N.Y. Public Health Law 3443 – Funeral directing; use of names; unlicensed persons prohibited
§ 3443. Funeral directing; use of names; unlicensed persons prohibited. 1. The name of any living person who has not been duly licensed and is not duly registered as specified in this article shall not be
Terms Used In N.Y. Public Health Law 3443
- Advertisement: means the publication, dissemination, circulation, or placing before the public, or causing directly or indirectly to be made, published, disseminated, or placed before the public, any announcement or statement in a newspaper, magazine, or other publication, or in the form of a book, notice, circular, pamphlet, letter, hand-bill, poster, bill, sign, placard, card, label, tag, or by radio or television or any other means. See N.Y. Public Health Law 3400
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Embalmer: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Embalming: means preparing, disinfecting and preserving, either hypodermically, arterially or by any other recognized means the body of a deceased person for burial, cremation or other final disposition. See N.Y. Public Health Law 3400
- Funeral directing: means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise. See N.Y. Public Health Law 3400
- Funeral director: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Funeral establishment: means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. See N.Y. Public Health Law 3400
- Undertaker: means a person to whom a valid license as such has been duly issued. See N.Y. Public Health Law 3400
- Undertaking: means the care, disposal, transportation, burial or cremation by any means other than embalming of the body of a deceased person. See N.Y. Public Health Law 3400
(a) shown or displayed upon or in any funeral establishment; or,
(b) used alone, in, as part of, or in connection, association, combination, or together with the name or title of any person, firm, corporation or other form of enterprise engaged in funeral directing, undertaking, or embalming or maintaining a mortuary, funeral home or other similar establishment or using in connection with such name and practice, the words funeral director, mortician, undertaker, embalmer, or any other title or words of similar meaning or import on any card, sign, stationery, or other printed, engraved or written instrument or device or in any public or private announcement or advertisement; or,
(c) used in any manner as to give or tend to give the impression that such person is licensed or practicing or entitled to practice as a funeral director, undertaker, or embalmer.
2. A person who holds a license as a funeral director or undertaker and is registered as required herein may hold himself out and advertise as a funeral director, undertaker, or mortician.