Oklahoma 2022 Regular Session

Oklahoma House Bill HB1742 Compare Versions

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	30	+	March 30, 2021
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3	34		BILL NO. 1742 By: Dills of the House
4	35
5	36		and
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7	38		Newhouse of the Senate
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12	43		An Act relating to professions and occupations;
13	44		amending 59 O.S. 2011, Section s 396.2, as amended by
14		-	Section 1, Chapter 97, O.S.L. 2013 and 396.5 (59 ~~O.S.~~
15		-	Supp. 2020, Section 396.2), which relate to the
	45	+	Section 1, Chapter 97, O.S.L. 2013, and 396.5 (59
	46	+	O.S. Supp. 2020, Section 396.2), which relate to the
16	47		Funeral Services Licensing Act; modifying and ad ding
17	48		definitions; modifying fee ; and providing an
18	49		effective date.
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22		-
23		-
24		-	SUBJECT: Professions and occupations
25		-
26	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
27		-
28	54		SECTION 1. AMENDATORY 59 O.S. 2011, Section 396.2, as
29	55		amended by Section 1, Chapter 97, O.S.L. 2013 (59 O.S. Supp. 2020,
30	56		Section 396.2), is amended to read as follows:
31		-
32		-	Section 396.2 As used in the Funeral Services Licensing Act:
33		-
	57	+	Section 396.2. As used in the Funeral Services Lice nsing Act:
34	58		1. "Embalmer" means a person who dis infects or preserves dead
35	59		human remains, entire or in part, by the use of chemical substances,
36	60		fluids or gases in the remains, or by the introduction of same into
37	61		the remains by vascular or hypodermic injecti on, or by direct
38	62		application into organs or cavi ties;
	63	+	2. "Funeral director" means a person who:
39	64
40		-	2. "Funeral director" means a person who:
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42	91		a. is engaged in or conducts or represents themselves as
43	92		being engaged in preparing for the burial or disposal
44	93		and directing and supervising the burial or disp osal
45	94		of dead human remains,
46		-	ENR. H. B. NO. 1742 Page 2
47	95		b. is engaged in or conducts or represents themselves as
48	96		being engaged in maintaining a funeral establishment
49	97		for the preparation and the disposition, or for the
50	98		care of dead human remains,
51		-
52	99		c. uses, in connection with the name o f the person or
53	100		funeral establishment, the words "funeral director" or
54	101		"undertaker" or "mortician" or any other title
55	102		implying that the person is engaged as a funeral
56	103		director,
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58	104		d. sells funeral service merchandise to the public, or
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60	105		e. is responsible for th e legal and ethical operation of
61	106		a crematory;
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63	107		3. "Funeral establishment" means a place of business used in
64	108		the care and preparation for burial, commercial embalming, or
65	109		transportation of dead human remains, or any place where any person
66	110		or persons shall hold forth and be engaged in the profession of
67	111		undertaking or funeral directing;
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69	112		4. "Apprentice" means a person who is engaged in learning the
70	113		practice of embalming or the practice of funeral directing, as the
71	114		case may be, under the instruction and persona l supervision of a
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72	142		duly licensed embalmer or a d uly licensed funeral director of and in
73	143		the State of Oklahoma, pursuant to the provisions of the Funeral
74	144		Services Licensing Act, and who is duly registered as such with said
75	145		Board;
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77	146		5. "Board" means the Oklah oma Funeral Board;
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79	147		6. "Directing a funeral" or "funeral directing" means directing
80	148		funeral services from the time of the first call until final
81	149		disposition or release to a common carrier or release to next of kin
82	150		of the deceased or the designee of the nex t of kin;
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84	151		7. "First call" means the beginning o f the relationship and
85	152		duty of the funeral director to take charge of dead human remains
86	153		and have such remains prepared by embalming, cremation, or
87	154		otherwise, for burial or disposition, provided all laws pert aining
88	155		to public health in this state are compli ed with. First call does
89	156		not include calls made by ambulance, when the person dispatching the
90	157		ambulance does not know whether or not dead human remains are to be
91		-	picked up; ENR. H. B. NO. 1742 Page 3
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	158	+	picked up;
93	159		8. "Personal supervision" means t he physical presence of a
94	160		licensed funeral direc tor or embalmer at the specified time and
95	161		place of the providing of acts of funeral service;
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97	162		9. "Commercial embalming establishment" means a fixed place of
