S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10089
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to authorizing funer-
   al directing apprenticeships as an alternative to  licensing  examina-
   tions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3422-a to read as follows:
   §  3422-A.  FUNERAL DIRECTING; APPRENTICESHIP. 1. THE DEPARTMENT SHALL
 DEVELOP CRITERIA FOR FUNERAL DIRECTOR  APPRENTICESHIPS  FOR  INDIVIDUALS
 WHO  HAVE  SUCCESSFULLY  COMPLETED A COURSE OF COLLEGIATE LEVEL STUDY IN
 FUNERAL SERVICE. SUCH APPRENTICESHIP SHALL SERVE AS  AN  ALTERNATIVE  TO
 THE  EXAMINATIONS  REQUIRED  FOR  LICENSURE  AS A FUNERAL DIRECTOR UNDER
 SECTION THIRTY-FOUR HUNDRED TWENTY-ONE OF THIS  TITLE.  TO  SATISFY  THE
 REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION THIRTY-FOUR
 HUNDRED  TWENTY-ONE  OF  THIS  TITLE,  A FUNERAL DIRECTOR APPRENTICESHIP
 SHALL BE CERTIFIED BY THE DEPARTMENT.
   2. A FUNERAL DIRECTOR APPRENTICESHIP CERTIFIED UNDER  SUBDIVISION  ONE
 OF THIS SECTION SHALL:
   (A)  CONSIST  OF  A ONE- TO FOUR-YEAR APPRENTICESHIP, INCLUDING A ONE-
 YEAR RESIDENCY AS REQUIRED UNDER SUBPARAGRAPH (III) OF PARAGRAPH (B)  OF
 SUBDIVISION  FOUR  OF  SECTION  THIRTY-FOUR  HUNDRED  TWENTY-ONE OF THIS
 TITLE;
   (B) BE LED BY A LICENSED FUNERAL DIRECTOR; AND
   (C) INCLUDE SPECIALIZED CURRICULUM MODELS THAT ALIGN WITH THE  CONTENT
 AND  REQUIREMENTS  OF  THE  EXAMINATION  FOR LICENSURE UNDER THIS TITLE,
 WHICH SHALL COVER TOPICS INCLUDING, BUT NOT LIMITED TO, EMBALMING  TECH-
 NIQUES,  FUNERAL  ARRANGEMENT PROCEDURES, REGULATORY COMPLIANCE, ETHICS,
 INDUSTRY BEST PRACTICES, AND ANY  OTHER  TOPICS  AS  DETERMINED  BY  THE
 DEPARTMENT.
   3.  THE DEPARTMENT SHALL DEVELOP A PROCESS UNDER WHICH APPRENTICESHIPS
 MAY BE CERTIFIED UNDER SUBDIVISION ONE OF THIS SECTION, AND UNDER  WHICH
 INDIVIDUALS  MAY  APPLY FOR SUCH APPRENTICESHIPS. APPLICANTS ACCEPTED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15247-02-4
 A. 10089                            2
 
 AN APPRENTICESHIP SHALL BE ISSUED A CERTIFICATE  OF  REGISTRATION  WHICH
 SHALL BE POSTED IN SOME CONSPICUOUS PLACE IN THE PLACE OF BUSINESS WHERE
 SUCH APPRENTICESHIP WILL BE CONDUCTED.
   4.  AN  INDIVIDUAL  WHO HAS SATISFACTORILY COMPLETED AN APPRENTICESHIP
 UNDER THIS SECTION SHALL BE ISSUED A CERTIFICATE OF COMPLETION  OF  SUCH
 APPRENTICESHIP. SUCH CERTIFICATE OF COMPLETION SHALL QUALIFY AN INDIVID-
 UAL  TO  BE  LICENSED  AS  A  FUNERAL DIRECTOR UNDER SECTION THIRTY-FOUR
 HUNDRED TWENTY-ONE OF THIS TITLE, AND  AS  AN  UNDERTAKER  AND  EMBALMER
 UNDER SECTION THIRTY-FOUR HUNDRED TWENTY-THREE OF THIS TITLE.
   § 2. Subdivisions 1, 2 and 4 of section 3421 of the public health law,
 as amended by chapter 534 of the laws of 1983, paragraph (a) of subdivi-
 sion  2  as amended by chapter 669 of the laws of 2022 and paragraph (c)
 of subdivision 2 and paragraph (b) of subdivision 4 as amended by  chap-
 ter 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, OR
 AN APPRENTICESHIP APPROVED BY THE DEPARTMENT, to  determine  [his]  SUCH
 APPLICANT'S knowledge and fitness therefor, as required by this article.
 No person shall be permitted to enter funeral director school, apply for
 a  funeral  directing examination, APPLY FOR A FUNERAL DIRECTING APPREN-
 TICESHIP, or apply for a funeral directing license without submitting to
 the department satisfactory evidence of good moral character.
   2. Except as provided  in  subdivision  three  OF  THIS  SECTION,  the
 department  shall  admit  to  examination, OR TO AN APPRENTICESHIP UNDER
 SECTION THIRTY-FOUR HUNDRED TWENTY-TWO-A OF THIS  TITLE,  any  applicant
 who  pays  a  fee  of  forty dollars and submits evidence subscribed and
 affirmed as true under the penalties of perjury and satisfactory to  the
 department that the applicant:
   (a)  is a citizen of the United States or a noncitizen lawfully admit-
 ted for permanent residence in the United States;
   (b) has satisfactorily completed a course of collegiate level study in
 funeral service, the curriculum  of  which  has  been  approved  by  the
 department,  consisting of not less than ninety quarter credits or sixty
 semester credits in an  institution  or  institutions  approved  by  the
 department or an accrediting agency recognized by the department;
   (c)  has  upon entering an approved institution as herein provided for
 the purpose of beginning [his] SUCH APPLICANT'S funeral  service  study,
 registered  as  a student with the department upon a form to be provided
 by the department, and has paid to the department a registration fee  of
 fifty dollars.
   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)  (I)  who shall have successfully passed the examination as herein
 provided in subdivision one of this section[, and];
   [(b)] (II) who pays a fee of one hundred twenty-five dollars[, and];
   [(c)] (III) who, after having passed such examination,  serves  a  one
 year  period  as  a  registered resident in a manner satisfactory to the
 department[,]; and
   [(d)] (IV) who, has passed a second examination after  or  during  the
 serving of a one year period as a registered resident. The said examina-
 tion 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[.]; OR
   (B)  (I) WHO SHALL HAVE SUCCESSFULLY COMPLETED AN APPRENTICESHIP UNDER
 SECTION THIRTY-FOUR HUNDRED TWENTY-TWO-A OF THIS TITLE;
 A. 10089                            3
 
   (II) WHO PAYS A FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS; AND
   (III) WHO, AS PART OF SUCH APPRENTICESHIP, SERVES A ONE-YEAR PERIOD AS
 A REGISTERED RESIDENT IN A MANNER SATISFACTORY TO THE DEPARTMENT.
   §  3. Section 3423 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. THE DEPARTMENT SHALL ISSUE AN UNDERTAKER  OR  EMBALMER  LICENSE  TO
 THOSE WHO, UPON PAYMENT OF A FEE OF TEN DOLLARS, SUCCESSFULLY COMPLETE A
 FUNERAL DIRECTING APPRENTICESHIP UNDER SECTION THIRTY-FOUR HUNDRED TWEN-
 TY-TWO-A OF THIS TITLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.