Funeral Service Law NYS LATEST SOLUTION 2025 GUARANTEED GRADE A+

Funeral Service Law NYS LATEST SOLUTION 2025 GUARANTEED GRADE A+ Biennium Specified period of 2 years Example: Begins July 1st and concludes on the second following June 30th Corporate Members Corporation's officers, directors, stockholders, or other persons, firm or corporation having a 10% or greater interest in the corporation. Funeral Home - Funeral Establishment Single, physical location, address, or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. Location from which a funeral firm may operate Funeral Firm An individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing. A funeral firm is a funeral business, and a firm must have at least 1 establishment from which to operate If a funeral firm owner is - An individual must be a licensed funeral director - A partnership, all of the partners must be licensed funeral directors -A limited liability company (LLC), the registered manager must be a licensed funeral director - A corporation, the registered manager must be a licensed funeral director If a funeral firm operates more than one funeral establishment.. Each individual establishment must have a designated manager that is licensed and registered funeral director A funeral firm is.. A business entity that conducts operations out of one or more approved funeral establishments Funeral directors are both.. Registered and licensed in New York State Must have a current registration to legally work in funeral service. Funeral firms and establishments are.. ONLY registered in New York State The owner of a funeral firm must renew the registration for each funeral establishment location they operate every.. 2 years with the state All funeral establishments REGISTRATIONS begin on July 1st of the odd years For the initial (new business) registration period, the start date - end date is the day the business opens, and the end date is always going to be June 30th of the current or next odd year Initial new business registration fee for a funeral establishment $400.00 Biennial registration fee for a funeral establishment $300.00 Amendment fee to change the address of a funeral establishment $100.00 Amendment fee to change the name of the manager of a funeral establishment $100.00 Amendment fee to change the firm name under which a funeral establishment operates $100.00 Amendment fee to change the ownership name of a funeral firm $400.00 Any change in the designation of a funeral establishment manager must be reported to the state, in writing Within 10 days The license NOT the registration.. of the manager must be displayed at the establishment where they serve Any change in name, address, ownership, or other legal status of a funeral firm or funeral establishment must be reported to the state Within 10 days Funeral directing must take place from a fixed funeral establishment It is illegal to operate any type of funeral service from a mobile facility, accommodation, or other moveable structure or conveyance Funeral establishments may not be operated or located on real property Owned, leased, or under the control of a cemetery A funeral establishment must have at least 1 of each -chapel or reposing room -arrangement office -preparation room Chapel or reposing room must have at least 300 square feet of floor space- to be used exclusively for conducting funeral services Arrangment office No specific amount of floor space Preparation room Containing at least 120 square feet of floor space - to be used for preparation, disinfection, embalming, washing, dressing, and casketing human remains. Preparation room requirements DO NOT apply to establishments registered prior to March 1st, 1974, that have been in continuous operation from the same location Funeral establishment sign Display actual name of the funeral establishment registered with the state. Located at or near the main entrance and visible from the exterior of the building. Minimum height of name = 1 1/2 inches Registration certificate issued by the state MUST be displayed in the funeral establishment When naming a funeral facility, the owner may not use the personal name of any living person UNLESS The named individual is both licensed and registered as a funeral director in this state However, if the personal name has been properly used in the initial naming of the funeral facility, it may continue to be used even after the individual is deceased. Direct mailings Not included in the prohibition and are therefore an allowable means of advertising Price match gurantee in which a funeral firm promises to match the general price list prices of their competitors- is a violation of both federal and state law. Funeral homes can have catered food service in connection with a funeral service As long as the caterer is not opened by or affiliated with the funeral home The charge for funeral service is.. NOT subject to sales tax Contact Hour A period of between 50-60 minutes, continuously measured. One contact hour is commonly referred to as a CEU or continuing education unit. Continuing Education A course of instruction in a field of funeral directing taught by a provider registered with the state Embalming Preparing, disinfecting, and preserving, either hypodermically, arterially or by any other recognized means, the body of a deceased person for burial, cremation, or other final disposition. Funeral Directing The care and disposal of the body of a deceased person and/or the