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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 957 By: Jett
AS INTRODUCED
An Act relating to Funeral Services Licensing Act;
amending 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), which relates to the
qualifications and examination of funeral directors
and embalmers; removing required accreditation for
education of certain licensure; amending 59 O.S.
2021, Section 396.8, as amended by Section 2, Chapter
217, O.S.L. 2022 (59 O.S. Supp. 2022, Section 396.8) ,
which relates to reciprocity ; providing exception;
updating statutory language; updating statutory
reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E 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 foll ows:
Section 396.3. A. The Oklahoma Funeral Board shall determine
the qualifications neces sary to enable any person to practice as a
funeral director or embalmer, and prescribe the requirements for a
funeral establishment or commercial embalming establis hment. The
Board shall examine all applicants for licenses to practice as a
funeral director or embalmer. The Board shall issue the proper
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licenses to applicants who successfully pass such examination and
qualify pursuant to any additional requirements t he 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 follows:
An applicant for a license to practice funeral directing or
embalming shall be at least twenty (20) yea rs 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 American Board of
Funeral Service Education (ABFSE), and have served one (1) year as a
registered apprentice. The applicant may serve as a registered
apprentice prior to enrollment in an approved school of mortuary
science, or subsequent to graduation from the school, and pass the
International Conference of Fu neral Service Examining Board Boards
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 science which sh all be that prescribed by
the American Board of Funeral Service Education.
C. 1. If a person chooses not to meet the qualifications in
subsection B of this section for a funeral director, the person may
alternatively qualify for a license to practice fun eral directing,
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but not embalming, upon meeting the eligibility requirements of this
subsection as follows: An applicant for 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 resident of
the United States. An applicant is required to complete a funeral
director course of study approved by the Oklahoma Funeral Board and
that is administered by a program of funeral service/mort uary
science accredited by the American Board of Funeral Service
Education (ABFSE). The funeral director course of study shall
include at least thirty (30) semester hours or equivalent closely
following the ABFSE curriculum standard , limited to only: Busi ness
Management, Cremation, Social Scie nces/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 exam s. 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
assisted with twenty -five arrangement conferences and assisted with
twenty-five separate funeral or memorial services under the
supervision 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, conc urrently while in
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mortuary school, or s ubsequent to completion of the funeral director
course of study.
2. Curriculum of study for a funeral 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 Conference of Funeral Service Examining Board
Boards with a score of seventy -five (75) or higher as well as pass a
law exam provided by the Oklahoma Funeral Board, wi th 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 eligible to practice
as the funeral director in charge as defi ned 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, upo n
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 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 embalmer
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course of study shall include at least thirty (30) s emester hours or
equivalent closely fol lowing the ABFSE curriculum standard, limited
to only: Biology, Chemistry, Microbiology, Human Anatomy,
Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus
essential elements of grief, 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 hav e 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 science, 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 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 the
embalmer examination provided by the International Conference of
Funeral Service Examining Board Boards with a score of seventy -five
(75) or higher as well as pass a law exam provided by the Oklahom a
Funeral Board with a score of seventy -five (75) or higher. A
license to practice as an embalmer issued pursuant to this
subsection shall be restricted to embalmer, and the licensee shall
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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 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 proficiency as an
embalmer or funeral director.
E. The Board shall maintain for public inspection a list of all
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 f uneral
director and embalmer license on the effective date of this act
November 1, 2013, shall be considered to be grandfathered and may
serve as funeral director in charge of any funeral service
establishment or crematory in accordance with rules prescrib ed by
the Board, but shall not serve as funeral director in charge of a
commercial embalming establishment which shall require a current
dual funeral director and embalmer license.
G. Upon the effective date of this act April 23, 2021, and for
one (1) year thereafter, the Board may issue a tem porary funeral
director or embalmer license in the event a statewide state of
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emergency is 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, as
amended by Section 2, Chapter 217, O.S.L. 2022 (59 O.S. Supp. 2022,
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 educational requirements as required
by this state or the Board; provided that, the education
requirements for reciprocity for a funeral director shall not be
accredited by the American Board of F uneral Service Education .
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 state 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;
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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
director and poses a reasonable 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 disci plinary action;
6. Intends to practice in this state;
7. Has filed such documents as are required by the Board;
8. Has paid the fees 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 Examining Board; and
12. Has passed the Oklahoma State Law E xamination.
D. As used in this section:
1. "Substantially relates" means 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 necessari ly related to the occupation; and
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2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted invol ved 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.
SECTION 3. This act shall become effective November 1, 2023 .
59-1-1630 MR 1/19/2023 11:28:03 AM