N.Y. Public Health Law Section 3400
Funeral directing

  • definitions

As used in this article, unless otherwise stated, the following terms shall have the respective meanings hereinafter set forth or indicated:

(a)

“Funeral director” means a person to whom a valid license as such has been duly issued.

(b)

“Undertaker” means a person to whom a valid license as such has been duly issued.

(c)

“Embalmer” means a person to whom a valid license as such has been duly issued.

(d)

“Funeral directing” means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise.

(e)

“Undertaking” means the care, disposal, transportation, burial or cremation by any means other than embalming of the body of a deceased person.

(f)

“Embalming” means preparing, disinfecting and preserving, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition.

(g)

“Funeral establishment” means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.

(h)

“Burial” includes transportation and/or cremation.

(i)

“Advertisement” means the publication, dissemination, circulation, or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by radio or television or any other means.

(j)

“Funeral firm” means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing.

(k)

“Registered resident” means a person who passed a funeral directing examination and who is duly registered as such with the department while in the employ of a registered funeral firm and who is engaged in the practice of funeral directing under the supervision of a licensed funeral director or undertaker and embalmer; provided, however, that a registered resident shall not have authority to sign any form or document required by law which requires the signature of a licensed funeral director or make funeral arrangements or own or manage a funeral firm.

(l)

“Embalming fluid” means any chemicals or substances manufactured primarily for use by licensed funeral directors, undertakers or embalmers, or registered residents, to prepare, disinfect or preserve, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition.

Source: Section 3400 — Funeral directing; definitions, https://www.­nysenate.­gov/legislation/laws/PBH/3400 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 3400’s source at nysenate​.gov

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