preserving, disinfecting, and preparing by embalming or otherwise, the body of the deceased person for funeral services, transportation, burial, or cremation. Registered Resident A person who has passed a funeral directing examination (the National Boards) and is duly registered with the state and employed by a registered funeral firm. They engage in the practice of funeral directing under the supervision of a licensed funeral director. Undertaking The care, disposal, transportation, burial, or cremation by any means other than embalming of the body of the deceased person. The path to a career in funeral service in New York has 4 steps 1- Enrollment and completion of an accredited course in funeral services studies. Within 15 days of enrolling, a student must apply to the state for a student certificate. The certificate is in the form of a blue-colored student ID card certifying they have been registered as a student. 2-Passing the National Boards Examinations. 3-Completion of a 1 year residency with a NYS funeral firm. The student must apply to the state for a resident certificate within 2 weeks after beginning employment. The certificate is in the form of a green-colored ID card certifying they are a registered resident. 4-Pass the state funeral service law examination. Between the 8th and 12th month of the 1 year residency, a resident must take the state examination on funeral service law in NYS. Funeral service law examination fee $125.00 A registered resident must carry a certificate of registration "Pocket card" in state rules and regulations- at all times when engaged in activities related to the residency. Prior to NY adopting the term funeral director, individuals working in funeral service held the titles of.. undertaker and/or embalmer The sole responsibility of the embalmer was preparing, disinfecting, and preserving the body of the deceased; while the undertaker was responsible for the care, disposal, transportation, and final disposition. Practitioners could hold one title or both titles if they chose to do so. When the duties and responsibilities of the undertaker and embalmer were merged under the new title of FUNERAL DIRECTOR in 1953 NO additional undertakers or embalmers were licensed by the state. TODAY, there are no longer any licensed undertakers or embalmers remaining in the state. The first licenses for undertakers and/or embalmers to practice in funeral service occupations in NY were issued in 1899 A funeral director license has no.. Expiration date A funeral director registration.. MUST be renewed on a biennium basis All FUNERAL DIRECTOR REGISTRATION in the state begin on July 1st of the EVEN years The 2 year biennium for FUNERAL DIRECTOR REGISTRATION period runs from July 1st to the second following June 30th An application must be filed with the state to renew a funeral director registration every biennium and there is a $125.00 renewal fee for registration Questions to be answered for renewal of FUNERAL DIRECTOR REGISTRATION *Do they currently work in funeral service in NY? - IF the answer is yes, they must include the average number of hours per week, the name and registration number of the funeral firm, and disclose if they are currently the registered manager of the funeral establishment. *Have they been convicted of a crime (misdemeanor or felony) in the 2 year period immediately preceding the date of the application? -Misdemeanor, no further information is required -Felony, must identify the crime, jurisdiction, and disposition of the charge, as well as attach a certified copy of the court transcript. *Have they been found in violation of the PBL or any statue, rule or regulation relating to funeral directing in the 2 year period immediately preceding the date of application? -For those in violation, a statement must be attached describing the nature of the violation. *Completed the minimum required number of CEUs during the current biennium period -Provide live hours, number of non-live hours, and the total completed. - Did you complete a 2 hour live law course? *Notice stating whether or not they under any obligation to pay child support in NYS? - Individuals who are 4 months or more in arrears in child support may be subject to suspension of any NYS issued business, professional, and/or drivers licenses. - Including a funeral director license For advertising purposes, a funeral firm may use the name of an inactive funeral director... As long as they disclose the inactive status in the advertising to promotional materials Inactive registration periods follow the same biennium periods as.. Active registrations, and the biennium fee is $125.00 A person licensed and registered as a funeral director may present themselves as.. A funeral director, undertaker, or mortician. This includes in advertising. Carrying Identification A funeral direct must carry their CURRENT REGISTRATION CARD whenever they are performing funeral service duties or are on the premises of any funeral establishment. Upon request a funeral director must present their current biennium registration card for identification to any of the following -Representatives of the state or any municipal government engaged in the administration or enforcement of law - Representatives of a cemetery, crematory, hospital, common carrier, or casket showrooms -Persons having lawful possession of human remains, the release of which is sought by the funeral director Replacement of credentials The state will issues a duplicate