New York Public Health Code § 3420

Funeral directing; license to practice required; exceptions
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§ 3420. Funeral directing; license to practice required; exceptions.\n1. No person shall engage in the business or practice of funeral\ndirecting, undertaking, or embalming or transact or hold himself out as\ntransacting or practicing or as being entitled to transact or practice\nfuneral directing, undertaking or embalming in this state unless duly\nlicensed according to law, and registered under the provisions of this\narticle, except that nothing in this article contained shall prohibit\nembalming:\n  (a) by commissioned medical officers in the armed forces of the United\nStates or in the United States public health service while on active\nduty in the respective service; or,\n  (b) by any one actually serving as a member of the resident medical\nstaff of any legally incorporated hospital; or,\n  (c) by any person duly licensed to practice as a physician or surgeon\nin this state.\n  2. A person who holds a license as a funeral director, undertaker or\nembalmer, as defined herein, and is registered as required herein, shall\nbe entitled to practice as defined and limited by the provisions of the\nlaw at the time the license was issued, except as otherwise provided by\nthis article.\n  3. Notwithstanding the foregoing provisions of this section, the\ncommissioner may in his discretion enter into an agreement with another\nstate of the United States or a province of the Dominion of Canada,\npursuant to which agreement any person, duly licensed and registered as\na funeral director, undertaker or the equivalent thereof by and in such\nother state or province, may enter into this state for the sole purposes\nof removing to such other state or province dead human bodies,\nsupervising the delivery to or removal from a common carrier of such\nbodies, or burying, cremating, or supervising funeral services over dead\nhuman bodies brought from such other state or province as though such\nperson were duly licensed and registered by and in this state except\nthat such person shall not maintain an establishment, advertise or hold\nhimself out directly or through any agent or agency or otherwise as a\nfuneral director, undertaker or the equivalent thereof other than in the\nstate or province in which he is registered and licensed.\n

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