S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8190

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2011
                               ___________

Introduced  by  M. of A. REILLY, CANESTRARI, MILLMAN, ORTIZ -- read once
  and referred to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  licensing  and
  registration for funeral directors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision  2  of  section  3421  of  the
public  health  law,  as  amended by chapter 534 of the laws of 1983, is
amended to read as follows:
  (a) is a citizen of the United States or [an alien  lawfully  admitted
for permanent residence] HAS LAWFUL ENTRY in the United States;
  S 2. Subdivision 1 of section 3429 of the public health law is amended
by adding a new paragraph (f) to read as follows:
  (F)  "ACCREDITED SCHOOL" MEANS A POSTSECONDARY EDUCATIONAL INSTITUTION
AND PROGRAMS THAT ARE ACCREDITED  BY  AN  ACCREDITING  AGENCY  OR  STATE
APPROVAL  AGENCY  RECOGNIZED BY THE UNITED STATES SECRETARY OF EDUCATION
AS A "RELIABLE AUTHORITY AS TO THE QUALITY OF  POSTSECONDARY  EDUCATION"
WITHIN  THE  MEANING  OF  THE  HIGHER  EDUCATION ACT OF 1965, AS AMENDED
(HEA).
  S 3. Paragraph (b) of subdivision 4 of  section  3429  of  the  public
health  law,  as added by chapter 529 of the laws of 2000, is amended to
read as follows:
  (b) A registered provider which is required to obtain  prior  approval
of  courses shall submit to the department a written description of each
course for which approval is requested, at least sixty days prior to the
first date the course is to be  offered.  If  the  department  does  not
disapprove  the proposed course within ninety days of its receipt of the
written description and  request  for  approval,  the  course  shall  be
considered  approved  provisionally  for  six  months. Following the six
months of provisional approval, the department may make a final determi-
nation disapproving  the  course.  Notwithstanding  such  determination,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10284-01-1
              

A. 8190                             2

however,  any  individuals  licensed  pursuant to section three thousand
four hundred twenty-eight of this title shall  receive  full  continuing
education  credit  for any course taken during the period of provisional
approval  to  fulfill  the  requirements of this section.  AN ACCREDITED
SCHOOL FOR FUNERAL DIRECTORS APPROVED UNDER SECTION THREE THOUSAND  FOUR
HUNDRED TWENTY-FIVE OF THIS TITLE AND REGISTERED AS A PROVIDER ACCORDING
TO THIS SECTION SHALL BE EXEMPT FROM REQUESTING PRIOR APPROVAL OF COURS-
ES OFFERED IN ACCORDANCE WITH THIS SECTION.
  S 4. This act shall take effect immediately.