Senate Bill S10258

                                 
BILL NUMBER: S10258

SPONSOR: BYNOE
 
TITLE OF BILL:

An act act to amend the public health law, in relation to authorizing
the remote administration of the funeral director licensing examination

 
PURPOSE:

The purpose of this bill is to authorize the Department of Health to
permit the funeral director licensing examination to be administered
remotely through secure, proctored technology, while maintaining in-per-
son examination options.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the legislative intent, which reads as follows:
"The legislature hereby finds and declares that expanding access to
professional licensure examinations through the use of secure remote
proctoring technologies promotes workforce entry while maintaining the
integrity and security of such examinations. It is the intent of the
              

legislature to authorize the department of health to permit the funeral
director licensing examination to be administered remotely, provided
that such administration maintains standards substantially equivalent to
in-person testing."

Section 2 amends subdivision 2 of section 3422 of the public health law
is amended to read as follows:  "2. Examinations shall be held at least
twice in each year, or more frequently as determined by the commission-
er, and may be administered in person, remotely pursuant to subdivision
five of this section, or through a combination of such methods."

Section 3 amends section 3422 of the public health law by adding a new
subdivision 5 to read as follows:

"5. Notwithstanding any provision of law to the contrary, the commis-
sioner may permit any examination authorized under this section, includ-
ing the funeral directing examination, to be administered remotely
through secure, proctored technology approved by the department.

(a) Such remote administration shall include measures to ensure the
integrity of the examination, including, but not limited to, identity
verification, audiovisual monitoring, and the protection of examination
materials.

(b) Nothing in this subdivision shall be construed to require the elimi-
nation of in-person examination options.

Section 4 establishes the effective date, which reads as follows:  This
act shall take effect on January 1, 2027. Effective immediately, the
commissioner is authorized to promulgate any rules and regulations
necessary for the timely implementation of this act.

 
JUSTIFICATION:

New York's funeral director licensing examination is currently adminis-
tered on a limited, scheduled basis at designated locations, and is
consistently held in Albany, creating unnecessary barriers for qualified
applicants, particularly those with employment or caregiving obli-
gations. Authorizing a remote option would reduce travel and scheduling
burdens while preserving the substance, rigor, and uniformity of the
examination.

Secure remote proctoring technologies are widely used across profes-
sional licensing contexts and incorporate safeguards such as identity
verification, audiovisual monitoring, and secure testing platforms to
ensure examination integrity. This bill does not alter the content,
standards, or scoring of the examination, but instead provides the
Department of Health with flexibility to modernize its administration
while maintaining protections equivalent to in-person testing and
preserving existing in-person options.

 
LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on January 1, 2027. Effective immediately,
the commissioner is authorized to promulgate any rules and regulations
necessary for the timely implementation of this act.