Section 3441. Funeral firms; operation by licensed persons  


Latest version.
  • 1. No funeral
      firm shall be operated within the state unless:
        (a) if the owner is an individual, he shall be a duly licensed funeral
      director or undertaker; if the owner is a partnership organized  at  any
      time  after  the  seventh  day  of  April  in  the year nineteen hundred
      forty-four and first registered with the department after that date  all
      partners shall be duly licensed funeral directors or undertakers; if the
      owner  is  a  corporation,  or is a partnership organized and registered
      with the department before the seventh day of April in the year nineteen
      hundred forty-four and having any unlicensed partners, or is  the  legal
      representative of a deceased funeral director or undertaker, the manager
      registered with the department shall be a duly licensed funeral director
      or undertaker;
        (b)  the  owner  shall  biennially  register  with  the  department in
      accordance with the provisions of this article;
        (c) the certificate of registration issued  by  the  department  to  a
      funeral   firm   shall   be   conspicuously  displayed  at  the  funeral
      establishment for which the registration was issued;
        (d) the license of the registered manager of a registered firm,  shall
      be  conspicuously  displayed  at  the  establishment  for which the firm
      registration was issued;
        (e)  it  shall  be  under  the  immediate  and  personal  supervision,
      direction,  management,  and  control  of a licensed funeral director or
      undertaker, registered with the department, who shall not serve  as  the
      manager at more than one funeral establishment for more than one firm;
        (f)  all  funeral directing, undertaking, and embalming shall be under
      the immediate  and  personal  supervision,  direction,  management,  and
      control  of  a  duly licensed funeral director, undertaker and embalmer,
      respectively; and,
        (g) the operation thereof and the  maintenance  of  the  establishment
      shall conform to the rules and regulations of the department.
        2.  A  license  or  registration  certificate granted or issued by the
      department shall not be assignable or transferable.
        3. No funeral firm shall be  operated  or  located  on  real  property
      owned,  leased  or under the control of a cemetery corporation, a family
      cemetery corporation or a  private  cemetery  corporation;  or  on  real
      property dedicated for cemetery purposes or land adjacent thereto, which
      is  owned,  leased  or  under  the  control  of a religious corporation,
      county, town, village or municipal corporation.
        4. No funeral firm shall engage in  the  sale  or  cross-marketing  of
      goods  or services with any cemetery corporation. Such prohibition shall
      apply to any financial relationship and co-management between a  funeral
      firm  and  cemetery  corporation.  For the purposes of this subdivision,
      "cross-marketing" shall include, but not be  limited  to,  solicitation,
      provider  discounts  (except  as  authorized  by  the regulations of the
      commissioner), or carrying on business or affairs between a funeral firm
      and cemetery corporation.