Amd §§3400, 3401 & 3421, add §§3421-a & 3421-b, Pub Health L
Relates to the requirements for licensure of funeral directors; specifies requirements for a residency period under the direct supervision of a preceptor; sets requirements to act as a preceptor.
STATE OF NEW YORK
________________________________________________________________________
7630
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the requirements
for licensure of funeral directors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (k) of section 3400 of the public health law,
2 as amended by chapter 534 of the laws of 1983, is amended and a new
3 subdivision (m) is added to read as follows:
4 (k) "Registered resident" means a person who passed a funeral direct-
5 ing examination and who is duly registered as such with the department
6 while in the employ of a registered funeral firm and who is engaged in
7 the practice of funeral directing under the direct supervision of a
8 [licensed funeral director or undertaker and embalmer] preceptor;
9 provided, however, that a registered resident shall not have authority
10 to sign any form or document required by law which requires the signa-
11 ture of a licensed funeral director or make funeral arrangements or own
12 or manage a funeral firm.
13 (m) "Preceptor" means a person who is licensed and registered as a
14 funeral director or undertaker and embalmer who is engaged in the prac-
15 tice of funeral directing regularly employed at a funeral firm and who
16 is certified by the department as a preceptor.
17 § 2. Subdivision 1 of section 3401 of the public health law is amended
18 to read as follows:
19 1. The commissioner may, from time to time, make and adopt such rules
20 and regulations not inconsistent with law as may be necessary (a) in the
21 performance of [his] their duties and in the administration of the
22 provisions of this article; [and] (b) to provide requirements for educa-
23 tion and examination including residency and preceptor standards; and
24 (c) to govern and regulate the conduct and transaction of the business
25 and practice of funeral directing, undertaking and embalming.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11276-01-5
A. 7630 2
1 § 3. Section 3421 of the public health law, as amended by chapter 534
2 of the laws of 1983, paragraph (a) of subdivision 2 as amended by chap-
3 ter 669 of the laws of 2022, paragraph (c) of subdivision 2 and para-
4 graph (b) of subdivision 4 as amended by chapter 529 of the laws of
5 2000, is amended to read as follows:
6 § 3421. Funeral directing; requirements for license to practice. 1. In
7 order to be licensed, an applicant for licensure shall pass a funeral
8 directing examination prepared or approved by the department to deter-
9 mine [his] their knowledge and fitness therefor, as required by this
10 article. No person shall be permitted to enter funeral director school,
11 apply for a funeral directing examination or apply for a funeral direct-
12 ing license without submitting to the department satisfactory evidence
13 of good moral character.
14 2. Except as provided in subdivision three, the department shall admit
15 to examination any applicant who pays a fee of forty dollars and submits
16 evidence subscribed and affirmed as true under the penalties of perjury
17 and satisfactory to the department that the applicant:
18 (a) is a citizen of the United States or a noncitizen lawfully admit-
19 ted for permanent residence in the United States;
20 (b) has satisfactorily completed a course of collegiate level study in
21 funeral service, the curriculum of which (i) has been approved by the
22 department, consisting of not less than ninety quarter credits or sixty
23 semester credits in an institution or institutions approved by the
24 department or an accrediting agency recognized by the department; and
25 (ii) includes completion of a discernment period that has been approved
26 by the department;
27 (c) has upon entering an approved institution as herein provided for
28 the purpose of beginning [his] such applicant's funeral service study,
29 registered as a student with the department upon a form to be provided
30 by the department, and has paid to the department a registration fee of
31 fifty dollars.
32 3. Delay in registering as a student as herein required may be
33 excused, in the discretion of the commissioner.
