BILL NUMBER:S3459

TITLE  OF  BILL:   An act to amend the public health law, in relation to
licensing and registration for funeral directors

PURPOSE:  The purpose of this bill is to allow foreign mortuary students
who are lawfully resident in the United States, but  who  have  not  vet
been  lawfully admitted for permanent residence, to use their results on
the funeral director licensure examination for the purpose of becoming a
licensed funeral director in New York State.

SUMMARY OF PROVISIONS:

Section 1 amends section 3421(2)(a) of the Public Health Law to  provide
that an applicant for a license as a funeral director shall only need to
have lawful entry in the United States, and that he or she need not have
been lawfully admitted for permanent residence.

Section  2  amends  section 3429(1) of the Public Health Law by adding a
new paragraph (f), defining "accredited school."

Section 3 amends section 3429(4)(b) of the Public Health Law  to  exempt
accredited schools for funeral directors, as approved under section 3425
of  the Public Health Law, from the requirement to obtain prior approval
of courses offered.

              

Section 4 establishes the effective date.

EXISTING LAW:  Under current law, mortuary students who are  not  United
States citizens must be lawfully admitted for permanent residence in the
United  States  to  take the funeral directing examination necessary for
licensure as a funeral director in New York State. Current  law  further
requires  providers  of  continuing  education  for funeral directors to
obtain prior approval from the Department of Health with regard  to  the
courses  they  intend  to  offer.  There  is  currently no exemption for
accredited schools for funeral directors, which  have  received  certif-
icates  of  approval  under  Public  Health  Law section 3425, from this
requirement.

JUSTIFICATION:  Funeral Director Examination Requirement:

An applicants to become a funeral director in New York State must attend
a qualified mortuary school and there complete a  strict  curriculum  of
courses. Upon completion of Mortuary School Education, students take the
National  Board  Exam, passage of which is recognized by most states and
many foreign countries as sufficient for  licensure.  After  taking  and
passing  the  National Exam, a student in New York State must complete a
year of residency with a funeral home to receive  a  funeral  director's
license.

In  order  to  sit  for the National Board Exam, New York State requires
that a person either have United States citizenship or, if an alien,  be

lawfully  admitted  for  permanent  residence in the United States. As a
result, qualifying exam results of students from  foreign  countries  on
United  States  Government issued student and work visas that attend the
mortuary  program,  and  who  take the National Exam prior to becoming a
citizen of the United States or an alien lawfully admitted for permanent
residence in the United States, are not accepted in New York State  once
the  student  becomes  a  citizen or attains status as an alien lawfully
admitted for permanent residence.

This system unfairly discriminates against foreign students  who,  while
in  the  United  States  lawfully,  have not been admitted for permanent
residence, or who have not attained citizenship.  For  no  other  reason
than that they were not citizens of the United States or aliens lawfully
admitted  for permanent residence when they took the exam, these foreign
students are. required to retake the exam to be able  to  operate  as  a
funeral  director  in New York State. To ensure equal treatment of these
similarly situated groups, the eligibility rules should  be  changed  to
allow  foreign  students  who have lawfully entered the United States to
also use  their  qualifying  exam  for  the  attaining  licensure.  This
proposal  is  supported  by the American Academy McAllister Institute of
Funeral Service, an accredited funeral/mortuary school in New York.

Exemption from Prior Approval Requirement:

Section 3 of the bill exempts schools for funeral  directors  that  have
received  certificates  of approval under Public Health Law section 3425
from the  prior  approval  requirement  of  Public  Health  Law  section
3429(4)(b), which applies to providers of continuing legal education for
funeral  directors.  Institutions  that receive certificates of approval
under Public Health Law section 3425 undergo extensive vetting to ensure
that the education programs they offer' meet minimum  quality  standard.
There is no need to further subject such institutions to the additional,
burdensome  requirement  of  obtaining  prior  approval for every course
offered. This bill eliminates this requirement.

LEGISLATIVE HISTORY:

S.4130 of 2012 - Referred to Health both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.