Oklahoma 2022 Regular Session

Oklahoma House Bill HB3359 Compare Versions

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3	34		BILL NO. 3359 By: McCall of the House
4	35
5	36		and
6	37
7	38		Pederson of the Senate
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15	43		An Act relating to professions and occupations ;
16	44		amending 59 O.S. 2021, Section s 396.3 and 396.8,
17	45		which relate to the Funeral Services Licensing Act ;
18	46		modifying qualifications and examination
19	47		requirements; and declaring an emergency .
20	48
21	49
22	50
23		-
24		-	SUBJECT: Professions and occup ations
25		-
26	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	52		SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.3, is
29	53		amended to read as follows:
30		-
31	54		Section 396.3 A. The Oklahoma Fune ral Board shall determine
32	55		the qualifications necessary to enable any person to practice as a
33	56		funeral director or embal mer, and prescribe the requir ements for a
34	57		funeral establishment or comm ercial embalming establishment. The
35	58		Board shall examine all applic ants for licenses to practice as a
36	59		funeral director or embalmer. The Board shall issue the proper
37	60		licenses to applicants who successfully pass suc h examination and
38	61		qualify pursuant to any additional requirements the Board may
39	62		prescribe.
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41	90		B. 1. Except as provided in subsection C of this section, the
42	91		minimum requirements for a license to practice funeral directing or
43	92		embalming, or both, are as follows:
44		-
45	93		An applicant for a license to practice funeral directing or
46		-	embalming shall be at least twenty (20) years of age, a legal ~~ENR. H. B. NO. 3359 Page 2~~
	94	+	embalming shall be at least twenty (20) years of age, a legal
47	95		resident of this state, and a citizen or permanent resident of the
48	96		United States. In addition, an app licant shall have at least si xty
49	97		(60) semester hours of study earned, m easured in quarter or clock
50	98		hours, from a regionally accredited col lege or university, shall be
51	99		a graduate of a program of mortuary science accredited by the
52	100		American Board of Funeral S ervice Education, and have se rved one (1)
53	101		year as a registered apprentice. The applicant may serve as a
54	102		registered apprentice prior to en rollment in an approved school of
55	103		mortuary science, or subsequent to graduation from the school, and
56	104		pass the International Conference of Funeral S ervice Examining Board
57	105		National Board Science Examination and/or Arts Examination with a
58	106		seventy-five (75) or higher score on each exam.
59		-
60	107		2. Curriculum of study for an embalmer and/or funeral director
61	108		is a program of mortuary s cience which shall be that pr escribed by
62	109		the American Board of Funeral Service Education.
63		-
64	110		C. 1. If a person chooses not to meet the qual ifications in
65	111		subsection B of this section for a funeral director, the person may
66	112		alternatively qualify for a license to practice funeral directing ,
67	113		but not embalming, upon meeting the elig ibility requirements of this
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68	141		subsection as follows: An applicant f or a license to practice
69	142		funeral directing shall be at least twenty (20) years of age, a
70	143		legal resident of this state, and a citizen or permanent r esident of
71	144		the United States. An applican t is required to complete a funeral
72	145		director course of study approv ed by the Oklahoma Funeral Board and
73	146		that is administered by a program of funeral service/mortuary
74	147		science accredited by the American Board of Funeral Service
75	148		Education (ABFSE). The funera l director course of study shall
76	149		include at least thirty (30) semeste r hours or equivalent closely
77	150		following the ABFSE curriculum standard, limited to only: Business
78	151		Management, Cremation, Social Sciences/Humanities, Legal, Ethical,
79	152		Regulatory, plus essent ial elements of embalming, restorative art,
80	153		general concerns when dea ling with human remains, a practicum
81	154		experience, and preparation for the required board exams. In
82	155		addition to the funeral director course of study the applicant is
83	156		required to complete at least sixty (60) additional semester hours
84	157		of study earned, measure d in quarter or clock hours, from a
85	158		regionally accredited college or university and must complete a
86	159		twelve-month minimum term as a registered apprentice with employment
87	160		at a licensed establishment and must have assisted with twenty-five
88	161		arrangement conferences and assisted with twenty -five separate
89	162		funeral or memorial services under the supervision of a licensed
90	163		funeral director in this state. The applicant may serve as a
91		-	registered apprentice prior to enrollment in an approved school of ENR. H. B. NO. 3359 Page 3
	164	+	registered apprentice prior to enrollment in an approved school of
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92	192		mortuary science, concurrently while in mortuary school, or
93	193		subsequent to completion of the funeral director course of study.
