§ 3422. Funeral directing; licensing examinations; content; procedure.
1. The commissioner shall determine the subjects of examination of
applicants for license to practice funeral directing, undertaking or
embalming, and the scope, content and character, of such examinations
which in any examination shall be the same for all candidates.

2. Examinations shall be held twice in each year.

3. A candidate who fails to attain a passing grade on his or her
licensing examination is entitled to a maximum of three re-examinations;
provided, however, that if such candidate fails to attain a passing
grade within three years after completion of his or her training, he or
she must requalify in accordance with the provisions of the public
health law and rules and regulations promulgated thereunder existing and
in force as of the date of subsequent application for licensing
examination, except that a satisfactorily completed required course of
study need not be recompleted. A candidate inducted into the armed
forces of the United States during or after completion of training may
(a) after honorable discharge or (b) after a discharge other than bad
conduct or dishonorable where the candidate (i) has a qualifying
condition, as defined in section one of the veterans' services law, or
(ii) is a discharged LGBT veteran, as defined in section one of the
veterans' services law, and upon proper application as required by the
department be eligible for an exemption with respect to time served in
such service.

4. Following the close of every written examination prepared and
administered by the department the questions submitted and the answers
made thereto by the applicant together with a record stating in detail
the result of the examination for each candidate shall be kept by the
department for a period of one year. These may be destroyed at the end
of such period.