license or certificate upon the payment of a $20.00 fee. Any change of residence address for the holder of a state issued registration to engage in funeral service practices must be reported to the state in writing Within 10 days after the change Minimum hours of continuing education 12 hours 2 of these hours must relate to applicable state laws, rules, and regulations in the funeral service affecting funeral directing, embalming, and preened services. Subjects of continuing education -natural sciences -funeral service counseling -management services -business administration -organ procurement -aftercare -religion -funeral customs -data processing -preneed services -jurisprudence (federal, state, and local) -hospice and similar outreach programs -restorative arts and embalming -sanitation and infection control A funeral directer must complete at least ___________ of continuing education each biennium in the form of live classroom instruction 50% (6 CEUs) Late filing for CEUs The state may fine a funeral director $125.00 for failing to file required continuing education information at the time of registration for renewal. They may also allow a grace period of 120 days into the biennium to comply and file the information. Re-instatement for a suspended registration Must complete 12 hours of continuing education and pay a reinstatement fee of $250.00 Newly licensed and registered funeral directors Exempt from mandatory continuing education requirements for the remainder of the biennium during which they are first licensed. A funeral director license is not required to perform an embalming procedure in NYS Actual Retail Price The price for which a funeral director regularly sells an item of merchandise to customers Alternative Container Non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, designed for the encasement of human remains, and is made of cardboard, pressed wood, composition materials (with or without an outside covering) or pouches of canvas or other materials. Casket - Coffin Rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric. Direct Burial Disposition of human remains by burial, without formal viewing, visitation or ceremony, with the body present, except for a graveside service. Direct Cremation Disposition of human remains by cremation, without a formal viewing, visitation or ceremony, with the body present. Outer Interment Receptacle Any container or enclosure which is placed in the grave around the casket to prevent the collapse of the grave and/or to protect the casket, including but not limited to receptacles commonly known as burial vaults, grave boxes, or grave liners. Unfinished Wood Box An unornamented casket made of wood which does not have a fixed interior lining. Violations - No person may.. - Obtain a license or certificate related to funeral service by any false or fraudulent statement of representation. - Practice funeral directing without being licensed or registered. -Aid an unlicensed person to practice funeral directing -Violate any provisions of law -Practice funeral directing if their license is revoked or suspended. Funeral service violations are misdemeanors On conviction, a person may be punished by a fine of not less than $100.00 nor more than $500.00 and imprisonment for not less than 30 days or more than 1 year. Also, could face a civil penalty of $1,000.00 and the suspension or revocation of any license to practice funeral directing. The state may revoke or suspend the license of a funeral director for any misconduct.. If the individual is an owner, partner, or manager of a funeral firm, the state may also suspend or revoke the firm registration. Funeral director convicted of a crime (felony) AUTOMATICALLY forfeits their license to practice funeral directing Cash Advances include - Cemetery or crematory charges - Clergy honoraria - Certified copies of death certificates or transcripts - Escorts - Chevra Kadisha (tahara) - Public Transportation (common carrier) - Gratuities - Bridge and road tolls - Telephone or telegraph charges NOT required by law - Embalming - A casket for direct cremation - Vault is not required unless the cemetery requires it - Purchasing certain goods and services when it's not required. Casket and vault prices must be printed in... 1/2 inches or larger to be considered legible Common Carrier A private company offering cargo transportation services to the general public, regulated by any of the following: NYS Department of Transportation, U.S. Surface Transportation Board (formerly U.S. Interstate Commerce Commission), Federal Aviation Administration, or United States Coast Guard. Customer The person making arrangements, or the customer's designee, who is to receive a written statement showing the price of the funeral, including an itemized list of services and merchandise to be furnished, and given to them at the time funeral arrangements are made. Customer's Designee A person acting on behalf of a customer Reciprocity The practice of exchanging things with others for mutual benefit, especially privileges granted by one country, state, or organization to another. Only a funeral director is authorized to make.. Funeral arrangements with a customer or a customer's designee. A registered resident's participation in connection with funeral arrangements may only consist of observing, instruction, taking preliminary information, and exposure to the sale of services and merchandise Who is permitted to be present for the embalming