2023 New York Laws › PBH - Public Health › Article 34 - Funeral Directing › Title 1 - General Provisions › 3402 - Funeral Directing Advisory Board.

§  3402.  Funeral  directing advisory board.  1. There shall be in the
department a funeral directing advisory board consisting of ten  members
who shall be appointed by the commissioner of health of whom three shall
be  representatives of consumer interests, having no pecuniary interest,
affiliation or other association, direct  or  indirect,  other  than  as
consumers,  with  any  business  affecting  the  disposal  or  burial of
deceased human beings, as the commissioner shall determine, six shall be
licensed funeral directors, undertakers  or  embalmers  in  this  state,
having  been  actually  engaged  in  the  practice of funeral directing,
undertaking or embalming, as the case may be, for at  least  five  years
prior  to  appointment  and  one member shall be an officer, director or
employee of a cemetery corporation. The term  of  each  member  of  such
advisory  board shall be three years, or until a successor is appointed,
and  vacancies  shall  be  filled  for  the  unexpired  term  only.  The
commissioner   of  health  may  remove  any  member  of  the  board  for
misconduct, incompetence or neglect of duty after such member shall have
been given a written statement of the charges and an opportunity  to  be
heard thereon.
2.  The  board  shall  elect  annually from its members a chairman and
vice-chairman and for the purpose of transacting its business shall meet
at least once every three months. Special meetings also may be  held  as
frequently  as its business may require at the call of the chairman upon
the request of a majority of the members of the board or as requested by
the commissioner of health.  Written  notice  of  the  time,  place  and
purpose  of  meetings shall be mailed by the secretary to all members at
least ten days before the date of the meeting. A  quorum  of  the  board
shall consist of not less than six members.
3.  Members  of  the advisory board shall receive no compensation, but
each shall be entitled to receive his reasonable expenses  actually  and
necessarily incurred in the performance of his duties.
4.  The  commissioner  shall  designate  an officer or employee of the
department to act as secretary of the board, who shall not be  a  member
of  the  board  and  who  shall  not receive any additional compensation
therefor.
5. The commissioner shall request the advisory board to, and upon such
request the advisory board shall, or upon its  initiative  the  advisory
board may
(a)   consider  any  matters  relating  to  the  practice  of  funeral
directing, undertaking or embalming, including any matter pertaining  to
the  administration  and  enforcement  of  this  article  and advise the
commissioner thereon;
(b) recommend to the commissioner the establishment of  such  laws  as
may be deemed necessary in respect to the practice of funeral directing;
(c)  recommend  to  the  commissioner  the  promulgation  of rules and
regulations not inconsistent with law, as may be deemed  necessary,  and
the amendment or repeal thereof;
(d)   recommend   to   the   commissioner   the  commencement  of  any
investigation into improper practices of licensees;
(e) report, within forty-five days  after  receipt,  on  any  proposed
regulations,  amendments  thereto,  or  repeal  thereof, prior to action
thereon by the commissioner;
(f) review the applications for registration of candidates for  either
practical   or   academic  training  and  make  recommendations  to  the
commissioner for the acceptance or rejection thereof.
(g) delegate one member of the board to attend any formal disciplinary
hearing and subsequent proceedings involving  an  alleged  violation  of
this  article.  The  board  shall  not  delegate  a member who practices

funeral  directing,  embalming  or  undertaking  in  the  same  judicial
district as an accused licensee.
6.  The  advisory  board  shall  have  no executive, administrative or
appointive powers or duties.