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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1742 By: Dills
COMMITTEE SUBSTITUTE
An Act relating to professions and occupations;
amending 59 O.S. 2011, Section 396.2, as amended by
Section 1, Chapter 97, O.S.L. 2013, 396.5 and 396.12f
(59 O.S. Supp. 2020, Section 396.2), which relates to
the Funeral Services Licensing Act; modifying and
adding definitions; modifying fee; making certain
information confidential; prohibiting subpoena and
discovery of certain information; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 396.2, as
amended by Section 1, Chapter 97, O.S.L. 2013 (59 O.S. Supp. 2020,
Section 396.2), is amended to read as follows:
Section 396.2 As used in the Funeral Services Licensing Act:
1. "Embalmer" means a person who disinfects or preserves dead
human remains, entire or in part, by the use of chemical substances,
fluids or gases in the remains, or by the introduction of same into
the remains by vascular or hypodermic injection, or by direct
application into organs or cavities;
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2. "Funeral director" means a person who:
a. is engaged in or conducts or represents themselves as
being engaged in preparing for the burial or disposal
and directing and supervising the burial or disposal
of dead human remains,
b. is engaged in or conducts or represents themselves as
being engaged in maintaining a funeral establishment
for the preparation and the disposition, or for the
care of dead human remains,
c. uses, in connection with the name of the person or
funeral establishment, the words "funeral director" or
"undertaker" or "mort ician" or any other title
implying that the person is engaged as a funeral
director,
d. sells funeral service merchandise to the public, or
e. is responsible for the legal and ethical operation of
a crematory;
3. "Funeral establishment" means a place of b usiness used in
the care and preparation for burial, commercial embalming, or
transportation of dead human remains, or any place where any person
or persons shall hold forth and be engaged in the profession of
undertaking or funeral directing;
4. "Apprentice" means a person who is engaged in learning the
practice of embalming or the practice of funeral directing, as the
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case may be, under the instruction and personal supervision of a
duly licensed embalmer or a duly licensed funeral director of and in
the State of Oklahoma, pursuant to the provisions of the Funeral
Services Licensing Act, and who is duly registered as such with said
Board;
5. "Board" means the Oklahoma Funeral Board;
6. "Directing a funeral" or "funeral directing" means directing
funeral services from the time of the first call until final
disposition or release to a common carrier or release to next of kin
of the deceased or the designee of the next of kin;
7. "First call" means the beginning of the relationship and
duty of the funeral d irector to take charge of dead human remains
and have such remains prepared by embalming, cremation, or
otherwise, for burial or disposition, provided all laws pertaining
to public health in this state are complied with. First call does
not include calls made by ambulance, when the person dispatching the
ambulance does not know whether or not dead human remains are to be
picked up;
8. "Personal supervision" means the physical presence of a
licensed funeral director or embalmer at the specified time and
place of the providing of acts of funeral service;
9. "Commercial embalming establishment" means a fixed place of
business consisting of an equipped preparation room, and other rooms
as necessary, for the specified purpose of performing preparation
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and shipping services of dead human remains to funeral
establishments inside and outside this state;
10. "Funeral service merchandise or funeral services" means
those products and services normally provided by funeral
establishments and required to be listed on t he General Price List
of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
including, but not limited to, the sale of burial supplies and
equipment, but excluding the sale by a cemetery of lands or
interests therein, services incidental thereto, mar kers, memorials,
monuments, equipment, crypts, niches or outer enclosures;
11. "Outer enclosure" means a grave liner, grave box, or grave
vault;
12. "Funeral director in charge" means an individual licensed
as both a funeral director and embalmer designa ted by a funeral
service establishment, commercial embalming establishment, or
crematory who is responsible for the legal and ethical operation of
the establishment and is accountable to the Board;
13. "Authorizing agent" means a person legally entitled t o
order the cremation or final disposition of particular human remains
pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
Statutes; and
14. "Cremation" means the technical process, using heat and
flame, or heat and pressure, that reduces human r emains to essential
elements, including bone fragments. The reduction takes place
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through heat and evaporation. Cremation shall include, but not be
limited to, the processing and pulverization of the bone fragments ,
or through alkaline hydrolysis;
15. "Crematory" means a structure containing a furnace or
alkaline hydrolysis vessel used or intended to be used for the
cremation of human remains. The term includes a facility that
cremates human remains through alkaline hydrolysis; and
16. "Alkaline hydrolys is" means the reduction of human remains
to bone fragments and essential elements in a licensed crematory
using heat, pressure, water and base chemical agents .
