N.Y. Comp. Codes R. & Regs. tit. 10 § 77.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 77.3 - Registered residents

(a) Every candidate for funeral director licensure, upon entering employment as a registered resident as required by the provisions of the Public Health Law, shall register with the department, within two weeks from the date of the beginning of such employment, on a form prescribed by the department.

(b) No funeral firm shall be approved to employ a registered resident unless the manager, or sponsor designated by the manager, submits satisfactory evidence and a signed statement, on a form provided by the department, that:

(1) the residence shall be under the supervision of a manager or sponsor designated by the manager, who is licensed and registered as a funeral director or undertaker and embalmer, and who is regularly employed by the funeral firm;

(2) during the 12 months immediately preceding the date of beginning of the proposed residency period of the applicant, the funeral firm in which the registered resident is to be employed has had, and has serviced or handled, at least 40 cases directly for, and pursuant to engagement by, the respective families or friends of the decedent, exclusive of cases of stillborn children and exclusive of cases serviced or handled for and on behalf of, or in conjunction with, other funeral firms. These 40 cases may be a total of all cases done by branches and/or affiliate funeral firms;

(3) the funeral establishment in which the registered resident is to be employed contains adequate facilities for embalming as required by the department pursuant to its rules and regulations; and

(4) residence practice in connection with funeral arrangements shall consist of observing, instruction, taking of preliminary information and exposure to the sale of service and merchandise.

(c) The registered residency shall be of a grade and character satisfactory to the department and, in additon thereto:

(1) the registered resident shall serve for not less than the period required by law;

(2) the registered resident shall serve on a full-time work schedule which shall be of sufficient scope to include training in all aspects of funeral service;

(3) the registered resident and the manager or the sponsor designated by the manager shall jointly file quarterly reports with the department, on forms provided by the department. Reports are due immediately after the end of each quarter, and shall be signed and mailed to the Albany office of the department with a copy sent to the appropriate department area office representative within 10 days following the end of the quarter. Reports mailed thereafter may be accepted if, in the judgment of the department, a justifiable cause existed for delay;

(4) the registered resident, manager or sponsor designated by the manager shall report to the department, on a form provided by the department, any change in manager or sponsor or discontinuance or completion of residency within 10 days after such occurrence;

(5) the registered resident shall carry with him at all times while engaged in activities relative to the residency, a pocket card issued to him by the department. In the event of loss or destruction thereof, a duplicate pocket card shall be issued by the department; and

(6) the registered resident shall be subject to all provisions of article 34 of the Public Health Law, the administrative rules and regulations, and other laws relating to funeral directing.

(d) If the employer funeral firm fails to comply with the provisions of the law and with these regulations to the satisfaction of the department, the department may refuse to register registered residents from such funeral firm for such period as the department may prescribe.

(e) After or during the serving of a one-year period as a registered resident, the department may direct either or both the registered resident, the manager or the sponsor, to appear, at a time and place designated by the department, for an oral interview to determine the resident's qualifications for full licensure.

(f) After or during the serving of a one-year period as a registered resident, the resident shall appear for an examination on New York State laws, rules and regulations relating to funeral directing as provided for in section 3421(4)(d) of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 77.3