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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3359 By: McCall
COMMITTEE SUBSTITUTE
An Act relating to professions and occupations ;
amending 59 O.S. 2021, Section s 396.3 and 396.8,
which relate to the Funeral Services Licensing Act ;
modifying qualifications and examination
requirements; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.3, is
amended to read as follows:
Section 396.3 A. The Oklahoma Fune ral Board shall determine
the qualifications necessary to enable any person to practice as a
funeral director or embal mer, and prescribe the requir ements for a
funeral establishment or commercial embalming establishment. The
Board shall examine all applic ants for licenses to practice as a
funeral director or embalmer. The Board shall issue the proper
licenses to applicants who successfully pass suc h examination and
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qualify pursuant to any additional requirements the Board may
prescribe.
B. 1. Except as provided in subsection C of this section, the
minimum requirements for a license to practice funeral directing or
embalming, or both, are as follow s:
An applicant for a license to practice funeral directing or
embalming shall be at least twenty (20) years of age, a legal
resident of this state, and a citizen or permanent resident of the
United States. In addition, an app licant shall have at least si xty
(60) semester hours of study earned, measured in quarter or clock
hours, from a regionally accredited col lege or university, shall be
a graduate of a program of mortuary science accredited by the
American Board of Funeral S ervice Education, and have se rved one (1)
year as a registered apprentice. The applicant may serve as a
registered apprentice prior to en rollment in an approved school of
mortuary science, or subsequent to graduation from the school, and
pass the International Conference of Funeral S ervice Examining Board
National Board Science Examination and/or Arts Examination with a
seventy-five (75) or higher score on each exam.
2. Curriculum of study for an embalmer and/or funeral director
is a program of mortuary s cience which shall be that pr escribed by
the American Board of Funeral Service Education.
C. 1. If a person chooses not to meet the qual ifications in
subsection B of this section for a funeral director, the person may
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alternatively qualify for a license to practice funeral directing ,
but not embalming, upon meeting the eligibility requirements of this
subsection as follows: An applicant f or a license to practice
funeral directing shall be at least twenty (20) years of age, a
legal resident of this state, and a citizen or permanent r esident of
the United States. An applicant is required to complete a funeral
director course of study approv ed by the Oklahoma Funeral Board and
that is administered by a program of funeral service/mortuary
science accredited by the American Board of Funeral Service
Education (ABFSE). The funeral director course of study shall
include at least thirty (30) semeste r hours or equivalent closely
following the ABFSE curriculum standard, limited to only: Business
Management, Cremation, Social Sciences/Human ities, Legal, Ethical,
Regulatory, plus essential elements of embalming, restorative art,
general concerns when dea ling with human remains, a practicum
experience, and preparation for the required board exams. In
addition to the funeral director course of study the applicant is
required to complete at least sixty (60) additional semester hours
of study earned, measure d in quarter or clock hours, from a
regionally accredited college or university and must complete a
twelve-month minimum term as a registered apprentice with employment
at a licensed establishment and must have assisted with twenty -five
arrangement conferences and assisted with twenty -five separate
funeral or memorial services under the supervision of a licensed
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funeral director in this state. The applicant may serve as a
registered apprentice prior to enrollment in an approved school of
mortuary science, concurrently while in mortuary school, or
subsequent to completion of the funeral director course of study.
2. Curriculum of study for a fun eral director license shall be
in a program of mortuary science which shall be that prescribed by
the Oklahoma Funeral Board. An applicant must pay all fees as
provided in Section 396.4 of this title and pass an exam provided by
the International Conferen ce of Funeral Service Examining Board with
a seventy-five (75) or higher as well as pass a law exam provided by
the Oklahoma Funeral Board, with a seventy -five (75) or higher. A
license to practice as a funeral director issued pur suant to this
subsection shall be restricted to funeral director, and the licensee
shall not be eligible to practice as the funeral director in charge
as defined in Section 396.2 of this title.
