Title 19 Part 204

Paragraph (j) of section 1517 of the Not-for-Profit Corporation Law, as enacted by chapter 579 of the Laws of 2006, empowers the Division of Cemeteries to certify an organization seeking to make application for approval to conduct a cremation certification course of study. In furtherance of its statutory mandate, the Division of Cemeteries has adopted these rules and regulations to establish the training and course requirements for the maintenance and operation of crematories within the State, including but not limited to subjects for study, attendance, examinations and certification of completion.

Cremation certification courses may be given by an organization approved by the Division of Cemeteries. No organization seeking approval as a cremation certification course provider shall be affiliated or associated with, owned, operated or controlled by a funeral entity.

Each educational provider must be qualified as follows:

The certification course shall be divided into two subject matter areas. One subject matter area will address the New York statutes and regulations. Such statutes shall include all applicable sections of article 15 of the Not-for-Profit Corporation Law (N-PCL) relating to cremations with an emphasis on N-PCL section 1517 and the New York State Public Health Law, sections 3441, 4145, 4200, 4201, 4202, 4210(a), 4216, and 4218. Such regulations shall include Part 203 of this Title and Part 219-4 of the New York State Department of Environmental Conservation Air Quality Regulations. The approved organization shall devote 20 percent of the total time allotted for the course to the New York statutes and regulations. The other subject matter area of course shall address the general and technical aspects of crematory operations. The subject matter area shall include but not be limited to the cremation process, cremation equipment, operation of cremation chamber, cremation terminology, crematory operator safety, and the identification of cremated human remains. The approved organization shall devote 80 percent of the total time allotted for the course to the general and technical aspects of crematory operations.

The certification course for crematory employees shall be a one day course for a total of a minimum of eight hours of instruction to be provided by the approved organization.

Each course shall be presented in such premises and in such facilities as shall be necessary to properly present the course. Such facilities shall be pre-approved by the division.

There shall be no change or alteration in any approved course of study of any subject or in any instruction staff or provider without prior written notice and approval by the Division of Cemeteries.

A duly authorized representative of the Division of Cemeteries may audit any course offered, and may verify attendance and inspect the records of attendance of the course at any time during its presentation or thereafter.

Within 30 days after the receipt of the application for approval of an offering, the Division of Cemeteries shall inform the organization as to whether the offering has been approved, denied, or whether additional information is needed to determine the acceptability of the offering. The division may deny, suspend, or revoke the approval of a certification course of an organization, if it is determined that they are not in compliance with the law and rules, or if the offering does not adequately reflect and present current cremation knowledge as a basis for a level of cremation practice.

Evidence of successful completion of the course must be furnished to each crematory employee in certificate form. The certificate must indicate the following: name of the cemetery corporation; crematory operator certification course; a statement that the employee, who shall be named, has satisfactorily completed a course of study in the cremation subjects approved by the Division of Cemeteries in accordance with the provisions of chapter 579 of the Laws of 2006, and that his or her attendance record was satisfactory and in conformity with the law, and that such course was completed on a stated date. The certificate must be signed by the approved organization and dated, and must have affixed thereto the official seal of the approved organization. Copies of such certification shall be filed with the Division of Cemeteries at 41 State Street, Albany, New York.

Each approved organization shall establish the registration fee for the certification course offered.