NYS FUNERAL LAW EXAM 2026-2027: THIRD PRACTICE TEST BANK
150 Advanced Questions with Expanded Citations, Penalties, and Strategic Exam Tips
# Question Correct Answer Legal C
The care and disposal of the body of a deceased
person and/or the preserving, disinfecting and
What is the legal definition of "funeral directing"
1 preparing by embalming or otherwise the body NYS Pu
under NYS Public Health Law?
for funeral services, transportation, burial or
cremation
May a registered resident sign any form or
NYS Pu
2 document that requires a licensed funeral No
"registe
director's signature?
No; the NYS Department of Health has ordered
Under the FTC Funeral Rule, is a "price match
3 funeral firms to cease and desist such BFD 19
guarantee" permissible in NYS?
advertising
What is the legal effect of the 2018 law NYS Pu
It creates a presumption that NBE scores are
4 regarding National Board Examination (NBE) AAMI c
valid at the time of licensure application
scores? Divisio
The care, disposal, transportation, burial or
What constitutes "funeral directing" under the NYS Pu
5 cremation by any means other than embalming
definition that includes transportation? "under
of the body of a deceased person
Under proposed 2025-2026 legislation Authority to investigate claims regarding pre-
NYS Ge
6 (S9233/A10861), what new authority would the need funeral merchandise agreements and levy
amend
Bureau of Funeral Directing receive? fines on unlicensed individuals
How long would the Bureau of Funeral Directing
NYS Se
7 have to investigate pre-need claims under the 90 days
Bill A10
proposed 2025 legislation?
Any chemicals or substances manufactured
primarily for use by licensed funeral directors,
What is the legal definition of "embalming fluid"
8 undertakers, embalmers, or registered residents NYS Pu
under NYS law?
to prepare, disinfect, or preserve a deceased
body
Under the definition section, what does "burial"
9 Transportation and/or cremation NYS Pu
include?
An individual, partnership, corporation, or estate
What is the definition of a "funeral firm" under
10 representative engaged in the business and NYS Pu
Article 34?
practice of funeral directing
In the 2025 Brooklyn case (Hemmings v.
Loss of sepulcher and negligent handling of NYS co
11 Daniels), what was the primary legal claim
human remains after cremains were lost Health
against the funeral director?
What duty does a funeral director have
A duty to exercise the highest degree of care in Comm
12 regarding cremated remains based on the
handling and safeguarding cremated remains Law § 3
Hemmings case?
, # Question Correct Answer Legal C
The Appellate Division reversed the revocation,
What was the outcome of the 2025 AAMI NYS Pu
13 finding no fraud due to the presumption of
faculty license revocation case? Depart
valid NBE scores
Who has the authority to commence a special
The Attorney General (after Bureau investigation NYS Ge
14 proceeding for pre-need violations under
under proposed law) 453(6-a
current law?
Under proposed legislation, what must the
Investigate claims for 90 days and compile
15 Bureau do before transferring records to the S9233/
records and true copies of any agreements
Attorney General?
What types of entities can be prosecuted for Unlicensed individuals and/or unregistered NYS Pu
16
falsely acting as a registered funeral firm? entities Genera
Which court has jurisdiction over funeral
17 The Appellate Division, Third Department NYS Pu
director license revocation appeals?
There was no underlying fraud because the
What was the central finding in the AAMI case AAMI v
18 presumption of valid NBE scores was
regarding fraud? 2025)
unrebutted
Under the proposed 2025 legislation, what role The Bureau must investigate in consultation
19 S9233
does the local district attorney play? with the local district attorney
What is a "registered resident" prohibited from
20 Owning or managing a funeral firm NYS Pu
doing under the statutory definition?
Funeral director allegedly left cremains next to
Under what circumstances did the Hemmings Hemm
21 his car while checking mail, and they were
family file a $17 million lawsuit? Court,
stolen
Publication, dissemination, or circulation of any
announcement in newspapers, magazines,
What is the definition of "advertisement" under books, notices, circulars, pamphlets, letters,
22 NYS Pu
Article 34? hand-bills, posters, bills, signs, placards, cards,
labels, tags, radio, television, or any other
means
Does the statutory definition of "embalmer" No; only a person to whom a valid NYS license
23 NYS Pu
include a person licensed in another state? has been duly issued
What is the statutory definition of "funeral A person to whom a valid license as such has
24 NYS Pu
director"? been duly issued
Under the definition section, what is the
"Undertaker" is a separate legal title, along with
25 relationship between "undertaker" and other NYS Pu
"embalmer" and "funeral director"
titles?
