A 5172: Authorizes funeral directing apprenticeships as an alternative to licensing examinations; requires such apprenticeships to be one- to four-year programs led by licensing funeral directors; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 5172 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to authorizing funer- al directing apprenticeships as an alternative to licensing examina- tions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 3422-a to read as follows: 3 § 3422-a. Funeral directing; apprenticeship. 1. The department shall 4 develop criteria for funeral director apprenticeships for individuals 5 who have successfully completed a course of collegiate level study in 6 funeral service. Such apprenticeship shall serve as an alternative to 7 the examinations required for licensure as a funeral director under 8 section thirty-four hundred twenty-one of this title. To satisfy the 9 requirements of paragraph (b) of subdivision four of section thirty-four 10 hundred twenty-one of this title, a funeral director apprenticeship 11 shall be certified by the department. 12 2. A funeral director apprenticeship certified under subdivision one 13 of this section shall: 14 (a) consist of a one- to four-year apprenticeship, including a one- 15 year residency as required under subparagraph (iii) of paragraph (b) of 16 subdivision four of section thirty-four hundred twenty-one of this 17 title; 18 (b) be led by a licensed funeral director; and 19 (c) include specialized curriculum models that align with the content 20 and requirements of the examination for licensure under this title, 21 which shall cover topics including, but not limited to, embalming tech- 22 niques, funeral arrangement procedures, regulatory compliance, ethics, 23 industry best practices, and any other topics as determined by the 24 department. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09189-01-5 
 A. 5172 2 1 3. The department shall develop a process under which apprenticeships 2 may be certified under subdivision one of this section, and under which 3 individuals may apply for such apprenticeships. Applicants accepted to 4 an apprenticeship shall be issued a certificate of registration which 5 shall be posted in some conspicuous place in the place of business where 6 such apprenticeship will be conducted. 7 4. An individual who has satisfactorily completed an apprenticeship 8 under this section shall be issued a certificate of completion of such 9 apprenticeship. Such certificate of completion shall qualify an individ- 10 ual to be licensed as a funeral director under section thirty-four 11 hundred twenty-one of this title, and as an undertaker and embalmer 12 under section thirty-four hundred twenty-three of this title. 13 § 2. Subdivisions 1, 2 and 4 of section 3421 of the public health law, 14 as amended by chapter 534 of the laws of 1983, paragraph (a) of subdivi- 15 sion 2 as amended by chapter 669 of the laws of 2022 and paragraph (c) 16 of subdivision 2 and paragraph (b) of subdivision 4 as amended by chap- 17 ter 529 of the laws of 2000, are amended to read as follows: 18 1. In order to be licensed, an applicant for licensure shall pass a 19 funeral directing examination prepared or approved by the department, or 20 an apprenticeship approved by the department, to determine [his] such 21 applicant's knowledge and fitness therefor, as required by this article. 22 No person shall be permitted to enter funeral director school, apply for 23 a funeral directing examination, apply for a funeral directing appren- 24 ticeship, or apply for a funeral directing license without submitting to 25 the department satisfactory evidence of good moral character. 26 2. Except as provided in subdivision three of this section, the 27 department shall admit to examination, or to an apprenticeship under 28 section thirty-four hundred twenty-two-a of this title, any applicant 29 who pays a fee of forty dollars and submits evidence subscribed and 30 affirmed as true under the penalties of perjury and satisfactory to the 31 department that the applicant: 32 (a) is a citizen of the United States or a noncitizen lawfully admit- 33 ted for permanent residence in the United States; 34 (b) has satisfactorily completed a course of collegiate level study in 35 funeral service, the curriculum of which has been approved by the 36 department, consisting of not less than ninety quarter credits or sixty 37 semester credits in an institution or institutions approved by the 38 department or an accrediting agency recognized by the department; 39 (c) has upon entering an approved institution as herein provided for 40 the purpose of beginning [his] such applicant's funeral service study, 41 registered as a student with the department upon a form to be provided 42 by the department, and has paid to the department a registration fee of 43 fifty dollars. 44 4. The department shall issue a license to practice funeral directing 45 to an applicant for such license on the basis of the following proce- 46 dures: 47 (a) (i) who shall have successfully passed the examination as herein 48 provided in subdivision one of this section[, and]; 49 [(b)] (ii) who pays a fee of one hundred twenty-five dollars[, and]; 50 [(c)] (iii) who, after having passed such examination, serves a one 51 year period as a registered resident in a manner satisfactory to the 52 department[,]; and 53 [(d)] (iv) who, has passed a second examination after or during the 54 serving of a one year period as a registered resident. The said examina- 55 tion shall be on the New York state laws, rules and regulations relating 
 A. 5172 3 1 to funeral directing and shall be prepared or approved by the department 2 of health[.]; or 3 (b) (i) who shall have successfully completed an apprenticeship under 4 section thirty-four hundred twenty-two-a of this title; 5 (ii) who pays a fee of one hundred twenty-five dollars; and 6 (iii) who, as part of such apprenticeship, serves a one-year period as 7 a registered resident in a manner satisfactory to the department. 8 § 3. Section 3423 of the public health law is amended by adding a new 9 subdivision 6 to read as follows: 10 6. The department shall issue an undertaker or embalmer license to 11 those who, upon payment of a fee of ten dollars, successfully complete a 12 funeral directing apprenticeship under section thirty-four hundred twen- 13 ty-two-a of this title. 14 § 4. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law. Effective immediately, the addition, amend- 16 ment and/or repeal of any rule or regulation necessary for the implemen- 17 tation of this act on its effective date are authorized to be made and 18 completed on or before such effective date.