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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S07690 Summary: BILL NO S07690 &nbsp SAME AS SAME AS A07630

&nbsp SPONSOR GIANARIS &nbsp COSPNSR ADDABBO, LIU, RYAN C, SKOUFIS &nbsp MLTSPNSR &nbsp Amd §§3400, 3401 & 3421, add §§3421-a & 3421-b, Pub Health L &nbsp 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.

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STATE OF NEW YORK ________________________________________________________________________

7690

2025-2026 Regular Sessions

IN SENATE

April 30, 2025 ___________

Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee 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

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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.

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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,

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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.

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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.

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