New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.8 - Managers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The manager of
				  each funeral firm shall be a funeral director or undertaker duly licensed as
				  such under and pursuant to the laws of the State of New York and shall be duly
				  registered with the department as such manager.
(b) A funeral director or undertaker shall
				  not serve and shall not be registered as a manager of more than one funeral
				  firm.
(c) When a funeral firm owned
				  and operated by a corporation organized under and pursuant to the laws of the
				  State of New York for such purpose, the board of directors of such corporation
				  shall designate an employee as manager. Such employee shall be a duly licensed
				  and registered funeral director or undertaker of the funeral firm and his/her
				  designation as manager shall be filed with the department.
(d) When a funeral firm is owned and operated
				  by the estate of a deceased funeral director or undertaker, the duly appointed
				  representative of the estate shall designate a duly licensed and registered
				  funeral director or undertaker as manager, and his/her designation as manager
				  shall be filed with the department.
(e) The funeral establishment of a funeral
				  firm shall be under the immediate and personal supervision, direction,
				  management and control of the manager, and his/her failure to exercise such
				  supervision, direction, management and control adequately, shall constitute a
				  violation of the rules and regulations of the State Commissioner of Health. Any
				  violation of the provisions of article 34 of the Public Health Law, 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 by the funeral firm or its personnel shall
				  constitute a violation of the rules and regulations of the commissioner by the
				  manager unless he/she exercised adequate supervision, management, direction and
				  control to prevent said violation.
(f) If the manager is unable, for any reason,
				  to exercise adequate supervision, direction, management and control of the
				  funeral establishment, the manager, owner, board of directors or the
				  representative of the estate, as the case may be, shall designate any funeral
				  director or undertaker to serve as temporary manager and notify the department
				  thereof in writing. If such inability of the manager exceeds 90 days or is
				  expected to exceed 90 days, a new manager shall be designated and registered
				  with the department as hereinbefore provided.
(g) The owner and operator or estate
				  representative of a funeral firm shall notify the department in writing within
				  10 days of any change of manager of any funeral firm and shall file designation
				  of the new manager as herein provided. In the case of a corporation, the
				  designation of a new manager shall, unless otherwise acceptable to the
				  department, be in the form of a resolution of the board of directors appointing
				  such manager and a certified copy of such resolution shall be filed with the
				  department.