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 77.6 - Registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funeral firm
				  registrations. No funeral firm shall be registered from a funeral establishment
				  that is not in compliance with section
				  77.5  of
				  this Part, provided that nothing herein contained shall be construed or
				  interpreted to prohibit the practice of funeral directing by more than one
				  registered funeral firm from the same funeral establishment.
(b) Corporations. Application for
				  registration of a new corporate funeral firm must be accompanied by a true copy
				  of the certificate of incorporation as filed with the Secretary of State; a
				  copy of the notice from the Secretary of State showing that the corporation has
				  been duly incorporated; the name, residence address and title of each of its
				  officers and directors; the name and residence address of each stockholder and
				  other person, firm and corporation having a 10 per centum or greater
				  proprietary, beneficial, equitable or credit interest; and the designation of a
				  manager, which shall, unless otherwise acceptable to the department, be in the
				  form of a certified copy of a resolution of the board of directors appointing
				  such manager. A corporation which changes its name shall file with the
				  Department of Health true copies of the amended corporate name certificate and
				  filing receipt from the Secretary of State.
(c) Individual proprietor. Application for
				  registration of a funeral firm to be operated under the individual name of the
				  applicant must be accompanied by a certificate executed under penalty of
				  perjury by the applicant certifying that he is the only person having a
				  proprietary or financial interest in the business.
(d) Estates. Application for registration of
				  a funeral firm operated by the estate of a deceased funeral director or
				  undertaker shall be accompanied by an administrator's or executor's
				  certificate, the names and addresses of all executors or administrators, and a
				  certified copy of the assumed business name certificate as filed in the county
				  clerk's office. Such duly appointed estate representatives, subject to the
				  provisions of the Estates, Powers and Trusts Law and the Surrogate's Court
				  Procedure Act, may operate the funeral firm for a period of not more than 30
				  months from the date of death of the funeral director, provided the estate
				  representative files a designation of, and registers, a licensed manager. In
				  the event the funeral director or undertaker conducted 50 or fewer funerals
				  during the 12 months immediately preceding his death, the estate representative
				  may temporarily appoint any funeral director or undertaker to act as manager
				  for the first six months following the death of the funeral director or
				  undertaker, after which period a new manager shall be designated and registered
				  with the department as hereinabove provided.
(e) Partnerships. Application for
				  registration of a funeral firm operated by a partnership shall be signed by all
				  partners and shall be accompanied by a certified copy of the certificate of
				  assumed business name, as filed in the office of the county clerk, and by a
				  certificate executed under penalty of perjury by the applicants certifying that
				  they are the only persons having a proprietary or financial interest in the
				  business.
(f) Assumed name.
				  Application for registration of a funeral firm under a new assumed business
				  name must be accompanied by a certified copy of the assumed business name
				  certificate as filed in a county clerk's office.
(g) Changes. The individual, partnership or
				  corporate owner or estate representative of a funeral firm operating from a
				  funeral establishment shall notify the department in writing within 10 days of
				  any change in name, address, ownership or other legal status. A change in
				  ownership shall be considered a first registration for fee purposes under
				  section 3428  of the Public Health Law.
(h) Individual licensee registration; special
				  provisions.
(1) The department shall issue a
				  single certificate of biennial registration to any person who holds and
				  registers both an undertaker and embalmer license, upon payment of the fees
				  required for such license by the Public Health Law.
(2) Every person entitled to engage in the
				  business and practice of funeral directing, undertaking or embalming shall at
				  all times while actively so engaged or while the premises of any funeral
				  establishment, carry on his person a current certificate of biennial
				  registration duly issued to him by the department. He shall exhibit such
				  certificate when so requested by any of the following:
(i) a representative of the State or
				  municipal government engaged in the administration or enforcement of
				  law;
(ii) a representative of a
				  cemetery, crematory, hospital, common carrier or casket showroom;
(iii) a person having lawful possession of a
				  dead human body, the release of which is sought by such licensee.
(3) Every registrant shall give
				  notice in writing to the department of any change his residence address within
				  10 days after such change of residence.