34 4. The department shall issue a license to practice funeral directing
35 to an applicant for such license on the basis of the following proce-
36 dures:
37 (a) who shall have successfully passed the examination as herein
38 provided in subdivision one of this section, and
39 (b) who pays a fee of one hundred twenty-five dollars, and
40 (c) who, after having passed such examination, serves a one year peri-
41 od as a registered resident in accordance with the requirements set
42 forth in this section and in a manner satisfactory to the department,
43 and
44 (d) who, has passed a second examination after or during the serving
45 of a one year period as a registered resident. The said examination
46 shall be on the New York state laws, rules and regulations relating to
47 funeral directing and shall be prepared or approved by the department of
48 health.
49 5. An applicant must complete a one-year period residency in accord-
50 ance with the following:
51 (a) The registered resident must serve one year of residency under the
52 direct supervision of a preceptor. The ending dates of the residency
53 shall be indicated on the pocket card. The registered resident shall
54 engage in the practice of funeral directing only during the time indi-
55 cated on the pocket card.
A. 7630 3
1 (b) The registered resident shall, during the residency, serve on a
2 full-time work schedule with the funeral firm.
3 (c) No licensed funeral director shall permit any person in the funer-
4 al director's employ or under the funeral director's supervision or
5 control to serve a residency in funeral directing unless that person is
6 a registered resident approved by the department.
7 (d) Registered residents shall not advertise or hold themselves out as
8 funeral directors or any other title or abbreviation indicating that the
9 registered resident is a funeral director.
10 (e) The registered resident shall, during the residency, complete the
11 requirements set forth in this section, including to embalm not fewer
12 than twelve human remains and direct or assist in the direction of not
13 fewer than twenty-five funerals under the direct supervision of the
14 preceptor and to submit reports on forms furnished by the department.
15 Work on the first five embalming cases, first five funeral arrangements,
16 and first five funeral or memorial services must be completed in the
17 physical presence of the preceptor. The first six embalming cases and
18 the first twelve funeral case reports must be completed and submitted by
19 the completion of the sixth month of the residency.
20 (f) (i) The preceptor shall ensure that the registered resident is
21 knowledgeable of each of the following items during the residency:
22 (A) the requirements of the Federal Trade Commission Funeral Rule;
23 (B) the requirements of the Occupational Safety and Health Act;
24 (C) the requirements of the Americans with Disabilities Act;
25 (D) the benefits of the Social Security and Veterans Health Adminis-
26 tration; and
27 (E) the requirements of the New York state funeral law and forms.
28 (ii) The preceptor shall ensure that the registered resident performs
29 each of the following under the preceptor's direct supervision:
30 (A) Assists with or performs a minimum of twelve transfers of human
31 remains.
32 (B) Performs twelve embalmings of human remains to include:
33 (1) Obtaining permission to embalm.
34 (2) Placement of human remains on preparation table.
35 (3) Pre-embalming analysis.
36 (4) Primary disinfection.
37 (5) Setting features.
38 (6) Selection of injection/drainage sites and raising those vessels.
39 (7) Selection and mixing of embalming chemicals and operation of the
40 embalming machine.
41 (8) Injection and drainage methods.
42 (9) Cavity treatment.
43 (10) Suturing techniques.
44 (C) Prepares a minimum of twelve human remains for viewing to include:
45 (1) Dressing;
46 (2) Cosmetizing; and
47 (3) Casketing.
48 (D) Assists with cremation procedures to include:
49 (1) Completing required cremation forms; and
50 (2) Preparing human remains for cremation.
51 (E) Assists with making funeral arrangements with a minimum of twen-
52 ty-five families to include assisting with each of the following, as
53 applicable:
54 (1) Presentation of funeral goods, products and services;
55 (2) Presentation of payment options for families;
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1 (3) Contacting third-party suppliers of goods and services, such as
2 clergy, cemetery personnel, outer burial container provider, cremation
3 establishment, florist, and musicians;
4 (4) Completing the obituary;
5 (5) Presentation of general price list and associated price lists; and
6 (6) Preparation and presentation of statement of funeral goods and
7 services.
8 (F) Coordinates, at a minimum, twelve visitations to include:
9 (1) Preparing the chapel, visitation room or other facility;
10 (2) Setting up oral arrangements; and
11 (3) Setting up register book and memorial folders or prayer cards.
