NY State Senate Bill 2017-S4367A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2018	print number 4367a
Jan 12, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Feb 10, 2017	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4367 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3421, 3425, 3426 & 3428, Pub Health L

2017-S4367 - Summary

Amends requirements for licensure to practice funeral directing to include national assessment standards and permits practice by persons with valid work permits.

2017-S4367 - Sponsor Memo

                                 BILL NUMBER:  S4367

 TITLE OF BILL :  An act to amend the public health law, in relation
to the practice of funeral directing

 PURPOSE OR GENERAL IDEA OF BILL :

To afford more qualified individuals the opportunity to be licensed as
a funeral director in New York State.

 SUMMARY OF PROVISIONS :

Section one of this bill amends subdivisions one and four of section
3421 of the Public Health Law to add additional examinations as
qualifying exams so long as such examination meet the standards
established by either, the International Conference of Funeral
Services Examining Board or the American Board of Funeral Service
Education.

Additionally, the Department will be required issue a license to
applicants who have passed the examination, paid the required fee, and
have a valid license or certification to practice as a funeral
director or embalmer in another state, as long as they meet the
education and experience requirements and can provide documentation to
verify their qualification. Furthermore, applicants who have passed an
examination on the New York State laws, rules and regulations relating

to funeral directing shall qualify to receive their license from the
department.

Section two of this bill amends subdivision 5 of section 3425 of the
Public Health Law to allow the commissioner to accept the
certification of accreditation of an accredited school of funeral
service or mortuary science education issued by a nationally
recognized accrediting agency.

Section Three of this bill amends subdivisions (a) and (b) of section
3426 of the Public Health Law to allow other states to maintain a
system and standard of qualification and examination for funeral
director license, which is equivalent or greater to those required in
New York State. This section also provides other states to recognize
and endorse New York State's licenses unless their licenses are
substantially greater.

Section four of this bill amends subdivision 2 of section 3428 of the
Public Health Law to add a new paragraph (f) which provides the
department to issue photo identification cards to any undertaker,
embalmer, or funeral director who pays the required registration fee.

Section five of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

It is vital New York State licenses well-rounded and competent funeral
directors that can provide great services. This bill would expand
without eroding the State's standards for funeral director licensure
by allowing those who have passed licensure tests created using
similar standards to New York's current standard to apply for
licensure in New York.

This legislation would help provide New York State a vast pool of
highly qualified applicants from across the country to serve our
residents.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4367 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4367
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  practice  of
   funeral directing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 4 of section 3421 of the  public  health
 law,  as  amended  by  chapter 534 of the laws of 1983, paragraph (b) of
 subdivision 4 as amended by chapter 529 of the laws of 2000, are amended
 to read as follows:
   1. In order to be licensed, an applicant for licensure  shall  pass  a
 funeral  directing examination prepared or approved by the department to
 determine his knowledge and fitness therefor, as required by this  arti-
 cle,  PROVIDED  THAT  THE EXAM MEETS THE SAME QUALIFICATION STANDARDS AS
 EITHER THE NATIONAL BOARD EXAM GIVEN BY THE INTERNATIONAL CONFERENCE  OF
 FUNERAL  SERVICE  EXAMINING  BOARDS OR AN EXAM RECOGNIZED OR ACCEPTED BY
 THE AMERICAN BOARD OF FUNERAL SERVICE EDUCATION FOR  THE  ASSESSMENT  OF
 CONTENT KNOWLEDGE NEEDED TO ENGAGE IN THE PRACTICE OF FUNERAL DIRECTING,
 UNDERTAKING OR EMBALMING.  No person shall be permitted to enter funeral
 director  school, apply for a funeral directing examination or apply for
 a funeral directing license without submitting to the department  satis-
 factory evidence of good moral character.
   4.  The department shall issue a license to practice funeral directing
 to an applicant for such license on the basis of  the  following  proce-
 dures:
   (a)  who  shall  have  successfully  passed  the examination as herein
 provided in subdivision one of this section, and
   (b) who pays a fee of one hundred twenty-five dollars, and
   (c) who, after having passed such examination, serves a one year peri-
 od as a registered resident in a manner satisfactory to  the  department
 OR,  IN  LIEU  OF  SERVING  A RESIDENCY HOLDS A VALID LICENSE OR CERTIF-

