S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3964--A

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 31, 2011
                                      ___________

       Introduced  by  M.  of A. MAGNARELLI, FINCH -- read once and referred to
         the Committee on Codes -- recommitted to the  Committee  on  Codes  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee

       AN  ACT to amend the public health law, in relation to the unlawful sale
         of embalming fluid

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Section 3400 of the public health law is amended by adding
    2  a new subdivision (l) to read as follows:
    3    (L)  "EMBALMING  FLUID" MEANS ANY CHEMICALS OR SUBSTANCES MANUFACTURED
    4  PRIMARILY FOR USE BY LICENSED FUNERAL DIRECTORS, UNDERTAKERS  OR  EMBAL-
    5  MERS, OR REGISTERED RESIDENTS, TO PREPARE, DISINFECT OR PRESERVE, EITHER
    6  HYPODERMICALLY,  ARTERIALLY OR BY ANY OTHER RECOGNIZED MEANS THE BODY OF
    7  A DECEASED PERSON FOR BURIAL, CREMATION OR OTHER FINAL DISPOSITION.
    8    S 2. Paragraph (f) of subdivision 1 of  section  3455  of  the  public
    9  health  law is relettered paragraph (g) and a new paragraph (f) is added
   10  to read as follows:
   11    (F) BEING A FUNERAL DIRECTOR, UNDERTAKER OR  EMBALMER,  OR  REGISTERED
   12  RESIDENT,  KNOWINGLY  GIVE,  SELL,  PERMIT TO BE SOLD, OFFER FOR SALE OR
   13  DISPLAY FOR SALE, OTHER THAN FOR PURPOSES WITHIN THE  GENERAL  SCOPE  OF
   14  THEIR ACTIVITIES AS A LICENSED FUNERAL DIRECTOR, UNDERTAKER OR EMBALMER,
   15  OR  REGISTERED  RESIDENT,  EMBALMING FLUID TO ANOTHER PERSON WITH ACTUAL
   16  KNOWLEDGE THAT SUCH OTHER PERSON IS NOT  A  LICENSED  FUNERAL  DIRECTOR,
   17  UNDERTAKER  OR EMBALMER, OR REGISTERED RESIDENT, OR ENTITY AUTHORIZED TO
   18  PERFORM EMBALMING ACTIVITIES UNDER SECTION THIRTY-FOUR HUNDRED TWENTY OF
   19  THIS ARTICLE OR ACTIVITIES DESCRIBED IN ARTICLE FORTY-TWO OF THIS  CHAP-
   20  TER; OR
   21    S 3. This act shall take effect on the one hundred eightieth day after
   22  it shall have become a law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD03275-04-1