N.Y. Public Health Law 3401 – Funeral directing; powers and duties of commissioner
§ 3401. Funeral directing; powers and duties of commissioner. 1. The commissioner may, from time to time, make and adopt such rules and regulations not inconsistent with law as may be necessary (a) in the performance of his duties and in the administration of the provisions of this article; and (b) to govern and regulate the conduct and transaction of the business and practice of funeral directing, undertaking and embalming.
Terms Used In N.Y. Public Health Law 3401
- 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. The commissioner shall:
(a) ascertain what constitutes the best tests for determining whether life is extinct, and shall prescribe the application of such tests, as he may deem necessary;
(b) investigate all alleged violations of law and of all rules and regulations relating to funeral directing, undertaking, and embalming;
(c) appoint such personnel as he may deem necessary, who, subject to the supervision, direction, and control of the commissioner, shall exercise the powers and perform the duties of the department and advise the commissioner under this article.