Authorizes the bureau of funeral directing, under the direction of the commissioner of health to investigate claims brought against any person, firm or corporation relating to moneys paid in connection with agreements for funeral merchandise or services; provides that the bureau of funeral directing has the legal authority to investigate and, after due process, levy fines and sanctions on any unlicensed individuals and/or unregistered entities that are falsely acting as or representing themselves to be licensed and/or registered funeral directors and/or funeral firms in violation of the public health law.
Impact
The implications of S09233 are significant for state laws related to funeral services, particularly in enhancing the regulatory oversight of licensed funeral directors and firms. The bill empowers the bureau of funeral directing to enforce compliance with public health laws, asserting authority to investigate and eventually impose fines or sanctions on unlicensed entities. This change aims to safeguard consumers from fraudulent practices within the funeral industry, ensuring that only qualified professionals offer these sensitive services.
Summary
Bill S09233 seeks to enhance consumer protection within the funeral services industry in New York by authorizing the bureau of funeral directing, under the direction of the commissioner of health, to investigate claims made against individuals or firms regarding funds paid for funeral merchandise or services. Specifically, the bill allows for the bureau to conduct investigations into allegations of misconduct prior to any legal action initiated by the attorney general, requiring a 90-day investigation period before any claims are forwarded to legal authorities.
Contention
Despite the bill’s intention to protect consumers, there may be points of contention relating to the breadth of the bureau's investigative powers. Concerns could arise regarding due process for the accused and the potential for overreach in how investigations are conducted. Entities representing funeral directors may argue that the bill could cast undue suspicion on all professionals within the industry and impose burdensome regulations that might stifle small businesses or new entrants in the market.
Notable_points
The bill's provision for investigating claims before referral to the attorney general is particularly noteworthy as it establishes a framework aimed at addressing grievances directly through administrative channels. Moreover, the requirement for consultations with local district attorneys before proceeding with any significant action underscores a collaborative approach in regulating the funeral services sector, enhancing the integrity and enforcement of state laws surrounding funeral directing.
Same As
Authorizes the bureau of funeral directing, under the direction of the commissioner of health to investigate claims brought against any person, firm or corporation relating to moneys paid in connection with agreements for funeral merchandise or services; provides that the bureau of funeral directing has the legal authority to investigate and, after due process, levy fines and sanctions on any unlicensed individuals and/or unregistered entities that are falsely acting as or representing themselves to be licensed and/or registered funeral directors and/or funeral firms in violation of the public health law.
Authorizes the bureau of funeral directing, under the direction of the commissioner of health to investigate claims brought against any person, firm or corporation relating to moneys paid in connection with agreements for funeral merchandise or services; provides that the bureau of funeral directing has the legal authority to investigate and, after due process, levy fines and sanctions on any unlicensed individuals and/or unregistered entities that are falsely acting as or representing themselves to be licensed and/or registered funeral directors and/or funeral firms in violation of the public health law.
Enacts the "licensed funeral arranger act" under which a "licensed funeral arranger" license allows a funeral arranger to perform all acts permitted to a funeral director except embalming or any preservation of the body of a deceased person requiring embalming; creates a registration process under which registered transporters facilitate the removal and transportation of the bodies of deceased persons.
Enacts the "licensed funeral arranger act" under which a "licensed funeral arranger" license allows a funeral arranger to perform all acts permitted to a funeral director except embalming or any preservation of the body of a deceased person requiring embalming; creates a registration process under which registered transporters facilitate the removal and transportation of the bodies of deceased persons.
Authorizes funeral directing apprenticeships as an alternative to licensing examinations; requires such apprenticeships to be four-year programs led by licensing funeral directors; makes related provisions.
Designates the crime of disruption or disturbance of a religious service, funeral, burial or memorial service as disruption or disturbance of a religious service, funeral, burial or memorial service in the second degree and adds the crime of disruption or disturbance of a religious service, funeral, burial or memorial service in the first degree as a class E felony.
To Amend The Law Concerning The State Board Of Embalmers, Funeral Directors, Cemeteries, And Burial Services; And To Increase The Civil Penalty For Violations By A Licensee.