BILL NUMBER: S9112
SPONSOR: ADDABBO
 
TITLE OF BILL:
An act to amend the public health law, in relation to enacting the
"licensed funeral arranger act"
 
PURPOSE:
The purpose of the bill is to address the workforce shortage in the
funeral directing industry be creating a new class of licensure for
funeral arranging and to authorize "registered transporters."
 
SUMMARY OF PROVISIONS:
Section 3470 provides definitions for relevant terms to be used in this
act.
Section 3471 establishes a "licensed funeral arranger" and defines the
scope of services such licensee my practice and prohibits such licensee
from practicing embalming.
Section 3472 establishes the requirements for licensure including
licensing examinations.
Section 3473 allows the Department of Health to grant a funeral arranger
license to an out-of-state practitioner if such practitioner holds
substantially equivalent credentials and has practiced funeral arranging
in another jurisdiction for a minimum of at least two years.
Sections 3474 and 3475 establish a registered transporter, defining
registration requirements including that such registered transporter
shall act under the direction and supervision of a funeral director or
funeral arranger when engaged in the removal or transportation of the
bodies of deceased persons.
Section 3476 authorizes the Department of Health to promulgate rules and
regulations consistent with the purposes of this article within eighteen
months of the effective date of this article.
Section 3477 clarifies that nothing in this article shall be construed
to reduce or restrict any rights or duties of currently licensed funeral
directors.
 
JUSTIFICATION:
New York State is experiencing a significant workforce shortage in the
funeral service profession, a challenge that was worsened by the COVID19
pandemic and continues today. This shortage has affected the availabili-
ty of funeral service providers and, in turn, the timeliness and quality
of care offered to families or other next-of-kin at their time of great-
est need.
The existing requirement that all individuals seeking licensure as a
funeral director demonstrate proficiency in embalming unnecessarily
restricts entry into the profession. Many individuals possess the empa-
thy, compassion, communication skills, organizational ability, and know-
ledge of cultural and religious customs that are central to excellent
funeral service, but choose not to practice embalming for personal,
cultural or philosophical reasons.
These existing requirements no longer reflect modern funeral service
practices, consumer preferences or public health needs. Over the last
several decades, the number of funeral services that do not require
embalming has increased substantially, driven by cultural customs, envi-
ronmental concerns and the growing popularity of cremation and green or
natural burials.
Furthermore, the removal and transportation of deceased human remains is
a necessary and time-sensitive function that can be safely performed by
trained individuals under appropriate supervision and in compliance with
public health and requirements, without requiring licensure as a funeral
director.
It is necessary and appropriate to modernize New York's funeral service
licensure framework in order to expand workforce access, align licensure
requirements with contemporary practice and maintain strong public
health and consumer protections.
Accordingly, this legislation creates a funeral arranging license for
individuals who perform all funeral service functions except embalming
and establishes a funeral transporter classification to permit the
supervised removal and transportation of human remains. The legislation
maintains all existing public health protections by preserving education
and apprenticeship standards, restricting embalming to those duly
licensed to perform it and continuing the oversight authority of the
Department of Health. Similar licensure frameworks have been adopted in
numerous other states without adverse impacts on public health or safe-
ty.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
There will be some additional costs for the Department of Health.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.