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

                                                            LBD06474-02-7

 S. 4367                             2
 
 ICATION TO PRACTICE AS A FUNERAL DIRECTOR OR EMBALMER IN  ANOTHER  STATE
 OR POSSESSION OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, PROVIDED
 THAT  THE  APPLICANT  HAS  MET  EDUCATION  AND  EXPERIENCE  REQUIREMENTS
 SUBSTANTIALLY  EQUIVALENT  TO THE REQUIREMENTS SET FORTH IN THIS SECTION
 AND CAN PROVIDE DOCUMENTATION VERIFYING THAT HE OR SHE HAS BEEN ACTIVELY
 ENGAGED IN THE PRACTICE OF MORTUARY SCIENCE FOR AT  LEAST  THE  PREVIOUS
 THREE YEARS, and
   (d)  who[,]  has  passed [a second] AN examination after or during the
 serving of a one year period as a registered resident,  OR  IN  LIEU  OF
 SERVING  A ONE YEAR PERIOD AS A REGISTERED RESIDENT, HAS PROVIDED SATIS-
 FACTORY EVIDENCE THAT HE OR SHE HAS MET THE  EDUCATION,  EXPERIENCE  AND
 PREVIOUS  WORK  REQUIREMENTS PRESCRIBED BY THIS SECTION.  The said exam-
 ination shall be on the New  York  state  laws,  rules  and  regulations
 relating  to  funeral directing and shall be prepared or approved by the
 department of health.
   § 2. Subdivision 5 of section 3425 of the public health law, as  added
 by chapter 534 of the laws of 1983, is amended to read as follows:
   5. The commissioner may, in lieu of the foregoing approval procedures,
 accept  the  certification  of  accreditation OF AN ACCREDITED SCHOOL OF
 FUNERAL  SERVICE  OR  MORTUARY  SCIENCE  EDUCATION  issued  by  [an]   A
 NATIONALLY   RECOGNIZED  accrediting  [organization  recognized  by  the
 department of health] AGENCY THAT IS INCLUDED IN THE LIST OF SUCH  AGEN-
 CIES PUBLISHED BY THE UNITED STATES SECRETARY OF EDUCATION.
   §  3.  Subdivisions  (a)  and (b) of section 3426 of the public health
 law, as amended by chapter 103 of the laws of 1981, are amended to  read
 as follows:
   (a)  that  such  other  state  or  political subdivision of the United
 States maintains a system and standard of qualification and  examination
 for  funeral  director  license,  which  is  substantially equivalent OR
 GREATER to those required in this state; and,
   (b) that such other state  or  political  subdivision  of  the  United
 States  gives  similar  recognition  and endorsement to licenses of this
 state UNLESS THEY ARE SUBSTANTIALLY GREATER THAN THOSE REQUIRED IN  THIS
 STATE; and,
   § 4. Subdivision 2 of section 3428 of the public health law is amended
 by adding a new paragraph (f) to read as follows:
   (F)  THE  DEPARTMENT  SHALL ISSUE A POCKET IDENTIFICATION CARD FOR THE
 BIENNIAL PERIOD TO ANY UNDERTAKER, EMBALMER,  OR  FUNERAL  DIRECTOR  WHO
 PAYS  THE REQUIRED REGISTRATION FEE, WHICH SHALL INCLUDE A PHOTOGRAPH OF
 SUCH UNDERTAKER, EMBALMER OR FUNERAL DIRECTOR.
   § 5. This act shall take effect immediately.

co-Sponsors

2017-S4367A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3421, 3425, 3426 & 3428, Pub Health L

2017-S4367A (ACTIVE) - Summary

Amends requirements for licensure to practice funeral directing to include national assessment standards and permits practice by persons with valid work permits.

2017-S4367A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4367A

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the public health law, in relation to the practice of
funeral directing

 
PURPOSE OR GENERAL IDEA OF BILL:

To afford more qualified individuals the opportunity to be licensed as a
funeral director in New York State.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions one and four of section
3421 of the Public Health Law to add additional examinations as qualify-
ing exams so long as such examination meet the standards established by
either, the International Conference of Funeral Services Examining Board
or the American Board of Funeral Service Education.

Additionally, the Department will be required issue a license to appli-
cants who have passed the examination, paid the required fee, and have a
valid license or certification to practice as a funeral director or
embalmer in another state, as long as they meet the education and expe-
rience requirements and can provide documentation to verify their quali-
fication. Furthermore, applicants who have passed an examination on the
New York State laws, rules and regulations relating to funeral directing
shall qualify to receive their license from the department.

