2015 New York Laws
PBH - Public Health
Article 34 - FUNERAL DIRECTING
Title 3 - (3440 - 3443) 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.