OK
Oklahoma House Bill HB2240

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2240 Compare Versions

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334 BILL NO. 2240 By: Dobrinski of the House
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536 and
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738 Newhouse of the Senate
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1443 An Act relating to professions and occupations;
1544 amending 59 O.S. 2021, Section 396.3, as ame nded by
1645 Section 1, Chapter 217, O.S.L. 2022 (59 O.S. Supp.
1746 2022, Section 396.3), which relates to the Funeral
1847 Services Licensing Act; lowering age qualification
1948 for licensure; and declaring an emergency .
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22-SUBJECT: Professions and occupations
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2453 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2654 SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.3, as
2755 amended by Section 1, Chapter 217, O.S.L. 2022 (59 O.S. Supp. 2022,
2856 Section 396.3), is amended to read as follows:
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3057 Section 396.3 A. The Oklahoma Funeral Board shall determine
3158 the qualifications necessary to enable any person to practice as a
3259 funeral director or embal mer, and prescribe the requir ements for a
3360 funeral establishment or commercial emb alming establishment. The
3461 Board shall examine all applic ants for licenses to practice as a
3562 funeral director or embalmer. The Board shall issue the proper
3663 licenses to applicants who successfully pass suc h examination and
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3791 qualify pursuant to any additional requirements the Board may
3892 prescribe.
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4093 B. 1. Except as provided in subsection C of this section, the
4194 minimum requirements for a license to practice funeral directing or
4295 embalming, or both, are as follows:
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4496 An applicant for a license to practice funeral directing or
4597 embalming shall be at least twenty (20) eighteen (18) years of age,
46-a legal resident of this state, and a citizen or permanent resident ENR. H. B. NO. 2240 Page 2
98+a legal resident of this state, and a citizen or permanent resident
4799 of the United States. In addition, an applicant shall be a graduate
48100 of a program of mortuary science accredited by the Americ an Board of
49101 Funeral Service Education, and have se rved one (1) year as a
50102 registered apprentice. The applicant may serve as a registered
51103 apprentice prior to en rollment in an appro ved school of mortuary
52104 science, or subsequent to graduation from the school, and pass the
53105 International Conference of Funeral S ervice Examining Board National
54106 Board Science Examination and/or Arts Examination with a seventy-
55107 five (75) or higher score on each exam.
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57108 2. Curriculum of study for an embalmer and/or funeral director
58109 is a program of mortuary s cience which shall be that pr escribed by
59110 the American Board of Funeral Service Education.
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61111 C. 1. If a person chooses not to meet the qual ifications in
62112 subsection B of this section for a funeral director, the person may
63113 alternatively qualify for a license to practice funeral directing ,
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64141 but not embalming, upon meeting the eligibility requirements of this
65142 subsection as follows:
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67143 An applicant for a license to prac tice funeral directing shall
68144 be at least twenty (20) eighteen (18) years of age, a legal resident
69145 of this state, and a citizen or permanent resident of the United
70146 States. An applicant is required to complete a funeral director
71147 course of study approv ed by the Oklahoma F uneral Board and that is
72148 administered by a program of funeral service/mortuary science
73149 accredited by the American Board of Funeral Service Education
74150 (ABFSE). The funeral director course of study shall include at
75151 least thirty (30) semeste r hours or equivalent closely following the
76152 ABFSE curriculum standard, limited to only: Business Management,
77153 Cremation, Social Sciences/Humanities, Legal, Ethical, Regulatory,
78154 plus essential elements of embalming, restorative art, general
79155 concerns when dealing with human remains, a practicum experience,
80156 and preparation for the required board exams. In addition to the
81157 funeral director course of study, the applicant is required to
82158 complete a twelve-month minimum term as a registered apprentice with
83159 employment at a licensed establishment and must have assiste d with
84160 twenty-five arrangement conferences and assisted with twenty -five
85161 separate funeral or memorial se rvices under the supervision of a
86162 licensed funeral director in this state. The applicant may serve as
87163 a registered apprentice prior to enrollment in an approved school of
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88191 mortuary science, concurrently while in mortuary school, or
89192 subsequent to completion of the funeral director course of study.
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91193 2. Curriculum of study for a funeral director license shall be
92194 in a program of mortuary science which shall b e that prescribed by
93195 the Oklahoma Funeral Board. An applicant must pay all fees a s
94196 provided in Section 396.4 of this title and pass an exam provided by
95197 the International Conference of Funeral Service Examining Board with
96198 a score of seventy-five (75) or higher as w ell as pass a law exam
97199 provided by the Oklahoma Funeral Board, with a score of seventy-five
98200 (75) or higher. A license to practice as a funeral director issued
99201 pursuant to this subsection shall be restricted to funeral director,
100202 and the licensee shall not be elig ible to practice as the funeral
101203 director in charge as defined in S ection 396.2 of this t itle.
