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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2035 By: Archer
AS INTRODUCED
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 396.2, which relates
to Funeral Services Licensing Act defi nitions;
defining terms; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.2, is
amended to read as follows:
Section 396.2. As used in the Funeral Services Licensing Act:
1. "Embalmer" means a person who dis infects or preserves dead
human remains, entire or in part, by the use of chemical substances,
fluids or gases in the remains, or by the introduction of same into
the remains by vascular or hypodermic injection, or by direct
application into organs or cavities;
2. "Funeral director" means a person who:
a. is engaged in or conducts or represents themselves as
being engaged in preparing for the burial or disposal
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and directing and supervising the burial or disposal
of dead human remains,
b. is engaged in or conducts or represents themselves as
being engaged in maintaining a funeral establishment
for the preparation and the disposition, or for the
care of dead human remains,
c. uses, in connection with the name of the person or
funeral establishment, the words "funeral director" or
"undertaker" or "mortician" or any other title
implying that the person is engaged as a funeral
director,
d. sells funeral service merchandise to the publi c, or
e. is responsible for the legal and ethical operation of
a crematory;
3. "Funeral establishment " means a place of business used in
the care and preparation for burial, commercial embalming, or
transportation of dead human remains, or any place where any person
or persons shall hold forth and be engaged in the profession of
undertaking or funeral directing;
4. "Apprentice" means a person who is engaged in learning the
practice of embalming or the practice of funeral directing, as the
case may be, under the instruction and personal supervision of a
duly licensed embalmer or a d uly licensed funeral director of and in
the State of Oklahoma, pursuant to the provisions of the Funeral
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Services Licensing Act, and who is duly registered as such with said
Board;
5. "Board" means the Oklahoma Funeral Board;
6. "Directing a funeral" or "funeral directing" means directing
funeral services from the time of the first call until final
disposition or release to a common carrier or release to next of kin
of the deceased or the designee of the next of kin;
7. "First call" means the beginning o f the relationship and
duty of the funeral director to take charge of dead human remains
and have such remains prepared by embalming, cremation, or
otherwise, for burial or dispo sition, provided all laws pertaining
to public health in this state are complied with. First call does
not include calls made by ambulance, when the person dispatching the
ambulance does not know whether or not dead human remains are to be
picked up;
8. "Personal supervision " means the physical presence of a
licensed funeral direc tor or embalmer at the specified time and
place of the providing of acts of funeral service;
9. "Commercial embalming establishment " means a fixed place of
business consisting o f an equipped preparation room, and other rooms
as necessary, for the specified purpose of performing preparation
and shipping services of dead human remains to funeral
establishments inside and outside this state;
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10. "Funeral service merchandise or fune ral services" means
those products and services normally provided by funeral
establishments and required to be listed on the General Price List
of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
including, but not limited to, the sale of burial su pplies and
equipment, but excluding the sale by a cemetery of lands or
interests therein, services incidental thereto, markers, memorials,
monuments, equipment, crypts, niches or outer enclosures;
11. "Outer enclosure" means a grave liner, grave box, or g rave
vault;
12. "Funeral director in charge " means an individual licensed
as both a funeral director and embalmer designated by a funeral
service establishment, commercial embalming establishment, or
crematory who is responsible for the legal and ethical operation of
the establishment and is accountable to the Board;
13. "Authorizing agent" means a person legally entitled to
order the cremation or final disposition of particular human remains
pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
Statutes;
14. "Cremation" means the technical process, using heat and
flame, or heat and pressure, that reduces human remains to essential
elements, including bone fragments. The reduction takes place
through heat and evaporation. Cremation shall include, but not be
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limited to, the processing and pulverization of the bone fragments,
or through alkaline hydrolysis;
15. "Crematory" means a structure containing a furnace or
alkaline hydrolysis vessel used or intended to be used for the
cremation of human rem ains. The term includes a facility that
cremates human remains through alkali ne hydrolysis; and
16. "Alkaline hydrolysis" means the reduction of human remains
to bone fragments and essential elements in a licensed crematory
using heat, pressure, water an d base chemical agents ; and
17. "Transportation protection agreement " means an agreement
that primarily provides for the coordination and arranging of all
professional services related to the preparation for the purpose of
transportation and subsequent tr ansportation of human remains or
cremated remains. A transportation protectio n agreement shall not
constitute funeral service merchandise or funeral services. A
transportation protection agreement shall be exempt from the
requirements of this chapter and Title 36 of the Oklahoma Statutes
and the Oklahoma Insurance Code .
SECTION 2. This act shall become effective November 1, 2025.
60-1-11138 TKR 01/13/25