process? - Licensed funeral directors and employees - Duly registered funeral director students and trainees - Duly authorized instructors of funeral directing schools - Public officials or representatives in the discharge of their official duties - Duly accredited doctors and nurses - Member of the immediate family and their designated representatives Fluids and compounds that are prohibited in embalming -arsenic -lead -mercury -zinc -silver -antimony -chloral -poisonous alkaloid A funeral director trainee may not embalm or perform any part of embalming procedure on human remains unless the activity is performed under the PERSONAL supervision and instruction of a NYS licensed and registered funeral director Certain person are required to request funeral service professionals produce their current certificate of registration - Person in charge of a hospital, institution, or place where a person has died, and that person has lawful possession, charge, custody, or control of the human remains. -Person in charge of a cemetery, crematory, vault, or other place to which human remains are brought for temporary or permanent disposition. Before proceeding to embalm, remove, cremate, or bury human remains, funeral directors must determine that life is extinct. State rules and regulations provide 2 methods for making this determination - Checking and confirming pulsation has ceased in the radial or other arteries. -Confirming heart and respiratory sounds are not heard with the use of a stethoscope or with the ear applied directly over the heart. When documents have been obtained for a customer (such as certified copies of a death certificate), or supplied by a customer to a funeral director (such as military discharge records) the law requires.. They be given or returned to the customer within 1 week after the funeral. If the document is not in the possession of the funeral director or firm, they must be given to the customer as soon as the funeral director or firm does have or take possession. Funeral arrangements by telephone NO law that prohibits making funeral arrangements by telephone What activities can ONLY licensed and registered funeral directors do? - Make funeral arrangements: At-Need or Pre-Need - Sign documents that by law require a funeral directors signature - Own a funeral firm, establishment, or home - Manage a funeral firm, establishment, or home - Perform funeral service duties outside the state Do you need a burial transit permit for the initial removal to any NYS location? you do not need a burial transit permit Are there any restrictions on who may pick up cremated remains from the crematory? NO restrictions for pick up A registered resident may only perform their duties... within the state of New York How many cases must a funeral firm handle during a residents 12 month residency period? 40 cases The 40 cases exclude stillborn fetuses and cases serviced or handles for other funeral firms (trade calls). Residency Program Requirements - The residency must be of a grade and character satisfactory to the state. - Residents must serve for a minimum of 1 year - Residents must serve a full-time work schedule, sufficient in scope to include training in all aspects of funeral service - The resident and supervising manager or sponsor must jointly file quarterly reports with the state. These are due immediately at the conclusion of each quarter and require the signature of both the resident and the manager or sponsor before being mailed to the Bureau of Funeral Directing. A copy of the quarterly report must be sent to the appropriate DOH area office representative within 10 days following the end of the quarter. - The resident, manager, or sponsor must report any change in manager or sponsor, or the discontinuance or completion of residency, within 10 days. - After or during the 1 year residency, the state may direct the registered resident and/or the manager or sponsor, to appear for an oral interview to determine the resident's qualifications for full licensure. When does a residents quarterly report have to be sent in? Within 10 days following the end of the quarter If there's a change in manager/sponsor or discontinuance/ completion of residency, When must this be reported to the state? Within 10 days of knowing the change How many times a year is the NYS law exam offered? 3 times a year in January, May and September and administered on the state campus in Albany Disposition The care, disposal, transportation, burial, cremation, or embalming of the body of the deceased person. Disposal of cremated remains by placement in a tomb, mausoleum, crypt, niche in a columbarium or burial in a cemetery. For the purposes of the disposition of unclaimed veterans remains the term does not include the scattering or cremated remains. Fiduciary An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit. Person A natural person 18 years of age or older Written Instrument A legal term used to identify a formally executed signed written document. Power of Attorney (POA) Document A legal instrument used by one person (called the Principal) to delegate legal authority to another person (called an Attorney-in-Fact), to make property, financial, or other legal decisions on their behalf. A person with authority over the affairs of another by means of Power of Attorney CEASES to have such authority... Once the person they represent has died The person in control of disposition may seek to recover... CONTINUED...