N.Y. Public Health Law § 3402: Funeral directing advisory board

§ 3402. Funeral directing advisory board. 1. There shall be in the

department a funeral directing advisory board consisting of ten members

who shall be appointed by the commissioner of health of whom three shall

be representatives of consumer interests, having no pecuniary interest,

affiliation or other association, direct or indirect, other than as

consumers, with any business affecting the disposal or burial of

deceased human beings, as the commissioner shall determine, six shall be

licensed funeral directors, undertakers or embalmers in this state,

having been actually engaged in the practice of funeral directing,

undertaking or embalming, as the case may be, for at least five years

prior to appointment and one member shall be an officer, director or

employee of a cemetery corporation. The term of each member of such

advisory board shall be three years, or until a successor is appointed,

and vacancies shall be filled for the unexpired term only. The

commissioner of health may remove any member of the board for

misconduct, incompetence or neglect of duty after such member shall have

been given a written statement of the charges and an opportunity to be

heard thereon.

2. The board shall elect annually from its members a chairman and

vice-chairman and for the purpose of transacting its business shall meet

at least once every three months. Special meetings also may be held as

frequently as its business may require at the call of the chairman upon

the request of a majority of the members of the board or as requested by

the commissioner of health. Written notice of the time, place and

purpose of meetings shall be mailed by the secretary to all members at

least ten days before the date of the meeting. A quorum of the board

shall consist of not less than six members.

3. Members of the advisory board shall receive no compensation, but

each shall be entitled to receive his reasonable expenses actually and

necessarily incurred in the performance of his duties.

4. The commissioner shall designate an officer or employee of the

department to act as secretary of the board, who shall not be a member

of the board and who shall not receive any additional compensation

therefor.

5. The commissioner shall request the advisory board to, and upon such

request the advisory board shall, or upon its initiative the advisory

board may

(a) consider any matters relating to the practice of funeral

directing, undertaking or embalming, including any matter pertaining to

the administration and enforcement of this article and advise the

commissioner thereon;

(b) recommend to the commissioner the establishment of such laws as

may be deemed necessary in respect to the practice of funeral directing;

(c) recommend to the commissioner the promulgation of rules and

regulations not inconsistent with law, as may be deemed necessary, and

the amendment or repeal thereof;

(d) recommend to the commissioner the commencement of any

investigation into improper practices of licensees;

(e) report, within forty-five days after receipt, on any proposed

regulations, amendments thereto, or repeal thereof, prior to action

thereon by the commissioner;

(f) review the applications for registration of candidates for either

practical or academic training and make recommendations to the

commissioner for the acceptance or rejection thereof.

(g) delegate one member of the board to attend any formal disciplinary

hearing and subsequent proceedings involving an alleged violation of

this article. The board shall not delegate a member who practices

funeral directing, embalming or undertaking in the same judicial

district as an accused licensee.

6. The advisory board shall have no executive, administrative or

appointive powers or duties.