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103204 3. If a person chooses not to meet the qualifications in
104205 subsection B of this section for an embalmer, the person may
105206 alternatively qualify for a license to prac tice embalming, upon
106207 meeting the eligibility requirements of this subsection as follows :
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108208 An applicant for a license of this state, a citizen or permanent
109209 resident of the United States, and of good moral character. An
110210 applicant is required to complete an embalmer course of study
111211 approved by the Oklaho ma Funeral Board and that is administered by a
112212 program of funeral service/mortuary science accredited by the
113213 American Board of Funeral Ser vice Education (ABFSE). The embalmer
114214 course of study shall include at least thirty (30) semester hours or
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115242 equivalent closely following the ABFSE curriculum sta ndard, limited
116243 to only: Biology, Chemistry, Microbiology, Human Anatomy,
117244 Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus
118245 essential elements of gr ief, communication, and preparation for the
119246 required board examinations. The applicant must also complete a
120247 twelve-month minimum term as a registered apprentice with full-time
121248 employment at a licensed establishment or licensed commercial
122249 embalming establishment and must have assisted with twenty-five
123250 embalmings under the supervision of a licensed embalmer in this
124251 state. The applicant may serve as a registered apprentice prior to
125252 enrollment in an approved school of mortuary science, concurrently
126253 while in mortuary school, or subsequent to completion of the
127254 embalmer course of study.
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129255 4. Curriculum of study for an embalmer license shall be in a
130256 program of funeral service/mortuary science which shall be that
131257 prescribed by the Oklahoma Fune ral Board. An applicant must pay all
132258 fees as provided in Se ction 396.4 of this title and pass the
133259 embalmer examination provided by the International Conference of
134260 Funeral Service Examining Board with a score of seventy-five (75) or
135-higher as well as pass a law exam provided by the Oklahoma Funeral ENR. H. B. NO. 2240 Page 4
261+higher as well as pass a law exam provided by the Oklahoma Funeral
136262 Board with a score of seventy-five (75) or higher. A license to
137263 practice as an embalmer issued pursuant to this subsection shall be
138264 restricted to embalmer, and the licensee shall not be eligible to
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139292 practice as the funeral director in charge as defined in Section
140293 396.2 of this title.
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142294 D. The Board shall issue the appropri ate license to any
143295 qualified applicant whose application has been approved by the
144296 Board, and who has paid the fees required by Section 396.4 of this
145297 title, has passed the required examinations with a seventy-five (75)
146298 or higher score and has demonstrated t o the Board proficiency as an
147299 embalmer or funeral director.
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149300 E. The Board shall maintain for pu blic inspection a list of all
150301 accredited schools of embalming and mortua ry science.
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152302 F. Each funeral director in charge as defined in Secti on 396.2
153303 of this title shall have a current dual funeral director and
154304 embalmer license. A funeral director in charge of a funeral service
155305 establishment or crematory that does not have a cu rrent dual funeral
156306 director and embalmer license on the effective d ate of this act
157307 shall be considered to be grandfathered and may serve as funeral
158308 director in charge of any funeral se rvice establishment or crematory
159309 in accordance with rules prescribed by the Board, but shall not
160310 serve as funeral director in charge of a c ommercial embalming
161311 establishment which shall require a current dual funeral director
162312 and embalmer license.
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164313 G. Upon the effective date of this act, and for one (1) year
165314 thereafter, the Board may issue a temporary funeral director or
166315 embalmer license in th e event a statewide st ate of emergency is
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167343 declared by the Governor and during such time as the state of
168344 emergency is in effect.
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170345 SECTION 2. It being immediately necessary for the preservation
171346 of the public peace, health or safety, an emergency is hereby
172347 declared to exist, by reason whereof this act shall take effect and
173348 be in full force from and after its passage an d approval.
174- ENR. H. B. NO. 2240 Page 5
175-Passed the House of Representatives the 13th day of March, 2023.
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180- Presiding Officer of the House
181- of Representatives
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184-Passed the Senate the 18th day of April, 2023.
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189- Presiding Officer of the Senate
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191-OFFICE OF THE GOVERNOR
192-Received by the Office of the Governor this ____________________
193-day of ___________________, 20_______, at _______ o'clock _______ M.
194-By: _________________________________
195-Approved by the Governor of the State of Oklahoma this _____ ____
196-day of ___________________, 20_______, at _______ o'clock _______ M.
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199- _________________________________
200- Governor of the State of Oklahoma
201-
202-OFFICE OF THE SECRETA RY OF STATE
203-Received by the Office of the Secretary of State this __________
204-day of ___________________, 20_______, at _______ o'clock _______ M.
205-By: _________________________________
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349+COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
350+April 10, 2023 - DO PASS