What is the significance of the 1990 FTC Funeral It established the mandatory review process for
26 FTC Bu
Rule staff report? 16 CFR Part 453
Mandatory review of the funeral industry
According to the 1988 FTC staff report, what
27 practices trade regulation rule (16 CFR Part 453) FTC Bu
was the status of the Funeral Rule review?
was ongoing
Under the 1978 FTC final staff report, what was A trade regulation rule (16 CFR Part 453)
28 FTC Bu
proposed? governing funeral industry practices
150 Advanced Questions with Expanded Citations, Penalties, and Strategic Exam Tips
# Question Correct Answer Legal C
The care and disposal of the body of a deceased
person and/or the preserving, disinfecting and
What is the legal definition of "funeral directing"
1 preparing by embalming or otherwise the body NYS Pu
under NYS Public Health Law?
for funeral services, transportation, burial or
cremation
May a registered resident sign any form or
NYS Pu
2 document that requires a licensed funeral No
"registe
director's signature?
No; the NYS Department of Health has ordered
Under the FTC Funeral Rule, is a "price match
3 funeral firms to cease and desist such BFD 19
guarantee" permissible in NYS?
advertising
What is the legal effect of the 2018 law NYS Pu
It creates a presumption that NBE scores are
4 regarding National Board Examination (NBE) AAMI c
valid at the time of licensure application
scores? Divisio
The care, disposal, transportation, burial or
What constitutes "funeral directing" under the NYS Pu
5 cremation by any means other than embalming
definition that includes transportation? "under
of the body of a deceased person
Under proposed 2025-2026 legislation Authority to investigate claims regarding pre-
NYS Ge
6 (S9233/A10861), what new authority would the need funeral merchandise agreements and levy
amend
Bureau of Funeral Directing receive? fines on unlicensed individuals
How long would the Bureau of Funeral Directing
NYS Se
7 have to investigate pre-need claims under the 90 days
Bill A10
proposed 2025 legislation?
Any chemicals or substances manufactured
primarily for use by licensed funeral directors,
What is the legal definition of "embalming fluid"
8 undertakers, embalmers, or registered residents NYS Pu
under NYS law?
to prepare, disinfect, or preserve a deceased
body
Under the definition section, what does "burial"
9 Transportation and/or cremation NYS Pu
include?
An individual, partnership, corporation, or estate
What is the definition of a "funeral firm" under
10 representative engaged in the business and NYS Pu
Article 34?
practice of funeral directing
In the 2025 Brooklyn case (Hemmings v.
Loss of sepulcher and negligent handling of NYS co
11 Daniels), what was the primary legal claim
human remains after cremains were lost Health
against the funeral director?
What duty does a funeral director have
A duty to exercise the highest degree of care in Comm
12 regarding cremated remains based on the
handling and safeguarding cremated remains Law § 3
Hemmings case?
, # Question Correct Answer Legal C
The Appellate Division reversed the revocation,
What was the outcome of the 2025 AAMI NYS Pu
13 finding no fraud due to the presumption of
faculty license revocation case? Depart
valid NBE scores
Who has the authority to commence a special
The Attorney General (after Bureau investigation NYS Ge
14 proceeding for pre-need violations under
under proposed law) 453(6-a
current law?
Under proposed legislation, what must the
Investigate claims for 90 days and compile
15 Bureau do before transferring records to the S9233/
records and true copies of any agreements
Attorney General?
What types of entities can be prosecuted for Unlicensed individuals and/or unregistered NYS Pu
16
falsely acting as a registered funeral firm? entities Genera
Which court has jurisdiction over funeral
17 The Appellate Division, Third Department NYS Pu
director license revocation appeals?
There was no underlying fraud because the
What was the central finding in the AAMI case AAMI v
18 presumption of valid NBE scores was
regarding fraud? 2025)
unrebutted
Under the proposed 2025 legislation, what role The Bureau must investigate in consultation
19 S9233
does the local district attorney play? with the local district attorney
What is a "registered resident" prohibited from
20 Owning or managing a funeral firm NYS Pu
doing under the statutory definition?
Funeral director allegedly left cremains next to
Under what circumstances did the Hemmings Hemm
21 his car while checking mail, and they were
family file a $17 million lawsuit? Court,
stolen
Publication, dissemination, or circulation of any
announcement in newspapers, magazines,
What is the definition of "advertisement" under books, notices, circulars, pamphlets, letters,
22 NYS Pu
Article 34? hand-bills, posters, bills, signs, placards, cards,
labels, tags, radio, television, or any other
means
Does the statutory definition of "embalmer" No; only a person to whom a valid NYS license
23 NYS Pu
include a person licensed in another state? has been duly issued
What is the statutory definition of "funeral A person to whom a valid license as such has
24 NYS Pu
director"? been duly issued
Under the definition section, what is the
"Undertaker" is a separate legal title, along with
25 relationship between "undertaker" and other NYS Pu
"embalmer" and "funeral director"
titles?
What is the significance of the 1990 FTC Funeral It established the mandatory review process for
26 FTC Bu
Rule staff report? 16 CFR Part 453
Mandatory review of the funeral industry
According to the 1988 FTC staff report, what
27 practices trade regulation rule (16 CFR Part 453) FTC Bu
was the status of the Funeral Rule review?
was ongoing
Under the 1978 FTC final staff report, what was A trade regulation rule (16 CFR Part 453)
28 FTC Bu
proposed? governing funeral industry practices
