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S T A T E O F N E W Y O R K
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10258
I N S E N A T E
May 8, 2026
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Introduced by Sen. BYNOE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT act to amend the public health law, in relation to authorizing
the remote administration of the funeral director licensing examina-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature hereby
2 finds and declares that expanding access to professional licensure exam-
3 inations through the use of secure remote proctoring technologies
4 promotes workforce entry while maintaining the integrity and security of
5 such examinations. It is the intent of the legislature to authorize the
6 department of health to permit the funeral director licensing examina-
7 tion to be administered remotely, provided that such administration
8 maintains standards substantially equivalent to in-person testing.
9 § 2. Subdivision 2 of section 3422 of the public health law is amended
10 to read as follows:
11 2. Examinations shall be held AT LEAST twice in each year, OR MORE
12 FREQUENTLY AS DETERMINED BY THE COMMISSIONER, AND MAY BE ADMINISTERED IN
13 PERSON, REMOTELY PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, OR
14 THROUGH A COMBINATION OF SUCH METHODS.
15 § 3. Section 3422 of the public health law is amended by adding a new
16 subdivision 5 to read as follows:
17 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
18 SIONER MAY PERMIT ANY EXAMINATION UNDER THIS SECTION TO BE ADMINISTERED
19 REMOTELY THROUGH SECURE, PROCTORED TECHNOLOGY APPROVED BY THE DEPART-
20 MENT.
21 (A) SUCH REMOTE ADMINISTRATION SHALL INCLUDE MEASURES TO ENSURE THE
22 INTEGRITY OF THE EXAMINATION, INCLUDING, BUT NOT LIMITED TO, IDENTITY
23 VERIFICATION, AUDIOVISUAL MONITORING, AND THE PROTECTION OF EXAMINATION
24 MATERIALS.
25 (B) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THE
26 ELIMINATION OF IN-PERSON EXAMINATION OPTIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15816-01-6
S. 10258 2
1 § 4. This act shall take effect January 1, 2027. Effective immediate-
2 ly, the addition, amendment and/or repeal of any rule or regulation
3 necessary for the implementation of this act on its effective date are
4 authorized to be made and completed on or before such effective date.