§ 3441 — Funeral firms; operation by licensed persons

§ 3441. Funeral firms; operation by licensed persons. 1. No funeral\nfirm shall be operated within the state unless:\n (a) if the owner is an individual, he shall be a duly licensed funeral\ndirector or undertaker; if the owner is a partnership organized at any\ntime after the seventh day of April in the year nineteen hundred\nforty-four and first registered with the department after that date all\npartners shall be duly licensed funeral directors or undertakers; if the\nowner is a corporation, or is a partnership organized and registered\nwith the department before the seventh day of April in the year nineteen\nhundred forty-four and having any unlicensed partners, or is the legal\nrepresentative of a deceased funeral director or undertaker, the manager\nregistered with the department shall be a duly licensed funeral director\nor undertaker;\n (b) the owner shall biennially register with the department in\naccordance with the provisions of this article;\n (c) the certificate of registration issued by the department to a\nfuneral firm shall be conspicuously displayed at the funeral\nestablishment for which the registration was issued;\n (d) the license of the registered manager of a registered firm, shall\nbe conspicuously displayed at the establishment for which the firm\nregistration was issued;\n (e) it shall be under the immediate and personal supervision,\ndirection, management, and control of a licensed funeral director or\nundertaker, registered with the department, who shall not serve as the\nmanager at more than one funeral establishment for more than one firm;\n (f) all funeral directing, undertaking, and embalming shall be under\nthe immediate and personal supervision, direction, management, and\ncontrol of a duly licensed funeral director, undertaker and embalmer,\nrespectively; and,\n (g) the operation thereof and the maintenance of the establishment\nshall conform to the rules and regulations of the department.\n 2. A license or registration certificate granted or issued by the\ndepartment shall not be assignable or transferable.\n 3. No funeral firm shall be operated or located on real property\nowned, leased or under the control of a cemetery corporation, a family\ncemetery corporation or a private cemetery corporation; or on real\nproperty dedicated for cemetery purposes or land adjacent thereto, which\nis owned, leased or under the control of a religious corporation,\ncounty, town, village or municipal corporation.\n 4. No funeral firm shall engage in the sale or cross-marketing of\ngoods or services with any cemetery corporation. Such prohibition shall\napply to any financial relationship and co-management between a funeral\nfirm and cemetery corporation. For the purposes of this subdivision,\n"cross-marketing" shall include, but not be limited to, solicitation,\nprovider discounts (except as authorized by the regulations of the\ncommissioner), or carrying on business or affairs between a funeral firm\nand cemetery corporation.\n