NY Pub Health L § 3450 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 4 - Enforcement and Discipline; Violations and Penalties 3450 - Suspension and Revocation of Licenses.

§ 3450. Suspension and revocation of licenses. 1. The commissioner may revoke  or  suspend  any  license  of  a funeral director, undertaker or embalmer and, if such licensee shall be the owner of, or a member  of  a partnership  owning,  a  funeral  firm  or  the  licensed and registered manager of a funeral firm owned by a  corporation,  any  certificate  of registration of such firm, or may reprimand or otherwise discipline such licensee  or  funeral  firm  in  accordance  with the provisions of this article  upon  proof  that  such  licensee  or,  in  the  case  of  such corporation,  that  the  corporation  or  one or more of its officers or directors or one or more of its stockholders or other persons, firms  or corporations having a ten per centum or greater proprietary, beneficial, equitable or credit interest therein:  (a)  has  violated any of the provisions of this article, the sanitary code, the rules and regulations of the commissioner or of  any  statute, code,  rule or regulation relating to the practice of funeral directing, embalming, or vital statistics;  (b) has been convicted of a crime;  (c) has practiced fraud, deceit or misrepresentation  in  securing  or procuring   a  license  or  admission  to  practice  funeral  directing, undertaking, or embalming;  (d) is incompetent to engage in the business or  practice  of  funeral directing,  undertaking,  or  embalming except that this provision shall not apply to an officer, director or stockholder  of,  or  other  person interested  in,  a  corporation owning a funeral firm unless he shall be the licensed and registered manager thereof;  (e) has practiced fraud, deceit, or misrepresentation in his  business or practice or in the business of such funeral firm;  (f) has committed acts of misconduct in the conduct of the business or practice  of  funeral  directing,  undertaking,  or  embalming or in the business of such funeral firm;  (g) is an habitual drunkard;  (h) is addicted to the use of morphine, opium, cocaine or other  drugs having a similar effect;  (i)  has  practiced  or  conducted  the  business of such funeral firm without biennial registration of his license or of such firm;  (j) has employed, hired, procured or induced  or  otherwise  aided  or abetted  any  person  not  licensed  or  registered  to practice or hold himself out as licensed, practicing,  or  entitled  to  practice  as  an undertaker, or embalmer, or funeral director;  (k)  has  wrongfully  transferred  or  surrendered  possession, either temporarily  or  permanently,  of  his   license   or   certificate   of registration  thereof  or  of  the  certificate  of registration of such funeral firm to any other person, partnership or corporation;  (l) has paid, given, has caused to be paid or given or offered to  pay or  to  give  to any person a commission or other valuable consideration for the solicitation or procurement, either directly or  indirectly,  of funeral  patronage, or has accepted any consideration (including without limitation a commission, rebate, or discount or direct or indirect price reduction on merchandise  from  the  current  value  thereof)  from  any financial  institution or trust company, or agent thereof, with whom the funeral director deposits funds paid for funeral services in advance  of need  pursuant to subdivision one of section four hundred fifty-three of the general business law except that the funeral  director  may  accept, from  the  financial  institution, trust company or agent thereof, up to twenty-five hundredths of  one  percent  of  the  fee  authorized  under paragraph  (b)  of subdivision three of section four hundred fifty-three of the general business law for administrative services provided by  the funeral  director,  or has accepted any consideration (including without  limitation a commission or gift) from any insurer or agent  thereof,  to sell,  offer  or  promote  the  sale of any policy of insurance payable, expressly or as marketed, at the death of the  insured  for  funeral  or burial expenses;  (m)   has   been   guilty   of  fraudulent,  misleading  or  deceptive advertising;  (n) has practiced funeral directing, undertaking or embalming, or  has conducted business as a funeral firm, under a false name;  (o)  has  impersonated  another  licensee or another funeral firm of a like or different name; or  (p) has failed to comply with requirements set forth in  section  four hundred fifty-three of the general business law, relating to moneys paid in connection with agreements for funeral merchandise in advance of need to  be  kept on deposit pending use or repayment except, that revocation and suspension shall apply only in the case where a funeral director  or funeral  firm  has  committed repeated violations of these provisions or has committed a violation of the  provisions  of  section  four  hundred fifty-three  of  the general business law relating to failure to deposit or hold moneys on deposit; failure to return such  moneys  and  interest thereon  upon  demand or upon the termination, cessation of operation or discontinuance of any funeral firm,  or  a  successor  in  interest;  or failure  to comply with the requirements of paragraph (b) of subdivision five of section four hundred fifty-three of  the  general  business  law regarding compliance by transferors who receive such moneys.   2. The commissioner shall also have power, and after due notice and an opportunity  to  be  heard,  to  revoke  or suspend the endorsement of a funeral director, undertaker or embalmer license issued  to  any  person pursuant  to  the  provisions  of  this article or any previous law upon evidence that the duly constituted authorities of any state or political subdivision of the United States have lawfully revoked or suspended  the funeral  director,  undertaker or embalmer license issued to such person by such state or political subdivision.   3. The action of the  commissioner  in  revoking  or  suspending  such license  or  certificate  of  registration of such funeral firm 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.   4. (a) A person convicted of a felony shall  forfeit  his  license  to practice  as  a  funeral  director,  undertaker,  or  embalmer, and upon presentation to the department of a certified copy  of  a  court  record showing that he has been convicted of a felony, that fact shall be noted on  the  record  of  license,  and the license shall be revoked, and the registration shall be cancelled.  (b) If such conviction be subsequently  reversed  on  appeal  and  the accused   acquitted  or  discharged,  his  license  shall  become  again operative from the date of such acquittal or discharge.  (c) The conviction  of  a  felony  aforementioned  shall  include  the conviction of a felony by any court in this state or by any court of the United  States  or by any court of any other state of the United States; provided, however, that if a crime of which the licensee is convicted by any court of the United States or by any court of any other state  is  a felony  in  the jurisdiction in which the conviction is had but is not a felony in the state of New York, then the conviction shall not be deemed a conviction of a felony for the purposes of this article. In the  event that  a  crime  of  which  the licensee is convicted by any court of the United States or by any court of any other state is not a felony in  the jurisdiction in which the conviction is had but is a felony in the state of  New  York,  then  the  conviction  shall be deemed a conviction of a felony for the purposes of this article.