§ 3422. Funeral directing; licensing examinations; content; procedure. 1. The commissioner shall determine the subjects of examination of applicants for license to practice funeral directing, undertaking or embalming, and the scope, content and character, of such examinations which in any examination shall be the same for all candidates.

Terms Used In N.Y. Public Health Law 3422

  • 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
  • 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

2. Examinations shall be held twice in each year.

3. A candidate who fails to attain a passing grade on his or her licensing examination is entitled to a maximum of three re-examinations; provided, however, that if such candidate fails to attain a passing grade within three years after completion of his or her training, he or she must requalify in accordance with the provisions of the public health law and rules and regulations promulgated thereunder existing and in force as of the date of subsequent application for licensing examination, except that a satisfactorily completed required course of study need not be recompleted. A candidate inducted into the armed forces of the United States during or after completion of training may (a) after honorable discharge or (b) after a discharge other than bad conduct or dishonorable where the candidate (i) has a qualifying condition, as defined in section one of the veterans' services law, or (ii) is a discharged LGBT veteran, as defined in section one of the veterans' services law, and upon proper application as required by the department be eligible for an exemption with respect to time served in such service.

4. Following the close of every written examination prepared and administered by the department the questions submitted and the answers made thereto by the applicant together with a record stating in detail the result of the examination for each candidate shall be kept by the department for a period of one year. These may be destroyed at the end of such period.

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