N.Y. Public Health Law § 3400: Funeral directing; definitions

§ 3400. Funeral directing; definitions. As used in this article,

unless otherwise stated, the following terms shall have the respective

meanings hereinafter set forth or indicated:

(a) "Funeral director" means a person to whom a valid license as such

has been duly issued.

(b) "Undertaker" means a person to whom a valid license as such has

been duly issued.

(c) "Embalmer" means a person to whom a valid license as such has been

duly issued.

(d) "Funeral directing" means the care and disposal of the body of a

deceased person and/or the preserving, disinfecting and preparing by

embalming or otherwise, the body of a deceased person for funeral

services, transportation, burial or cremation; and/or funeral directing

or embalming as presently known whether under these titles or

designations or otherwise.

(e) "Undertaking" means the care, disposal, transportation, burial or

cremation by any means other than embalming of the body of a deceased

person.

(f) "Embalming" means preparing, disinfecting and preserving, either

hypodermically, arterially or by any other recognized means the body of

a deceased person for burial, cremation or other final disposition.

(g) "Funeral establishment" means a single physical location, address

or premises devoted to or used for the care and preparation of a body of

a deceased person for disposition and for mourning or funeral ceremonial

purposes.

(h) "Burial" includes transportation and/or cremation.

(i) "Advertisement" means the publication, dissemination, circulation,

or placing before the public, or causing directly or indirectly to be

made, published, disseminated, or placed before the public, any

announcement or statement in a newspaper, magazine, or other

publication, or in the form of a book, notice, circular, pamphlet,

letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by

radio or television or any other means.

(j) "Funeral firm" means an individual, partnership, corporation or

estate representative engaged in the business and practice of funeral

directing.

(k) "Registered resident" means a person who passed a funeral

directing examination and who is duly registered as such with the

department while in the employ of a registered funeral firm and who is

engaged in the practice of funeral directing under the supervision of a

licensed funeral director or undertaker and embalmer; provided, however,

that a registered resident shall not have authority to sign any form or

document required by law which requires the signature of a licensed

funeral director or make funeral arrangements or own or manage a funeral

firm.

(l) "Embalming fluid" means any chemicals or substances manufactured

primarily for use by licensed funeral directors, undertakers or

embalmers, or registered residents, to prepare, disinfect or preserve,

either hypodermically, arterially or by any other recognized means the

body of a deceased person for burial, cremation or other final

disposition.