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Oklahoma House Bill HB2173

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2173 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2173 By: Pfeiffer
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4040 AS INTRODUCED
4141
4242 An Act relating to cremation; amending 59 O.S. 2021,
4343 Section 396.2, which relates to definitions;
4444 modifying a definition; amending 59 O.S. 2021,
4545 Section 396.2a, which relates to additional powers
4646 and duties of Oklahoma Funeral Board; requiring
4747 crematory operators be registered with the Board;
4848 amending 59 O.S. 2021, Section 396.12, which relates
4949 to funeral establishment, display of licen see's name,
5050 inspection, rules and regulations, revocation of
5151 license, and grounds for refusal to issue or renew;
5252 prohibiting certain sales of cremation services via
5353 the Internet; amending 59 O.S. 2021, Section 396.29,
5454 which relates to cremation of dead bod y; providing
5555 for a signed cremation authorization; providing
5656 requirement for a signed cremation authorization;
5757 amending 59 O.S. 2021, Section 396.30, which relates
5858 to crematory and license required; clarifying
5959 establishment license authorities and cremator y or
6060 reduction facility authorities; removing annual
6161 report requirement; and p roviding an effective date .
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7070 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
7171 SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.2, is
7272 amended to read as follows:
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9999 Section 396.2. As used in the Funeral Services Licensing Act:
100100 1. "Embalmer" means a person who disinfects or preserves dead
101101 human remains, entire or in part, by the use of chemical substances,
102102 fluids or gases in the remains, or by the introduction of same into
103103 the remains by vascular or hypodermic inject ion, or by direct
104104 application into organs or cavities;
105105 2. "Funeral director" means a person who:
106106 a. is engaged in or conducts or represents themselves as
107107 being engaged in prepar ing for the burial or disposal
108108 and directing and supervising the burial or disposal
109109 of dead human remains,
110110 b. is engaged in or conducts or represents themselves as
111111 being engaged in maintaining a funeral establishment
112112 for the preparation and the disposition , or for the
113113 care of dead human remains,
114114 c. uses, in connection with the name of the person or
115115 funeral establishment, the words "funeral director" or
116116 "undertaker" or "mortician" or any other title
117117 implying that the person is engaged as a funeral
118118 director,
119119 d. sells funeral service merchandise to the public, or
120120 e. is responsible for the legal and ethical operation of
121121 a crematory;
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148148 3. "Funeral establishment " means a place of business used in
149149 the care and preparation for burial, commercial embalming, or
150150 transportation of dead human remains, or any place where any person
151151 or persons shall hold forth and be engaged in the profession of
152152 undertaking or funeral directing;
153153 4. "Apprentice" means a person who is engaged in learning the
154154 practice of embalming or the pract ice of funeral directing, as the
155155 case may be, under the instruction and personal supervision of a
156156 duly licensed embalmer or a duly licensed funeral director of and in
157157 the State of Oklahoma, pursuant to the provisions of the Funeral
158158 Services Licensing Act, and who is duly registered as such with said
159159 Board;
160160 5. "Board" means the Oklahoma Funeral Board;
161161 6. "Directing a funeral" or "funeral directing" means directing
162162 funeral services from the time of the first call until final
163163 disposition or release to a comm on carrier or release to next of kin
164164 of the deceased or the designee of the next of kin;
165165 7. "First call" means the beginning of the relationship and
166166 duty of the funeral director to take charge of dead human remains
167167 and have such remains prepared by embalm ing, cremation, or
168168 otherwise, for burial or disposition, provided all laws per taining
169169 to public health in this state are complied with. First call does
170170 not include calls made by ambulance, when the person dispatching the
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197197 ambulance does not know whether or not dead human remains are to be
198198 picked up;
199199 8. "Personal supervision " means the physical presence of a
200200 licensed funeral director or embalmer at the specified time and
201201 place of the providing of acts of funeral service;
202202 9. "Commercial embalming establishm ent" means a fixed place of
203203 business consisting of an equipped preparation roo m, and other rooms
204204 as necessary, for the specified purpose of performing preparation
205205 and shipping services of dead human remains to funeral
206206 establishments inside and outside this state;
207207 10. "Funeral service merchandise or funeral services " means
208208 those products and services normally provided by funeral
209209 establishments and required to be listed on the General Price List
210210 of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
211211 including, but not limited to, the sale of burial supplies and
212212 equipment, but excluding the sale by a cemetery of lands or
213213 interests therein, services incidental thereto, markers, memorials,
214214 monuments, equipment, crypts, niches or outer enclosures;
215215 11. "Outer enclosure" means a grave liner, grave box, or grave
216216 vault;
217217 12. "Funeral director in charge " means an individual licensed
218218 as both a funeral director and embalmer designated by a funeral
219219 service establishment, commercial embalming establishment, or
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246246 crematory who is responsible for the legal and ethical operation of
247247 the establishment and is accountable to the Board;
248248 13. "Authorizing agent" means a person legally entitled to
249249 order the cremation or final disposition of particular human remains
250250 pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
251251 Statutes;
252252 14. "Cremation" means the technical process, using heat and
253253 flame, or heat and pressure, that reduces human remains to essential
254254 elements, including bone fragments. The reduction takes place
255255 through heat and evaporation. Cremation shall include, but not be
256256 limited to, the processing and pulverization of the bone fragments,
257257 or through alkaline hydrolysis;
258258 15. "Crematory or reduction facility " means a structure
259259 containing a furnace or alkaline hydro lysis vessel used or intended
260260 to be used for the cremation reduction of human remains. The term
261261 includes a facility that cremates human remains through alkaline
262262 hydrolysis; and
263263 16. "Alkaline hydrolysis" means the reduction of human remains
264264 to bone fragments and essential elements in a licensed crematory
265265 using heat, pressure, water and base chemical agents.