SECTION 2. AMENDATORY 59 O.S. 2011, Section 396.5, is
amended to read as follows:
Section 396.5 All licenses issued by the Board shall expire on
the 31st day of December of each year. The Board shall issue a
renewal for such license without further examination upon the
payment of a renewal fee as required by Section 396.4 of this title.
A funeral director or embalmer who fails to apply for a renewal
license for a period of three (3) years or more , shall be reinstated
by taking a written and oral examination, as required by the Board,
and by paying a fee of Twenty-five Dollars ($25.00) and the current
years' dues as required by Section 396.4 if this title .
SECTION 3. AMENDATORY 59 O.S. 2011, Section 396.12f, is
amended to read as follows:
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Section 396.12f A. Complaints against any person for allege d
violations of the Funeral Services Licensing Act or of any of the
rules issued pursuant thereto shall be in writing, signed by the
complainant and filed with the executive director of the Oklahoma
Funeral Board. In addition to the general public, any me mber or
employee of the Board, or the executive director of the Oklahoma
Funeral Board, may sign a complaint for any violation of which the
executive director has knowledge. All complaints shall name the
person complained of, and shall state the time and place of the
alleged violations and the facts of which the complainant has
knowledge. Upon receiving a complaint, the Board shall examine the
complaint, and determine whether there is a reasonable cause to
believe the charges to be true.
B. If upon inspection, investigation or complaint, or whenever
the Board determines that there are reasonable grounds to believe
that a violation of the Funeral Services Licensing Act or of any
rule promulgated pursuant thereto has occurred, the Board shall give
written notice to the alleged violator specifying the cause of
complaint. The notice shall require that the matters complained of
be corrected immediately or that the alleged violator appear before
the Board at a time and place specified in the notice and answer t he
charges. The notice shall be delivered to the alleged violator in
accordance with the provisions of subsection E of this section.
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C. The Board shall afford the alleged violator an opportunity
for a fair hearing in accordance with the provisions of sub section F
of this section not less than fifteen (15) days after receipt of the
notice provided for in subsection B of this section. On the basis
of the evidence produced at the hearing, the Board shall make
findings of fact and conclusions of law and ente r an order thereon.
The Board shall give written notice of the order to the alleged
violator and to any other persons who appeared at the hearing and
made written request for notice of the order. If the hearing is
held before a hearing officer as provide d for in subsection F of
this section, the hearing officer shall transmit the record of the
hearing together with recommendations for findings of fact and
conclusions of law to the Board which shall thereupon enter its
order. The Board may enter its order on the basis of such record
or, before issuing its order, require additional hearings or further
evidence to be presented. The order of the Board shall become final
and binding on all parties unless appealed to the district court
pursuant to Article II o f the Administrative Procedures Act, within
thirty (30) days after notice has been sent to the parties.
D. Whenever the Board finds that as a result of a violation of
the Funeral Services Licensing Act or any rule promulgated thereto
an emergency exists r equiring immediate action to protect the public
health or welfare, the Board may without notice or hearing issue an
order stating the existence of an emergency and requiring that
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action be taken as it deems necessary to meet the emergency. The
order shall be effective immediately. Any person to whom an order
is directed shall comply with the order immediately but on
application to the Board shall be afforded a hearing within ten (10)
days of receipt of the notice. On the basis of a hearing, the Board
shall continue the order in effect, revoke it or modify it. Any
person aggrieved by an order continued after the hearing provided
for in this subsection may appeal to the district court of the
county in which the person resides, or in which the business of t he
person is located, within thirty (30) days of the Board's action.
The appeal when docketed shall have priority over all cases pending
on the docket, except criminal cases.
E. Except as otherwise expressly provided by law, any notice,
order or other instrument issued by or pursuant to authority of the
Board may be served on any person affected thereby personally, by
publication or by mailing a copy of the notice, order or other
instrument by registered mail directed to the person affected at his
last-known post office address as shown by the files or records of
the Board. Proof of service shall be made as in the case of service
of a summons or by publication in a civil action or may be made by
the affidavit of the person who did the mailing. Proof of s ervice
shall be filed in the office of the Board.
Every certificate or affidavit of service made and filed as
provided for in this subsection shall be prima facie evidence of the
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facts therein stated. A certified copy thereof shall have like
force and effect.
F. The hearings authorized by this section may be conducted by
the Board. The Board may designate hearing officers who shall have
the power and authority to conduct hearings in the name of the Board
at any time and place. The hearings shall be cond ucted in
conformity with and records made thereof pursuant to Article II of
the Administrative Procedures Act.
G. All records on complaints filed against any licensee
pursuant to the Funeral Services Licensing Act shall be exempt from
the Oklahoma Open Re cords Act unless the Board gave written notice
of the complaint pursuant to subsection B of this section.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
02/24/2021 - DO PASS, As Amended.