12 (G) Directs a minimum of twenty-five funerals or memorial services to
13 include, as applicable:
14 (1) Greeting funeral attendees;
15 (2) Assisting casket bearers;
16 (3) Preparing for funeral procession;
17 (4) Driving a vehicle in procession;
18 (5) Assisting at graveside committal;
19 (6) Transporting flowers; and
20 (7) Coordinating with officiant and family.
21 (g) Due, in part, to the requirement in clause (A) of subparagraph
22 (ii) of paragraph (f) of this subdivision, if both of the following
23 conditions are satisfied, a preceptor's funeral firm may require that a
24 resident have a driver's license:
25 (i) The preceptor reasonably expects driving to be one of the job
26 functions during the residency; and
27 (ii) The employer reasonably believes that satisfying the residency
28 requirements using an alternative form of transportation would not be
29 comparable in travel time or cost to the employer. For purposes of this
30 subparagraph, "alternative form of transportation" includes, but is not
31 limited to, all of the following:
32 (A) using a ride hailing service;
33 (B) using public transportation;
34 (C) carpooling;
35 (D) bicycling; and
36 (E) walking.
37 (h) The registered resident must complete and submit quarterly report-
38 ing forms to the department. These reports shall be answered in full and
39 signed by both the registered resident and preceptor.
40 (i) When, for any valid reason, the department determines that the
41 education a registered resident is receiving under the supervision of
42 the present preceptor might be detrimental to the registered resident or
43 the profession at large, the registered resident may be required to
44 serve the remainder of the residency under the supervision of a licensed
45 funeral director who is approved by the department.
46 (j) The length of a residency may be extended if the department deter-
47 mines that the registered resident requires additional time or super-
48 vision in order to meet the minimum proficiency in the practice of
49 funeral directing.
50 (k) The department views a one-year residency completed in a consec-
51 utive twelve-month period as the best training option. If a residency is
52 interrupted, the residency must be completed within twenty-four months
53 of the date it started in order to be readily accepted by the depart-
54 ment. Residencies that are not completed within twenty-four months
55 shall be pre-approved by the department on such terms as the department
56 deems reasonable under the circumstances, including but not limited to,
A. 7630 5
1 for reasons of health certified by an appropriate health care profes-
2 sional or for extended active duty with the armed forces of the United
3 States.
4 (l) The department may require any or all of the following:
5 (i) Completion of a college course or continuing education course
6 covering funeral directing laws and rules;
7 (ii) Additional case reports; and
8 (iii) Extension of a residency up to an additional twelve months
9 depending on such factors as the number of months completed during the
10 residency, length of time that has lapsed since the registered resident
11 was actively involved in the residency program and the experience
12 attained by the registered resident.
13 (m) Application for change of preceptor or any other alteration must
14 be made in writing and approval granted by the department before the
15 status of the registered resident is altered.
16 (n) The registered resident shall complete on a form provided by the
17 department a confidential evaluation of the preceptorship program at the
18 end of the residency. This form shall be submitted before a funeral
19 director license is issued to the registered resident.
20 (o) The registered resident must be approved and licensed following a
21 successful residency before the registered resident may practice funeral
22 directing.
23 § 4. The public health law is amended by adding two new sections
24 3421-a and 3421-b to read as follows:
25 § 3421-a. Funeral directing; student discernment. 1. A student shall
26 complete a minimum one hundred-hour discernment period with one or more
27 licensed funeral firms prior to the start of the third semester of study
28 for full-time students or the equivalent number of credit hours for
29 part-time students.
30 2. Students serving a discernment shall be under the direct physical
31 supervision of a funeral director who meets the following requirements:
32 (a) has not had any formal disciplinary action within the past five
33 years; and
34 (b) is affiliated with a funeral firm that has not had formal disci-
35 plinary action within the past five years.
