Section 3429. Continuing education for funeral directors

1. Definitions. As
  used in this section:
    (a)   "Biennium"   means  any  two-year  period  for  registration  of
  individuals licensed to practice funeral directing or embalming in  this
  state  pursuant  to  section three thousand four hundred twenty-eight of
  this title;
    (b) "Continuing education" means a course of instruction in a field of
  funeral directing, within the subjects listed  in  subdivision  five  of
  this  section, taught by a provider registered with the department under
  subdivision four of this section;
    (c) "Contact hour" means a period of between fifty and sixty  minutes,
  continuously measured;
    (d)  "Provider"  means a national, state or local trade association of
  funeral directors, a school for funeral directors approved under section
  three thousand four hundred twenty-five of this title or, with prior  or
  provisional   approval   of  course  content  by  the  department  under
  subdivision four of this  section,  any  other  person  or  organization
  desiring to offer continuing education;
    (e) "Trade association" means an organization, whether incorporated or
  not,  whose primary class of members consists of ten or more firms under
  separate ownerships or twenty individuals in different  employment,  all
  registered  under  section  three  thousand four hundred twenty-eight of
  this title in an aspect of funeral service, which has been organized and
  maintained for at least two years prior to offering continuing education
  under this section for the collective benefit of its members.
    2.  Requirement.  (a)  Every  person  who  renews  a  certificate   of
  registration  under  section three thousand four hundred twenty-eight of
  this title shall file  with  the  department,  along  with  his  or  her
  biennial  application  for  renewal,  a  certification  attesting to the
  course or programs of instruction taken and  successfully  completed  by
  such person and which clearly demonstrates that the person has completed
  the  minimum  number of hours of continuing education within the current
  biennium as set forth in subdivision three of this section.
    (b) The department shall provide  a  certification  form  which  shall
  require the following information:
    (i) Applicant's full name and registration number;
    (ii)  Applicant's statement that he or she attended a specified number
  of hours of continuing education within the current biennium, consisting
  of courses identified by sponsor, date, location, and length of time  in
  hours; and
    (iii) Applicant's signature and date.
    (c) This subdivision shall not apply to a funeral director, undertaker
  or  embalmer  who is an inactive registrant pursuant to subdivision nine
  of section three thousand four hundred twenty-eight of this title.
    3. Minimum hours. The minimum hours of continuing education  which  an
  individual renewing registration must complete are:
    (a)  to renew for the first biennium commencing on June thirtieth, two
  thousand two, six hours within the current biennium concluding  on  such
  date.
    (b)  to  renew  for  all  subsequent biennia, twelve hours within each
  biennium, including at least two hours relating to applicable  New  York
  state  laws  and  regulations affecting funeral directing, embalming and
  preneed services, which may be provided by the department or a  provider
  registered  pursuant  to  the  provisions  of  subdivision  four of this
  section.
    4. Provider registration; course content approval. (a) Any person  who
  is  a provider and who desires to offer continuing education shall first
  register with the department and pay a registration fee of  one  hundred

  fifty  dollars  for  the  first biennium. A provider once registered may
  renew the registration for subsequent biennia for a fee of  seventy-five
  dollars  per  biennium.  The provider shall submit with its registration
  fee   an   affidavit   which  includes  the  following  information  and
  statements:
    (i) Provider's name, address, telephone number, and, when known, names
  of individual instructors;
    (ii) Provider's agreement to accept periodic monitoring of its courses
  by the department;
    (iii) Provider's certification that the contents of  each  course  are
  within the scope of subdivision five of this section;
    (iv)  Provider's commitment to verify attendance at each course and to
  maintain attendance records for department inspection for five years;
    (v) Provider's commitment to establish a mechanism  whereby  licensees
  may evaluate the quality and content of each course taken as well as the
  provider's  overall  program  when requested to do so by the department,
  and to maintain records of such evaluations  for  department  inspection
  for five years;
    (vi) Provider's agreement to submit to the department such evidence as
  is necessary to establish compliance with this section;
    (vii)  Provider's acknowledgment that disapproval by the department of
  a particular course or revocation of  the  provider's  registration  may
  result  in  nonrecognition  of  hours  of continuing education from that
  provider; and
    (viii) Provider's signature and date  and  verification  by  a  notary
  public.
    (b)  A  registered provider which is required to obtain prior approval
  of courses shall submit to the department a written description of  each
  course for which approval is requested, at least sixty days prior to the
  first  date  the  course  is  to  be offered. If the department does not
  disapprove the proposed course within ninety days of its receipt of  the
  written  description  and  request  for  approval,  the  course shall be
  considered approved provisionally for  six  months.  Following  the  six
  months  of  provisional  approval,  the  department  may  make  a  final
  determination   disapproving   the    course.    Notwithstanding    such
  determination,  however,  any  individuals  licensed pursuant to section
  three thousand four hundred twenty-eight of  this  title  shall  receive
  full  continuing education credit for any course taken during the period
  of provisional approval to fulfill the requirements of this section.
    (c) Any provider registered to offer continuing education  under  this
  section  shall  require  each  person  taking  instruction to display or
  provide, prior to  admission  or  before  the  initiation  of  any  such
  instruction,  personal photo identification in the form of an automobile
  driver's  license,  passport  or  any  other  similar  form   of   photo
  identification  issued  by a governmental entity, or a trade association
  as defined in this  section.  The  provider  may  allow  the  use  of  a
  photocopy of such identification for computer-based or distance learning
  instruction.
    (d)  The  department  may  impose  a fine of no less than the biennial
  registration fee upon a provider who violates  the  provisions  of  this
  section. For a second violation, the department may impose an additional
  fine  of up to five hundred dollars and suspend the registration for the
  balance of the biennium.  Nothing  herein  shall  prevent  the  attorney
  general  from  bringing  a  civil  action  against any provider offering
  continuing education courses without the prior or  provisional  approval
  of the department.
    (e) Registered provider status may be revoked by the department if the
  reporting requirements contained in this section are not met or, if upon

