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

                                   549

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JACOBS, DINOWITZ -- Multi-Sponsored by -- M. of
  A. WEISENBERG -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to prohibited use  of
  names in funeral directing

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

  Section 1. Section 3443 of the public health law is amended to read as
follows:
  S 3443. Funeral directing; use of names; unlicensed persons  prohibit-
ed.  1. (A) The name of any living person who has not been duly licensed
and is not duly registered as specified in this article shall not be
  [(a)] (I) shown or displayed upon or in any funeral establishment; or,
  [(b)]  (II) used alone, in, as part of, or in connection, association,
combination, or together with the name or title  of  any  person,  firm,
corporation  or  other  form of enterprise engaged in funeral directing,
undertaking, or embalming or maintaining a  mortuary,  funeral  home  or
other  similar  establishment  or using in connection with such name and
practice, the words funeral director, mortician,  undertaker,  embalmer,
or  any  other  title or words of similar meaning or import on any card,
sign, stationery, or other printed, engraved or  written  instrument  or
device or in any public or private announcement or advertisement; or,
  [(c)]  (III)  used  in  any  manner  as  to  give  or tend to give the
impression that such person is licensed or  practicing  or  entitled  to
practice as a funeral director, undertaker, or embalmer.
  (B)  NOTWITHSTANDING  THE  PROHIBITIONS  CONTAINED IN PARAGRAPH (A) OF
THIS SUBDIVISION, THE USE OF NAMES OF VOLUNTEER MEMBERS OF THE BOARD  OF
DIRECTORS   BY   FUNERAL   ESTABLISHMENTS   THAT   ARE  INCORPORATED  AS
NOT-FOR-PROFIT CORPORATIONS AND THAT SERVE THE GENERAL PUBLIC SHALL  NOT
BE  PROHIBITED, PROVIDED THAT WHENEVER APPEARING, SUCH NAMES ARE IDENTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02149-01-9
              

A. 549                              2

FIED AS UNLICENSED AND UNREGISTERED INDIVIDUALS WHO SERVE VOLUNTARILY ON
THE BOARD OF DIRECTORS.
  2.  A  person  who holds a license as a funeral director or undertaker
and is registered as required herein may hold himself out and  advertise
as a funeral director, undertaker, or mortician.
  S 2. This act shall take effect immediately.