36 3. Students shall be registered as students with the department prior
37 to commencing a discernment.
38 § 3421-b. Funeral directing; preceptor. 1. A preceptor shall have
39 completed a training course within two years prior to accepting a regis-
40 tered resident. This training course shall cover New York state laws,
41 rules and regulations on content areas including, but not limited to,
42 New York state law and rules governing licensure and the practice of
43 funeral directing and human resource issues. The training course may be
44 counted toward the continuing education hours required for the licensure
45 biennium in which the training course was completed.
46 2. Any licensed funeral director who has (a) been practicing for a
47 minimum of five years and, (b) who has not had any formal disciplinary
48 action within the past five years with the department and, (c) who has
49 had no more than two disciplinary actions since being licensed and, (d)
50 has completed a preceptor training course will be eligible to be a
51 preceptor.
52 3. The preceptor shall be affiliated with a funeral firm that has not
53 had any formal disciplinary action within the past five years and that
54 has had no more than two disciplinary actions since it was first regis-
55 tered.
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1 4. The preceptor shall certify that the registered resident engages in
2 the practice of funeral directing only during the time frame designated
3 on the pocket card.
4 5. A preceptor's duties shall include the following:
5 (a) ensure the registered resident completes the training program set
6 forth in paragraph (f) of subdivision five of section thirty-four
7 hundred twenty-one of this title;
8 (b) directly supervise the registered resident's performance of the
9 duties set forth in subparagraph (ii) of paragraph (f) of subdivision
10 five of section thirty-four hundred twenty-one of this title;
11 (c) familiarize the registered resident in the areas specified in the
12 preceptor training outline;
13 (d) read, add appropriate comment to, and sign each of the twelve
14 embalming reports and the twenty-five funeral directing reports
15 completed by the registered resident;
16 (e) complete written quarterly reports of the registered resident on a
17 form provided by the department. This report is to be reviewed with and
18 signed by the registered resident and submitted to the department within
19 ten days of the end of each quarter; and
20 (f) at the end of the residency, complete a confidential evaluation of
21 the registered resident on a form provided by the department. This eval-
22 uation shall be submitted within two weeks of the end of the residency.
23 The twelve month report shall be submitted to the department for review
24 and approval prior to the department's approval of the registered resi-
25 dent for licensure.
26 6. Failure of a preceptor to fulfill the requirements set forth by the
27 department, including failure to remit the required final evaluation,
28 shall result in an investigation of the preceptor by the department and
29 may result in actions which may include, but not be limited to, the loss
30 of preceptor status for current and future registered residents or
31 discipline or both.
32 7. If a preceptor does not serve the entire year, the department will
33 evaluate the situation; and if a certified preceptor is not available, a
34 licensed funeral director may serve with the approval of the department.
35 8. No licensed funeral director or licensed funeral firm shall have
36 more than one registered resident funeral director for the first one
37 hundred human remains embalmed or funerals conducted per year, and with
38 a maximum of two registered residents per funeral firm.
39 9. With prior department approval, a registered resident may serve
40 under the supervision of more than one preceptor under the following
41 terms and conditions:
42 (a) a single preceptor must act in the role of the primary preceptor;
43 (b) the primary preceptor is responsible for coordinating all regis-
44 tered resident training and activities;
45 (c) the registered resident shall be deemed an employee of the funeral
46 firm of the primary preceptor; however, the registered resident's
47 compensation may be an expense shared between preceptors;
48 (d) the primary preceptor may make arrangements with a maximum of two
49 additional preceptors to share preceptor responsibilities for such
50 purposes as providing a registered resident with a higher-volume prac-
51 tice or a broader range of registered resident experiences; and
52 (e) each preceptor shall be individually responsible for directly
53 supervising the registered resident's activities performed under the
54 preceptor's guidance, but the primary preceptor remains responsible for
55 coordinating the registered resident's activities and submitting all
56 forms to the department.
A. 7630 7
1 § 5. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
