2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 4 - Enforcement and Discipline; Violations and Penalties › 3455 - Violations; Prosecutions.

§ 3455. Violations; prosecutions. 1. Any person who shall:
(a)  obtain  or  attempt  to obtain or aid in obtaining any license or
certificate under this article by any false or fraudulent  statement  or
representation; or,
(b)  practice  as  a  funeral director, undertaker or embalmer without
having been issued a license or without having registered as required by
this article; or,
(c) being a funeral director, undertaker, or embalmer, aid and abet an
unlicensed  person  to  practice  funeral  directing,  undertaking,  and
embalming; or,
(d)  hold himself out as licensed or able to practice or as practicing
or entitled to practice without conformity to the requirements  of  this
article; or,
(e)  otherwise violate or neglect to comply with any of the provisions
of this article; or,
(f) being a funeral director, undertaker or  embalmer,  or  registered
resident,  knowingly  give,  sell,  permit to be sold, offer for sale or
display for sale, other than for purposes within the  general  scope  of
their activities as a licensed funeral director, undertaker or embalmer,
or  registered  resident,  embalming fluid to another person with actual
knowledge that such other person is not  a  licensed  funeral  director,
undertaker  or embalmer, or registered resident, or entity authorized to
perform embalming activities under section thirty-four hundred twenty of
this article or  activities  described  in  article  forty-two  of  this
chapter; or
(g)  practice as a funeral director, undertaker or embalmer, while his
license is revoked or suspended, shall be guilty of a  misdemeanor,  and
shall,  on  conviction, for each and every offense be punished by a fine
of not less than one hundred dollars nor more than five hundred dollars,
or by imprisonment for a term of not less than thirty days and not  more
than  one  year, or by both such fine and imprisonment, and for a second
offense shall be punishable by both such fine and imprisonment.
2. All courts of special sessions within their respective  territorial
jurisdictions  are  hereby  empowered  to  hear,  try and determine such
crimes without indictment and to impose in full the punishments of fines
and imprisonments herein prescribed.
3. The attorney general of the state shall have the power to prosecute
in any  county  of  the  state  any  violation  of  this  article;  such
prosecution  may  be  instituted  by  him  in  his  discretion  or after
complaint made to him by any person, provided, however, that nothing  in
this  section  shall be interpreted to prevent or impede the prosecution
of such proceedings by the district attorney of any county in which  the
offense is committed when such proceedings have been instituted by him.
4.  (a)  In any prosecution or hearing hereunder it shall be necessary
to prove only a single act prohibited by law or a single holding out  or
attempt,  without  having to prove a general course of conduct, in order
to constitute a violation.
(b) The display, publication or dissemination  by  any  person  of  an
advertisement,  card,  sign  or any other representation bearing a name,
designation or description  as  a  practitioner  of  funeral  directing,
undertaking,  or  embalming,  in  any manner or by implication, shall be
presumptive evidence of a holding out of such practice by such person.
5. All violations of this article when reported to the department  and
duly  substantiated by affidavits, or other satisfactory evidence, shall
be investigated and, if the report is found  to  be  substantiated,  the
department  shall  report  such  violations  to the attorney general and
request prompt prosecution.