  review of the provider's performance, the department determines that the
  content of the course materials, the quality of the continuing education
  activities  or the provider's performance does not meet the requirements
  set  forth herein. In such event, the department shall send the provider
  by ordinary mail a notice  of  revocation.  The  revocation  shall  take
  effect  no  less than sixty days from the date such mailed revocation is
  postmarked. The provider may request a review of  such  revocation,  and
  the  department  shall  determine  the  request  within thirty days. The
  decision of the department shall be final after such review.
    (f) Section twelve of this chapter shall not apply  to  this  section;
  provided,  however,  that  any action by the department in suspending or
  revoking a provider registration in  accordance  with  this  subdivision
  shall  be  reviewable  by  the  supreme  court  of the state of New York
  pursuant to  the  provisions  of  article  seventy-eight  of  the  civil
  practice law and rules.
    5.  Subjects  of  continuing  education.  The  subjects  of continuing
  education may be one or  more  of  the  following:  aftercare,  business
  administration,  religion,  natural  sciences, management services, data
  processing, organ procurement, preneed services, jurisprudence (federal,
  state, and local),  restorative  arts  and  embalming,  funeral  service
  counseling,  funeral  customs,  sanitation  and  infection  control, and
  hospice and similar outreach programs.
    6. Credit for preparation. A licensed funeral director may earn up  to
  two  hours  of  continuing  education  credit  for  preparing an hour of
  continuing education that he or she then teaches, and may earn the  hour
  solely  for  teaching that material the first time. No one may earn more
  than six hours per biennium for preparation and teaching.
    7. Classroom time; minimum percentage. A funeral director  shall  take
  at  least  fifty  percent  of  his continuing education requirement each
  biennium in the  form  of  receiving  live  classroom  instruction.  The
  remainder   may   be  in  other  forms  such  as  videotape,  audiotape,
  teleconference, satellite seminars,  internet  coursework,  credits  for
  preparation, or correspondence coursework.
    8.  Licensees  in other states. A funeral director licensed as such by
  the state of New York who is maintaining his or her registration in this
  state while residing in another state is subject to the requirements  of
  this  section.  The  department may grant a non-resident licensee credit
  for continuing education as required by the state in which such licensee
  resides, provided the department  deems  them  equivalent  to  New  York
  continuing education requirements as set forth herein.
    9. Late filing; fines; grace period. (a) The department shall impose a
  fine  equal to the biennial registration fee upon a registrant who fails
  to file the  certification  of  continuing  education  within  the  time
  prescribed  under  subdivision  two  of this section, for the first such
  late filing. The department shall also allow such a registrant  a  grace
  period  of one hundred twenty days into the biennium to comply with this
  section and to file the certification. After one  hundred  twenty  days,
  the  department  shall  suspend  the registration for the balance of the
  biennium.
    (b) A registrant who violates the filing requirements and deadlines of
  this  section  a  second  time  shall,  upon  that  and  any  subsequent
  violations,  be  subject  to  an  additional  fine  of no more than five
  hundred dollars and suspension as the department may impose.
    (c) A person who holds an inactive  certificate  of  registration  who
  wishes  to  reinstate an active registration shall complete twelve hours
  of continuing education prior to obtaining such active registration.
    (d) A person whose registration has been suspended by  the  department
  for  violating the filing requirements contained in this subdivision and

  who wishes to gain reinstatement of  such  registration  shall  complete
  twelve  hours of continuing education and pay a reinstatement fee of two
  hundred fifty dollars to the department prior to obtaining reinstatement
  of such registration.
    (e)  With  respect  to paragraphs (a) and (b) of this subdivision, the
  department shall send the  registrant  by  ordinary  mail  a  notice  of
  suspension.  The  suspension  shall  take effect no less than sixty days
  from the date such mailed suspension is postmarked.
    10. Funeral directors shall be exempt from  the  mandatory  continuing
  education  requirements  prescribed herein for the biennium during which
  they are first licensed.
    11. Enforcement. (a) The department may not renew the registration  of
  a licensed funeral director who has not complied with this section.
    (b) The department may audit at random the certifications of licensees
  and  the  affidavits  of  providers,  and  may  suspend  or  revoke  the
  registration and/or license of a person who has knowingly made  a  false
  statement under oath.