2023 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.