94		-
95	194		2. Curriculum of study for a funeral director license shall be
96	195		in a program of mortuary science which shall be that prescribed by
97	196		the Oklahoma Funeral Board. An applicant must pay all fees as
98	197		provided in Section 396.4 of this title and pass an exam provided by
99	198		the International Conference of Funeral Service Examining Board with
100	199		a score of seventy-five (75) or higher as w ell as pass a law exam
101	200		provided by the Oklahoma Funeral Board, with a score of seventy-five
102	201		(75) or higher. A license to practice as a funeral director issued
103	202		pursuant to this subsection shall be restricted to funeral director,
104	203		and the licensee shall not be elig ible to practice as the funeral
105	204		director in charge as defined in Section 396.2 of this title.
106		-
107	205		3. If a person chooses not to meet the qualifications in
108	206		subsection B of this section for an embalmer, the person may
109	207		alternatively qualify for a license to prac tice embalming, upon
110	208		meeting the eligibility requirements of this subsection as follows:
111	209		An applicant for a lic ense of this state, a citizen or permanent
112	210		resident of the United States, and of good moral character. An
113	211		applicant is required to complete an embalmer course of study
114	212		approved by the Oklaho ma Funeral Board and that is administered by a
115	213		program of funeral service/mortuary science accredited by the
116	214		American Board of Funeral Ser vice Education (ABFSE). The embalmer
117	215		course of study shall include at least thirty (30) semester hours or
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118	243		equivalent closely following the ABFSE curriculum standard, limited
119	244		to only: Biology, Chemistry, Microbiology, Human An atomy,
120	245		Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus
121	246		essential elements of gr ief, communication, and preparation for the
122	247		required board examinations. The applicant must also complete a
123	248		twelve-month minimum term as a registered apprentice with full-time
124	249		employment at a licensed establishment or licensed commercial
125	250		embalming establishment and must have assisted with twenty-five
126	251		embalmings under the supervision of a licensed embalmer in this
127	252		state. The applicant may serve as a registered apprentice prior to
128	253		enrollment in an approved school of mortuary science, concurrently
129	254		while in mortuary school, or subsequent to completion of the
130	255		embalmer course of study.
131		-
132	256		4. Curriculum of study for an embalmer license shall be in a
133	257		program of funeral service/mortuary science which shall be that
134	258		prescribed by the Oklahoma Funeral Board. An applica nt must pay all
135	259		fees as provided in Se ction 396.4 of this title and pass t he
136		-	embalmer examination provided by the Internati onal Conference of ~~ENR. H. B. NO. 3359 Page 4~~
	260	+	embalmer examination provided by the Internati onal Conference of
137	261		Funeral Service Examining Board with a score of seventy-five (75) or
138	262		higher as well as pass a law exam provided by the Oklahoma Funeral
139	263		Board with a score of seventy-five (75) or higher. A license to
140	264		practice as an embalm er issued pursuant to this subsection shall be
141	265		restricted to embalme r, and the licensee shall not be eligible to
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142	293		practice as the funeral director in charge as defined in Section
143	294		396.2 of this title.
144		-
145	295		D. The Board shall issue the appropriate license to any
146	296		qualified applicant whose appl ication has been approved by the
147	297		Board, and who has paid the fees required by Section 396.4 of this
148	298		title, has passed the required examinations with a seventy-five (75)
149	299		or higher score and has demonstrated to the Board proficiency as an
150	300		embalmer or funeral director.
151		-
152	301		E. The Board shall maintain for pu blic inspection a list of all
153	302		accredited schools of embalming and mortua ry science.
154		-
155	303		F. Each funeral director in charge as defined in Section 396.2
156	304		of this title shall have a current dual funeral director and
157	305		embalmer license. A funeral director in charge of a funeral service
158	306		establishment or crematory that does not have a cu rrent dual funeral
159	307		director and embalmer license on the effective date of this act
160	308		shall be considered to be grandfathered and may serve a s funeral
161	309		director in charge of any funeral se rvice establishment or crematory
162	310		in accordance with rules prescribed by the Board, but shall not
163	311		serve as funeral director in charge of a commercial embalming
164	312		establishment which shall require a current dual fu neral director
165	313		and embalmer license.
