Relates to licensing and registration for funeral directors

Summary of provisions

Section 1 amends section 3421(2)(a) of the Public Health Law to provide that an applicant for a license as a funeral director shall only need to have lawful entry in the United States, and that he or she need not have been lawfully admitted for permanent residence.

Section 2 amends section 3429(1) of the Public Health Law by adding a new paragraph (f), defining "accredited school."

Section 3 amends section 3429(4)(b) of the Public Health Law to exempt accredited schools for funeral directors, as approved under section 3425 of the Public Health Law, from the requirement to obtain prior approval of courses offered.

Section 4 establishes the effective date.

Existing law

Under current law, mortuary students who are not United States citizens must be lawfully admitted for permanent residence in the United States to take the funeral directing examination necessary for licensure as a funeral director in New York State. Current law further requires providers of continuing education for funeral directors to obtain prior approval from the Department of Health with regard to the courses they intend to offer. There is currently no exemption for accredited schools for funeral directors, which have received certif- icates of approval under Public Health Law section 3425, from this requirement.

Justification

Funeral Director Examination Requirement:

An applicants to become a funeral director in New York State must attend a qualified mortuary school and there complete a strict curriculum of courses. Upon completion of Mortuary School Education, students take the National Board Exam, passage of which is recognized by most states and many foreign countries as sufficient for licensure. After taking and passing the National Exam, a student in New York State must complete a year of residency with a funeral home to receive a funeral director's license.

In order to sit for the National Board Exam, New York State requires that a person either have United States citizenship or, if an alien, be

lawfully admitted for permanent residence in the United States. As a result, 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 or attains status as an alien lawfully admitted for permanent residence.

This system unfairly discriminates against foreign students who, while in the United States lawfully, have not been admitted for permanent residence, or who have not attained citizenship. For no other reason than that they were not citizens of the United States or aliens lawfully admitted for permanent residence when they took the exam, these foreign students are. required to retake the exam to be able to operate as a funeral director in New York State. To ensure equal treatment of these similarly situated groups, the eligibility rules should be changed to allow foreign students who have lawfully entered the United States to also use their qualifying exam for the attaining licensure. This proposal is supported by the American Academy McAllister Institute of Funeral Service, an accredited funeral/mortuary school in New York.

Exemption from Prior Approval Requirement:

Section 3 of the bill exempts schools for funeral directors that have received certificates of approval under Public Health Law section 3425 from the prior approval requirement of Public Health Law section 3429(4)(b), which applies to providers of continuing legal education for funeral directors. Institutions that receive certificates of approval under Public Health Law section 3425 undergo extensive vetting to ensure that the education programs they offer' meet minimum quality standard. There is no need to further subject such institutions to the additional, burdensome requirement of obtaining prior approval for every course offered. This bill eliminates this requirement.

Legislative history

S.4130 of 2012 - Referred to Health both years

Fiscal implications

None.

Effective date

This act shall take effect immediately.