Section two of this bill amends subdivision 5 of section 3425 of the
Public Health Law to allow the commissioner to accept the certification
of accreditation of an accredited school of funeral service or mortuary
science education issued by a nationally recognized accrediting agency
that is included in the list of such agencies published by the United
States Secretary of Education

Section Three of this bill amends subdivisions (a) and (b) of section
3426 of the Public Health Law to allow other states to maintain a system
and standard of qualification and examination for funeral director
license, which is equivalent or greater to those required in New York
State. This section also provides other states to recognize and endorse
New York State's licenses unless their licenses are substantially great-
er to those required in this state.

Section four of this bill amends subdivision 2 of section 3428 of the
Public Health Law to add a new paragraph (f) which provides the Depart-
ment to issue photo identification cards to any undertaker, embalmer, or
funeral director who pays the required registration fee.  Once issued,
the licensee assumes the right of possession of his or her license which
can only be revoked, rescinded or suspended by specific violation of
state law or regulation by the licensee as it pertains to the business
of funeral directing, and only after timely notification and due process
by the bureau of funeral directing, the commissioner, or his or her
appointed representative.

Section five of this bill provides that this act shall take effect imme-
diately.

 
JUSTIFICATION:

It is vital New York State licenses well-rounded and competent funeral
directors that can provide great services. This bill would expand with-
out eroding the State's standards for funeral director licensure by
allowing those who have passed licensure tests created using similar
standards to New York's current standard to apply for licensure in New
York.

This legislation would help provide New York State a vast pool of highly
qualified applicants from across the country to serve our residents.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.4367 - Referred to Health

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S4367A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4367--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by Sens. GOLDEN, STAVISKY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend the public health law, in relation to the practice of
   funeral directing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 4 of section 3421 of the public health
 law, as amended by chapter 534 of the laws of  1983,  paragraph  (b)  of
 subdivision 4 as amended by chapter 529 of the laws of 2000, are amended
 to read as follows:
   1.  In  order  to be licensed, an applicant for licensure shall pass a
 funeral directing examination prepared or approved by the department  to
 determine  his knowledge and fitness therefor, as required by this arti-
 cle, PROVIDED THAT THE EXAM MEETS THE SAME  QUALIFICATION  STANDARDS  AS
 EITHER  THE NATIONAL BOARD EXAM GIVEN BY THE INTERNATIONAL CONFERENCE OF
 FUNERAL SERVICE EXAMINING BOARDS OR AN EXAM RECOGNIZED  OR  ACCEPTED  BY
 THE  AMERICAN  BOARD  OF FUNERAL SERVICE EDUCATION FOR THE ASSESSMENT OF
 CONTENT KNOWLEDGE NEEDED TO ENGAGE IN THE PRACTICE OF FUNERAL DIRECTING,
 UNDERTAKING OR EMBALMING.  No person shall be permitted to enter funeral
 director school, apply for a funeral directing examination or apply  for
 a  funeral directing license without submitting to the department satis-
 factory evidence of good moral character.
   4. The department shall issue a license to practice funeral  directing
 to  an  applicant  for such license on the basis of the following proce-
 dures:
   (a) who shall have  successfully  passed  the  examination  as  herein
 provided in subdivision one of this section, and
   (b) who pays a fee of one hundred twenty-five dollars, and