166		-
167	314		G. Upon the effective date of this act, and for one (1) year
168	315		thereafter, the Board may issue a temporary funer al director or
169	316		embalmer license in the event a statewide state of emergency is
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170	344		declared by the Governor and during such time as the state of
171	345		emergency is in effect.
172		-
173	346		SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.8, is
174	347		amended to read as follows:
175		-
176	348		Section 396.8 A. The Oklahoma Funeral Board shall have the
177	349		power to issue reciprocal licenses to applicants licensed in other
178	350		states which have equal or like educational requirements as required
179	351		by this state or the Board.
180		-	ENR. H. B. NO. 3359 Page 5
181	352		B. A license as an embalmer or funeral director shall be issued
182	353		without examination to an out -of-state resident intending to bec ome
183	354		a resident of this state, who submi ts to the Board satisfactory
184	355		evidence that said applicant has met all th e requirements of the
185	356		Funeral Services Licensing Act and pays the fees required by Section
186	357		396.4 of this title.
187		-
188	358		C. The Board may issue an approp riate license without further
189	359		apprenticeship to a resident of a state which does not have the same
190	360		educational requirements necessary for reciprocity with this state,
191	361		if said applicant:
192		-
193	362		1. Has a current license to practice as an embalmer or funeral
194	363		director in the state of residence of the per son;
195		-
196	364		2. Has been an active embalmer or funeral director practicing
197	365		in the state of residence of the person for at least five (5) years;
198		-
199	366		3. Has never been convicted of a felony crime that
200	367		substantially relates to the occupation of an embalmer or funeral
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201	395		director and poses a reasonable threat to public safety, and has
202	396		never been convicted of a misd emeanor related to funeral service;
203		-
204	397		4. Has never had said license revoked or suspended;
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206	398		5. Is not currently facing discip linary action;
207		-
208	399		6. Intends to practice in this state;
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210	400		7. Has filed such documents as are required by the Board ;
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212	401		8. Has paid the fee s as required by Section 396.4 of this
213	402		title;
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215	403		9. Is a citizen or permanent resident of the United States;
216		-
217	404		10. Is a graduate of an accredited program of mortuary science;
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219	405		11. Has passed the National Board Examination or State Board
220	406		Examination administered by the International Conference of Funeral
221		-	Service Examining Board; and
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	407	+	Service Examination Board ; and
223	408		12. Has passed the Oklahoma State Law Examina tion.
224		-
225		-	D. As used in this section: ENR. H. B. NO. 3359 Page 6
226		-
	409	+	D. As used in this section:
227	410		1. "Substantially relates" means the nature of criminal conduct
228	411		for which the person was convicted has a direct bearing on the
229	412		fitness or ability to perform one or more of the dut ies or
230	413		responsibilities necessarily relat ed to the occupation; and
231		-
232	414		2. "Poses a reasonable threat" means the nature of criminal
233	415		conduct for which the pe rson was convicted involved an act or threat
234	416		of harm against another and has a bearing on the fitness or ability
235	417		to serve the public or work with others in the occupation.
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237	445		SECTION 3. It being immediately necessary for the preservation
238	446		of the public peace, health or safety, an emergency is hereby
239	447		declared to exist, by reason whereof this act shall take effect and
240	448		be in full force from and after its passage an d approval.
241		-	ENR. H. B. NO. 3359 Page 7
242		-	Passed the House of Representatives the 22nd day of March, 2022.
243		-
244		-
245		-
246		-
247		-	Presiding Officer of the House
248		-	of Representatives
249		-
250		-
251		-	Passed the Senate the 28th day of April, 2022.
252		-
253		-
254		-
255		-
256		-	Presiding Officer of the Senate
257		-
258		-
259		-
260		-	OFFICE OF THE GOVERNOR
261		-	Received by the Office of the Governor this ____________________
262		-	day of ___________________, 20_______, at _______ o'clock _______ M.
263		-	By: _________________________________
264		-	Approved by the Governor of the State of Oklahoma this _____ ____
265		-	day of ___________________, 20_______, at _______ o'clock _______ M.
266		-
267		-
268		-	_________________________________
269		-	Governor of the State of Oklahoma
270		-
271		-	OFFICE OF THE SECRETARY OF STATE
272		-	Received by the Office of the Secretary of State this __________
273		-	day of ___________________, 20_______, at _______ o'clock _______ M.
274		-	By: _________________________________
275		-
	449	+	COMMITTEE REPORT BY: COMM ITTEE ON BUSINESS, COMMERCE AND TOURISM
	450	+	April 7, 2022 - DO PASS