98	163		business consisting of an equipped preparation room , and other rooms
99	164		as necessary, for the specifie d purpose of performing preparation
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100	192		and shipping services of dead human remains to funeral
101	193		establishments inside and outside this state;
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103	194		10. "Funeral service merchandise or funeral services" means
104	195		those products and services normally provided by funeral
105	196		establishments and required to be listed on the General Price List
106	197		of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
107	198		including, but not limited to, the sale of burial supplies and
108	199		equipment, but excluding the sale by a cemetery of lands or
109	200		interests therein, services incidental thereto, markers, memorials,
110	201		monuments, equipment, crypts, niches or outer enclosures;
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112	202		11. "Outer enclosure" means a grave liner, grave box , or grave
113	203		vault;
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115	204		12. "Funeral director in charge" means an individual licensed
116	205		as both a funeral director and embalmer designated by a funeral
117	206		service establishment, commercial embalming establishment, or
118	207		crematory who is responsible for the legal and ethical operation of
119	208		the establishment and is accountable to the Board;
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121	209		13. "Authorizing agent" means a person legally entitled to
122	210		order the cremation or final disposition of particular human remains
123	211		pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
124	212		Statutes; and
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126	213		14. "Cremation" means the technical process, using heat and
127	214		flame, or heat and pressure, that reduces human remains to essential
128	215		elements, including bone fragments. The reduction takes place
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129	243		through heat and evaporation. Cremation shall include, but not be
130	244		limited to, the processing and pulverization of the bone fragm ents,
131	245		or through alkaline hydrolysis;
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133	246		15. "Crematory" means a structure containing a furnace or
134	247		alkaline hydrolysis vessel used or intended to be used for the
135	248		cremation of human remains. The term includes a facility that
136		-	cremates human remains through alkaline hydrolysis; and ENR. H. B. NO. 1742 Page 4
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	249	+	cremates human remains through al kaline hydrolysis; and
138	250		16. "Alkaline hydrolysis" means the reduction of human remains
139	251		to bone fragments and essential elements in a licensed crematory
140	252		using heat, pressure, water and base chemical agents .
141		-
142	253		SECTION 2. AMENDATORY 59 O.S. 2011, Section 396.5, is
143	254		amended to read as follows:
144		-
145		-	Section 396.5 All licenses issued by the Board shall expire on
	255	+	Section 396.5. All licenses issued by the Board shall expire on
146	256		the 31st day of December of each year. The Board shall issue a
147	257		renewal for such lice nse without further examination upon the
148	258		payment of a renewal fee as required by Section 396.4 of this title.
149	259		A funeral director or embalmer who fails to apply for a renewal
150	260		license for a period of three (3) years or more , shall be reinstated
151	261		by taking a written and oral examination, as required by the Board,
152	262		and by paying a fee of Twenty-five Dollars ($25.00) and the current
153	263		years' dues as required by Section 396.4 o f this title.
154		-
155	264		SECTION 3. This act shall become effective November 1, 2021 .
156		-	ENR. H. B. NO. 1742 Page 5
157		-	Passed the House of Representatives the 10th day of March, 2021.
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162		-	Presiding Officer of the House
163		-	of Representatives
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166		-	Passed the Senate the 15th day of April, 2021.
167		-
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171		-	Presiding Officer of the Senate
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173		-
174		-	OFFICE OF THE GOVERNOR
175		-	Received by the Office of the Governor this ____________________
176		-	day of ___________________, 20_______, at _______ o'clock _______ M.
177		-	By: _________________________________
178		-	Approved by the Governor of the State of Oklahoma this _________
179		-	day of __________________ _, 20_______, at _______ o'clock _______ M.
180		-
181		-
182		-	_________________________________
183		-	Governor of the State of Oklahoma
184		-
185		-	OFFICE OF THE SECRETARY OF STATE
186		-	Received by the Office of the Secretary of State this __________
187		-	day of ___________________, 20_______, at _______ o'clock _______ M.
188		-	By: _________________________________
189		-
	265	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
	266	+	March 30, 2021 - DO PASS