N.Y. Comp. Codes R. & Regs. tit. 10 § 77.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 77.6 - Registrations

(a) Funeral firm registrations. No funeral firm shall be registered from a funeral establishment that is not in compliance with section 77.5 of this Part, provided that nothing herein contained shall be construed or interpreted to prohibit the practice of funeral directing by more than one registered funeral firm from the same funeral establishment.

(b) Corporations. Application for registration of a new corporate funeral firm must be accompanied by a true copy of the certificate of incorporation as filed with the Secretary of State; a copy of the notice from the Secretary of State showing that the corporation has been duly incorporated; the name, residence address and title of each of its officers and directors; the name and residence address of each stockholder and other person, firm and corporation having a 10 per centum or greater proprietary, beneficial, equitable or credit interest; and the designation of a manager, which shall, unless otherwise acceptable to the department, be in the form of a certified copy of a resolution of the board of directors appointing such manager. A corporation which changes its name shall file with the Department of Health true copies of the amended corporate name certificate and filing receipt from the Secretary of State.

(c) Individual proprietor. Application for registration of a funeral firm to be operated under the individual name of the applicant must be accompanied by a certificate executed under penalty of perjury by the applicant certifying that he is the only person having a proprietary or financial interest in the business.

(d) Estates. Application for registration of a funeral firm operated by the estate of a deceased funeral director or undertaker shall be accompanied by an administrator's or executor's certificate, the names and addresses of all executors or administrators, and a certified copy of the assumed business name certificate as filed in the county clerk's office. Such duly appointed estate representatives, subject to the provisions of the Estates, Powers and Trusts Law and the Surrogate's Court Procedure Act, may operate the funeral firm for a period of not more than 30 months from the date of death of the funeral director, provided the estate representative files a designation of, and registers, a licensed manager. In the event the funeral director or undertaker conducted 50 or fewer funerals during the 12 months immediately preceding his death, the estate representative may temporarily appoint any funeral director or undertaker to act as manager for the first six months following the death of the funeral director or undertaker, after which period a new manager shall be designated and registered with the department as hereinabove provided.

(e) Partnerships. Application for registration of a funeral firm operated by a partnership shall be signed by all partners and shall be accompanied by a certified copy of the certificate of assumed business name, as filed in the office of the county clerk, and by a certificate executed under penalty of perjury by the applicants certifying that they are the only persons having a proprietary or financial interest in the business.

(f) Assumed name. Application for registration of a funeral firm under a new assumed business name must be accompanied by a certified copy of the assumed business name certificate as filed in a county clerk's office.

(g) Changes. The individual, partnership or corporate owner or estate representative of a funeral firm operating from a funeral establishment shall notify the department in writing within 10 days of any change in name, address, ownership or other legal status. A change in ownership shall be considered a first registration for fee purposes under section 3428 of the Public Health Law.

(h) Individual licensee registration; special provisions.

(1) The department shall issue a single certificate of biennial registration to any person who holds and registers both an undertaker and embalmer license, upon payment of the fees required for such license by the Public Health Law.

(2) Every person entitled to engage in the business and practice of funeral directing, undertaking or embalming shall at all times while actively so engaged or while the premises of any funeral establishment, carry on his person a current certificate of biennial registration duly issued to him by the department. He shall exhibit such certificate when so requested by any of the following:

(i) a representative of the State or municipal government engaged in the administration or enforcement of law;

(ii) a representative of a cemetery, crematory, hospital, common carrier or casket showroom;

(iii) a person having lawful possession of a dead human body, the release of which is sought by such licensee.

(3) Every registrant shall give notice in writing to the department of any change his residence address within 10 days after such change of residence.

(i) Registration periods.

(1) The biennial registration of licensed funeral directors, embalmers and undertakers shall be renewable July first of each even year.

(2) The biennial registration of funeral firms shall be renewable July first of each odd year.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 77.6