition, sanitary practices and infection control. Such examina-
33 tion shall exclude embalming and preservation science.
34 § 3473. Funeral arranging; reciprocity. 1. The department shall
35 promulgate rules and regulations to authorize a funeral arranger to
36 obtain licensure as a funeral director within this state upon completion
37 of embalming instruction and passage of an embalming examination module,
38 without duplicative requirements for subjects already completed.
39 2. The bureau of funeral directing under the department may grant a
40 funeral arranger license to an out-of-state practitioner if such practi-
41 tioner holds substantially equivalent credentials and has practiced
42 funeral arranging in another jurisdiction for a minimum period of at
43 least two years.
44 § 3474. Funeral arranging; registered transporter. 1. The bureau of
45 funeral directing under the department shall establish a registration
46 process by which individuals may submit an application to the department
47 to become a registered transporter pursuant to this section. Such regis-
48 tered transporter shall:
49 (a) remove the bodies of deceased persons from hospitals, residences,
50 or other lawful locations; and
51 (b) transport the bodies of deceased persons to funeral establish-
52 ments, crematories, cemeteries, or other lawful destinations.
53 2. A registered transporter shall act under the direction and super-
54 vision of a funeral director or funeral arranger when engaged in the
55 removal or transportation of the bodies of deceased persons.
A. 10095 4
1 3. A registered transporter shall be subject to the same disciplinary,
2 investigation, hearing, and sanction authority as funeral directors
3 under article thirty-four of this chapter, including, but not limited
4 to, the suspension and revocation of a certificate of registration,
5 fines, and prosecution.
6 § 3475. Funeral arranging; registration requirements for registered
7 transporter. 1. An applicant for registration as a registered transpor-
8 ter shall:
9 (a) be over the age of eighteen;
10 (b) be a citizen of the United States or a noncitizen lawfully permit-
11 ted to reside and work in the United States;
12 (c) possess a valid driver's license issued by the state of New York;
13 (d) have completed a department approved training program in the safe
14 handling and transportation of the bodies of deceased persons, infection
15 control, and applicable public health regulations; and
16 (e) submit a registration application and pay applicable fees to the
17 department.
18 2. The registration of a registered transporter shall be renewable
19 biennially in accordance with regulations of the department. Such regis-
20 tration requirements may include continuing education credits in public
21 health and professional ethics.
22 § 3476. Rules and regulations. The department shall promulgate rules
23 and regulations consistent with the purposes of this article, or appro-
24 priate for the effective administration of this article within eighteen
25 months of the effective date of this article. Such rules and regulations
26 shall include, but not be limited to:
27 1. Developing regulations regarding standards of care, minimum prac-
28 tice requirements, and recordkeeping;
29 2. Establishing procedures governing applications, examinations,
30 licensure and registration, and continuing education standards;
31 3. Prescribing requirements for the renewal of licenses and registra-
32 tion certificates and enforcement mechanisms for violations of this
33 article;
34 4. Creating standards for the education and training of funeral arran-
35 gers and registered transporters, including the approval of educational
36 programs for such training; and
37 5. Amending existing rules and regulations to include funeral arran-
38 gers in consumer protection disclosures, general price lists, and any
39 other applicable oversight provisions.
40 § 3477. Construction. Nothing in this article shall be construed to
41 reduce or restrict any rights or duties of currently licensed funeral
42 directors.
43 § 3. This act shall take effect on the one hundred twentieth day after
44 it shall have become a law. Effective immediately, the addition, amend-
45 ment and/or repeal of any rule or regulation necessary for the implemen-
46 tation of this act on its effective date are authorized to be made on or
47 before such effective date.
