BILL NUMBER: S8878

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act in relation to certain examinations taken by
funeral directors

 
PURPOSE:

This bill seeks to ensure that licensed funeral directors whose careers
are threatened due to non-renewal of their registrations as of June 30,
2018, will be able to continue practicing funeral directing without
interruption unless the New York State Department Health (DOH) deter-
mines, after notice and an agency hearing, that the licensee did indeed
commit misconduct with respect to obtaining their license or in admis-
sion to practice funeral directing.

 
SUMMARY OF PROVISIONS:

Section 1. Clarifies that any funeral director licensed to practice in
New York State at the time of application for the 2018-2020 biennial
renewal registration period or any subsequent period will be presumed to
              

have successfully passed the required National Board Exam (NBE) even if
the licensee had his or her exam score subsequently invalidated by the
International Conference of Funeral Service Examining Boards (ICFSEB)
after initial licensure.

This would not apply in cases where the Commissioner of DOH found, after
providing the applicant with due notice and a hearing, that such appli-
cant had committed fraud, deceit or misrepresentation in either obtain-
ing a license or in gaining admission to practice funeral directing.

Section 2. Would provide that this bill take effect immediately.

 
JUSTIFICATION:

The need for this bill ensuring the continuity of funeral directing in
New York State was starkly brought to light in January 2018 when DOH
notified almost 100 fully licensed, practicing funeral directors that
their licenses would not be granted registration for 2018-2020 as of
June 30 of this year due to improper action taken by their mortuary
school to share exam questions. DOH took this action based on the inval-
idation of their scores on the NBE, passage of which is required for
licensure. DOH had given this group of licensees only until June 30,
2018 to re-take and pass the NBE but which has now been extended until
December 31, 2018 through court action.

Many of these licensed professionals have been practicing funeral
directing and away from the test regimen for upwards of a decade and
forcing them to re-take this difficult exam without having been
presented with whatever evidence against them exists or without the
ability to challenge the allegations in a formal hearing would be gross-
ly unfair. In addition forcing them as an entire group to do so without
weighing any evidence would threaten the continuity and stability of the
provision of funeral services in this State.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.