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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2240 By: Dobrinski
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 396.3, as amended by
Section 1, Chapter 217, O.S.L. 202 2 (59 O.S. Supp.
2022, Section 396.3), which relates to the Funeral
Services Licensing Act; lowering age qualification
for licensure; 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, as
amended by Section 1, Chapter 217, O.S.L. 2022 (59 O.S. Supp. 2022,
Section 396.3), is amended to read as follows:
Section 396.3 A. The Oklahoma Funeral Board shall determine
the qualifications necessar y to enable any person to practice as a
funeral director or embal mer, and prescribe the requir ements for a
funeral establishment or commercial emb alming 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
qualify pursuant to any additional requirements the Board may
prescribe.
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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 follows:
An applicant for a license to practice funeral directing or
embalming shall be at least twenty (20) eighteen (18) years of age,
a legal resident of this state, and a citizen or permanent resident
of the United States. In addition, an applicant shall be a graduate
of a program of mortuary science accredited by the Americ an Board of
Funeral Service Education, and have se rved one (1) year as a
registered apprentic e. The applicant may serve as a registered
apprentice prior to en rollment in an appro ved 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 S ervice 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
alternatively qualify for a license to practice funeral directing ,
but not embalming, upon meeting the eligi bility requirements of this
subsection as follows:
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An applicant for a license to prac tice funeral directing shall
be at least twenty (20) eighteen (18) 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 F uneral 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/Humanities, Legal, Ethical, Regulatory,
plus essential elements of embalming, restorative art, general
concerns when dealing 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 a twelve-month minimum term as a registered apprentice with
employment at a licensed establishment and must have assiste d with
twenty-five arrangement conferences and assisted with twenty -five
separate funeral or memorial services under the sup ervision of a
licensed 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 dire ctor course of study.
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2. Curriculum of study for a funeral director license shall be
in a program of mortuary science which shall b e 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 Conference of Funeral Service Examining Board with
a score of seventy-five (75) or higher as w ell as pass a law exam
provided by the Oklahoma Funeral Board, with a score of seventy-five
(75) or higher. A license to practice as a funeral director issued
pursuant to this subsection shall be restricted to funeral director,
and the licensee shall not be elig ible 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 prac tice embalming, upon
meeting the eligibility requirements of this subsection as follows :
An applicant for a license 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
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,
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Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus
essential elements of gr ief, communication, and 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 thi s
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
embalmer course of study.
4. Curriculum of study for an e mbalmer license shall be in a
program of funeral service/mortuary science which shall be that
prescribed by the Oklahoma Fune ral Board. An applicant must pay all
fees as provided in Se ction 396.4 of this title and pass t he
embalmer examination provided by the International Conference of
Funeral Service Examining Board with a score of seventy-five (75) or
higher as well as pass a law exam provided by the Oklahoma Funeral
Board with a score of seventy-five (75) or higher. A license to
practice as an embalm er issued pursuant to this subsection shall be
restricted to embalmer, and the licensee shall not be eligible to
practice as the funeral director in charge as defined in Section
396.2 of this title.
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D. The Board shall issue the appropriate license to any
qualified applicant whose application 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 proficie ncy as an
embalmer or funeral director.
E. The Board shall maintain for pu blic inspection a list of all
accredited schools of embalming and mortua ry science.
F. Each funeral director in charge as defined in Section 396.2
of this title shall have a curren t dual funeral director and
embalmer license. A funeral director in charge of a funeral service
establishment or crematory that does not have a cu rrent dual funeral
director and embalmer license on the effective date of this act
shall be considered to be grandfathered and may serve as funeral
director in charge of any funeral se rvice establishment or crematory
in accordance with rules prescribed by the Board, but shall not
serve as funeral director in charge of a commercial embalming
establishment which sh all require a current dual funeral director
and embalmer license.
G. Upon the effective date of this act, 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
declared by the Governor and during such time as the state of
emergency is in effect.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall tak e effect and
be in full force from and after its passage an d approval.
59-1-6538 LRB 01/07/23