3. If a person chooses not to meet the qualifications in
subsection B of this section for an embalmer, the person may
alternatively qualify for a license to practice embalming, upon
meeting the eligibility requirements of this subsection as follows:
An applicant for a lic ense of this state, a citizen or permanent
resident of the United States, and of good moral character. An
applicant is required to complete an embalmer course of study
approved by the Oklaho ma Funeral Board and that is administered by a
program of funeral service/mortuary science accredited by the
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American Board of Funeral Ser vice Education (ABFSE). The embalmer
course of study shall include at least thirty (30) semester hours or
equivalent closely following the ABFSE curriculum standard, limited
to only: Biology, Chemistry, Microbiology, Human An atomy,
Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus
essential elements of grief, communication, an d preparation for the
required board examinations. The applicant must also complete a
twelve-month minimum term as a registered apprentice with full-time
employment at a licensed establishment or licensed commercial
embalming establishment and must have assisted with twenty-five
embalmings under the supervision of a licensed embalmer in this
state. The applicant may serve as a registered apprentice prior to
enrollment in an approved school of mortuary scien ce, concurrently
while in mortuary school, or subsequent to completion of the
embalmer course of study.
4. Curriculum of study for an embalmer license shall be in a
program of funeral service/mortuary scien ce which shall be that
prescribed by the Oklahoma Fune ral Board. An applican t must pay all
fees as provided in Se ction 396.4 of this title and pass t he
embalmer examination provided by the Internati onal Conference of
Funeral Service Examining Board with a seventy-five or higher as
well as pass a law exam provided by the Oklahoma Funer al Board with
a seventy-five or higher. A li cense to practice as an embalm er
issued pursuant to this subsection shall be restricted to embalme r,
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and the licensee shall not be eligible to practice as the funeral
director in charge as defined in Section 396.2 of this title.
D. The Board shall issue the appropriate license to any
qualified applicant whose appl ication has been approved by the
Board, and who has paid the fees required by Section 396.4 of this
title, has passed the required examinations with a seventy -five (75)
or higher score and has demonstrated to the Board proficiency as an
embalmer or funeral director.
E. The Board shall maintain for pu blic inspection a list of al l
accredited schools of embalming and mortuary science.
F. Each funeral director in charge as defined in Section 396.2
of this title shall have a current dual funeral director and
embalmer license. A funeral director in charge of a funeral service
establishment or crematory that does not have a current dual funeral
director and embalmer license on the effective date of this act
shall be considered to be grandfathered and may serve a s funeral
director in charge of any funeral se rvice establishment or crema tory
in accordance with rules prescribed by the Board, but shall not
serve as funeral director in charge of a commercial embalming
establishment which shall require a current dual fu neral director
and embalmer license.
G. Upon the effective date of this a ct, and for one (1) year
thereafter, the Board may issue a temporary funeral director or
embalmer license in the event a statewide state of emergency is
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declared by the Governor and during such time as the state of
emergency is in effect.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.8, is
amended to read as follows:
Section 396.8 A. The Oklahoma Funeral Board shall have the
power to issue reciprocal licenses to applicants licensed in other
states which have equal or like educa tional requirements as required
by this state or the Board.
B. A license as an embalmer or funeral director shall be issued
without examination to an out -of-state resident intending to bec ome
a resident of this state, who submi ts to the Board satisfactory
evidence that said applicant has met all the requirements of the
Funeral Services Licensing Act and pays the fees required by Section
396.4 of this title.
C. The Board may issue an approp riate license without further
apprenticeship to a resident of a sta te which does not have the same
educational requirements necessary for reciprocity with this state,
if said applicant:
1. Has a current license to practice as an embalmer or funeral
director in the state of residence of the per son;
2. Has been an active embalmer or funeral director practicing
in the state of residence of the person for at least five (5) years;
3. Has never been convicted of a felony crime that
substantially relates to the occupation of an embalmer or funeral
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director and poses a reasonab le threat to public safety, and has
never been convicted of a misd emeanor related to funeral service;
4. Has never had said license revoked or suspended;
5. Is not currently facing discip linary action;
6. Intends to practice in this state;
7. Has filed such documents as are required by the Board;
8. Has paid the fee s as required by Section 396.4 of this
title;
9. Is a citizen or permanent resident of the United States;
10. Is a graduate of an accredited program of mortuary science;
11. Has passed the National Board Examination or State Board
Examination administered by the International Conference of Funeral
Service Examination Board ; and
12. Has passed the Oklahoma State Law Examina tion.
D. As used in this section:
1. "Substantially relates" mean s the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the dut ies or
responsibilities necessarily relat ed to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
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SECTION 3. It being immediat ely necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
58-2-11013 LRB 03/03/22