N.Y. Public Health Law § 3401: Funeral directing; powers and duties of commissioner

§ 3401. Funeral directing; powers and duties of commissioner. 1. The

commissioner may, from time to time, make and adopt such rules and

regulations not inconsistent with law as may be necessary (a) in the

performance of his duties and in the administration of the provisions of

this article; and (b) to govern and regulate the conduct and transaction

of the business and practice of funeral directing, undertaking and

embalming.

2. The commissioner shall:

(a) ascertain what constitutes the best tests for determining whether

life is extinct, and shall prescribe the application of such tests, as

he may deem necessary;

(b) investigate all alleged violations of law and of all rules and

regulations relating to funeral directing, undertaking, and embalming;

(c) appoint such personnel as he may deem necessary, who, subject to

the supervision, direction, and control of the commissioner, shall

exercise the powers and perform the duties of the department and advise

the commissioner under this article.