Relates to licensing and registration for funeral directors

Exempts "accredited" schools for funeral directors approved under section 3425 of the public health law and registered as a provider from requesting prior approval of courses from the state.

Justification

FUNERAL DIRECTOR EXAMINATION REQUIREMENT

To become a funeral director in New York State, one must attend a Qualified Mortuary School and be required to take a strict curriculum of courses. Upon completion of their Mortuary School Education students take the National Board Exam which is recognized by most states and many Foreign Countries as sufficient evidence for licensure. After taking and passing the National Exam a student in New York state must serve a year of residency with a funeral home to receive a funeral director's license.

New York State requires that a person must be either a citizen of the United States or an alien lawfully admitted for permanent residence in the united States in order to accept the qualifying results, and they must have been so at the time that they took the exam.

The qualifying exam results of students from foreign countries on United States Government issued Student and Work visas that attend the mortuary program, and who take the National Exam prior to becoming a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, are not accepted in New York State once the student becomes a citizen of the united States or an alien lawfully admitted for permanent residence in the united States since they were not so classified when they took the exam.

American Academy McAllister Institute of Funeral Service, an accredited funeral/mortuary school located in New York, finds that this is discriminatory to its foreign students that go on to become citizens of the United States or aliens lawfully admitted for permanent residence in the United States or have a Government issued Student or Work Visa. For no other reason other than the students were not citizens of the United States or aliens lawfully admitted for permanent residence in the united states when they took the exam, they are required to re-take it if they wish to practice funeral directing in the state of New York.

This law must be changed to allow Students· and Foreign workers who are lawfully admitted to the united states to also use their qualifying results of the National Exam.

Current state law also does not permit for one of the Federal Benefits that Funeral Service students on F-l Student Visas are entitled to; the opportunity to take advantage of optional practical Training once their degree is completed as a full time employee. students who obtain their degree in the united States may go on to be sponsored by their employer for an H-1B work visa, but cannot in New York since students on F-1 Student Visas are not aliens lawfully admitted for permanent residence in the united States and therefore are not entitled to become a funeral director or resident funeral director in New York state.

Many states have changed their requirements or have simplified wording as part of their qualifying requirements. The state of Rhode Island requires in its qualification for examination: "Be a citizen of the united States or have lawful entry into the country."

EXEMPTION OF ACCREDITED SCHOOLS FOR COURSE APPROVAL

"Accredited schools" are postsecondary educational institutions and programs that are accredited by an accrediting agency or state approval agency recognized by the U.S. Secretary of Education as a "reliable authority as to the quality of postsecondary education" within the meaning of the Higher Education Act of 1965, as amended (HEA).

Accredited funeral schools comply with their curriculum set forth by their Accrediting Board, the American Board of Funeral Service Education, Inc. As an educational institution it can be burdensome and cumbersome to seek approval from the state for each and every course and submit date specific times when courses are to be offered. Many states exempt accredited funeral schools from this arduous requirement and accept their National Accreditation as being sufficient to satisfy their State Continuing Education requirements. The State has provided for the opportunity for exemptions within the Law but has none specifically listed.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

Immediately.