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

                                                            LBD06474-03-8

 S. 4367--A                          2
 
   (c) who, after having passed such examination, serves a one year peri-
 od  as  a registered resident in a manner satisfactory to the department
 OR, IN LIEU OF SERVING A RESIDENCY HOLDS  A  VALID  LICENSE  OR  CERTIF-
 ICATION  TO  PRACTICE AS A FUNERAL DIRECTOR OR EMBALMER IN ANOTHER STATE
 OR POSSESSION OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, PROVIDED
 THAT  THE  APPLICANT  HAS  MET  EDUCATION  AND  EXPERIENCE  REQUIREMENTS
 SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS SET FORTH IN  THIS  SECTION
 AND CAN PROVIDE DOCUMENTATION VERIFYING THAT HE OR SHE HAS BEEN ACTIVELY
 ENGAGED  IN  THE  PRACTICE OF MORTUARY SCIENCE FOR AT LEAST THE PREVIOUS
 THREE YEARS, and
   (d) who[,] has passed [a second] AN examination after  or  during  the
 serving  of  a  one  year period as a registered resident, OR IN LIEU OF
 SERVING A ONE YEAR PERIOD AS A REGISTERED RESIDENT, HAS PROVIDED  SATIS-
 FACTORY  EVIDENCE  THAT  HE OR SHE HAS MET THE EDUCATION, EXPERIENCE AND
 PREVIOUS WORK REQUIREMENTS PRESCRIBED BY THIS SECTION.   The said  exam-
 ination  shall  be  on  the  New  York state laws, rules and regulations
 relating to funeral directing and shall be prepared or approved  by  the
 department of health.
   §  2. Subdivision 5 of section 3425 of the public health law, as added
 by chapter 534 of the laws of 1983, is amended to read as follows:
   5. The commissioner may, in lieu of the foregoing approval procedures,
 accept the certification of accreditation OF  AN  ACCREDITED  SCHOOL  OF
 FUNERAL   SERVICE  OR  MORTUARY  SCIENCE  EDUCATION  issued  by  [an]  A
 NATIONALLY  RECOGNIZED  accrediting  [organization  recognized  by   the
 department  of health] AGENCY THAT IS INCLUDED IN THE LIST OF SUCH AGEN-
 CIES PUBLISHED BY THE UNITED STATES SECRETARY OF EDUCATION.
   § 3. Subdivisions (a) and (b) of section 3426  of  the  public  health
 law,  as amended by chapter 103 of the laws of 1981, are amended to read
 as follows:
   (a) that such other state  or  political  subdivision  of  the  United
 States  maintains a system and standard of qualification and examination
 for funeral director  license,  which  is  substantially  equivalent  OR
 GREATER to those required in this state; and,
   (b)  that  such  other  state  or  political subdivision of the United
 States gives similar recognition and endorsement  to  licenses  of  this
 state  UNLESS THEY ARE SUBSTANTIALLY GREATER THAN THOSE REQUIRED IN THIS
 STATE; and,
   § 4. Subdivision 2 of section 3428 of the public health law is amended
 by adding a new paragraph (f) to read as follows:
   (F) THE DEPARTMENT SHALL ISSUE A POCKET IDENTIFICATION  CARD  FOR  THE
 BIENNIAL  PERIOD  TO  ANY  UNDERTAKER, EMBALMER, OR FUNERAL DIRECTOR WHO
 PAYS THE REQUIRED REGISTRATION FEE, WHICH SHALL INCLUDE A PHOTOGRAPH  OF
 SUCH  UNDERTAKER, EMBALMER OR FUNERAL DIRECTOR.  ONCE ISSUED, THE LICEN-
 SEE ASSUMES THE RIGHT OF POSSESSION OF HIS OR HER LICENSE WHICH CAN ONLY
 BE REVOKED, RESCINDED OR SUSPENDED BY SPECIFIC VIOLATION OF STATE LAW OR
 REGULATION BY THE LICENSEE AS IT PERTAINS TO  THE  BUSINESS  OF  FUNERAL
 DIRECTING,  AND  ONLY  AFTER  TIMELY NOTIFICATION AND DUE PROCESS BY THE
 BUREAU OF FUNERAL DIRECTING, THE COMMISSIONER, OR HIS OR  HER  APPOINTED
 REPRESENTATIVE.
   § 5. This act shall take effect immediately.

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Senate Bill S4367A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2017-S4367 - Details

2017-S4367 - Summary

2017-S4367 - Sponsor Memo

2017-S4367 - Bill Text download pdf

co-Sponsors

2017-S4367A (ACTIVE) - Details

2017-S4367A (ACTIVE) - Summary

2017-S4367A (ACTIVE) - Sponsor Memo

2017-S4367A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

Toby Ann Stavisky

2017-S4367 - Details

2017-S4367 - Summary

2017-S4367 - Sponsor Memo

2017-S4367 - Bill Text download pdf

co-Sponsors

Toby Ann Stavisky

2017-S4367A (ACTIVE) - Details

2017-S4367A (ACTIVE) - Summary

2017-S4367A (ACTIVE) - Sponsor Memo

2017-S4367A (ACTIVE) - Bill Text download pdf

Comments