NY Pub Health L § 3441 (2021)
2021 New York Laws PBH - Public Health Article 34 - Funeral Directing Title 3 - Practice of Funeral Directing; Funeral Establishments 3441 - Funeral Firms; Operation by Licensed Persons.

§  3441.  Funeral  firms; operation by licensed persons. 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.