266266 SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.2a, is
267267 amended to read as follows:
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294294 Section 396.2a. In addition to any other powers and duties
295295 imposed by law, the Oklahoma Funeral Board shall have the power and
296296 duty to:
297297 1. Prescribe and promulgate rules necessary to effectuate the
298298 provisions of the Funeral Services Licensing Act, and to make orders
299299 as it may deem necessary or e xpedient in the performance of its
300300 duties;
301301 2. Prepare, conduct and grade exam inations, written or oral, of
302302 persons who apply for the issuance of licenses to them;
303303 3. Determine the satisfactory passing score on such
304304 examinations and issue licenses to pers ons who pass the examinations
305305 or are otherwise entitled to licensure;
306306 4. Determine eligibility for licenses and certificates of
307307 apprenticeship;
308308 5. Issue licenses for funeral directors, embalmers, funeral
309309 establishments, commercial embalming establishment s, and
310310 crematories, and each crematory operator shall be registered with
311311 the Board;
312312 6. Issue certificates of apprenticeship;
313313 7. Upon good cause shown, as hereinafter provided, deny the
314314 issuance of a license or certificate of apprenticeship or suspend,
315315 revoke or refuse to renew licenses or certificates of
316316 apprenticeship, and upon proper showing, to reinstate them;
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343343 8. Review, affirm, reverse, vacate or modify its order with
344344 respect to any such denial, suspension, revocation or refusal to
345345 renew;
346346 9. Establish and levy administrative penalties against any
347347 person or entity who violates any of the provisions of the Funeral
348348 Services Licensing Act or any rule promulgated pursuant thereto;
349349 10. Obtain an office, secure facilities and employ, direct,
350350 discharge and define the duties and set the salaries of office
351351 personnel as deemed necessary by the Board;
352352 11. Initiate disciplinary, prosecution and injunctive
353353 proceedings against any person or entity who violates any of the
354354 provisions of the Funeral Services Licensin g Act or any rule
355355 promulgated pursuant thereto;
356356 12. Investigate alleged viola tions of the Funeral Services
357357 Licensing Act or of the rules, orders or final orders of the Board;
358358 13. Promulgate rules of conduct governing the practice of
359359 licensed funeral dire ctors, embalmers, funeral establishments, and
360360 commercial embalming establishments and sale of funeral service
361361 merchandise;
362362 14. Keep accurate and complete records of its proceedings and
363363 certify the same as may be appropriate;
364364 15. Request prosecution by th e district attorney or the
365365 Attorney General of this state of any person or any violation of the
366366 Funeral Services Licensing Act;
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393393 16. When it deems appropriate, confer with the Attorney General
394394 of this state or the assistants of the Attorney General in
395395 connection with all legal matters and questions;
396396 17. Take such other action as may be reasonably necessary or
397397 appropriate to effectuate the Funeral Services Licensing Act;
398398 18. Promulgate rules, issue licenses, and regulate crematories
399399 pursuant to the Funeral Services Licensing Act;
400400 19. Issue temporary licenses to a funeral establishm ent when
401401 its facilities are destroyed or damaged in order that the funeral
402402 establishment can continue to operate. During the effective period
403403 of the temporary license, the Board may waive certain licensing
404404 requirements if the funeral establishment is making a good faith
405405 effort to rebuild or restore its operations in order to meet all
406406 licensing requirements;
407407 20. Promulgate rules for continuing education for licensees
408408 pursuant to Section 396.5b of this title; and
409409 21. Approve course providers and course cur riculum for
410410 licensure of a funeral director.
411411 SECTION 3. AMENDATORY 59 O.S. 2021, Section 396.12, is
412412 amended to read as follows:
413413 Section 396.12. A. Any place where a person shall hold forth
414414 by word or act that the person is engaged in the profession of
415415 undertaking or funeral directing shall be deemed as a funeral
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442442 establishment and shall be licensed as such pursuant to the
443443 provisions of the Funeral Servic es Licensing Act.
444444 B. A funeral establishment shall not do business in a locat ion
445445 that is not licensed as a funeral establishment, shall not advertise
446446 a service that is available from an unlicensed location, and shall
447447 advertise itself by the name that the establishment is licensed as
448448 pursuant to the Funeral Services Licensing Act.
449449 C. Every funeral establishment, commercial embalming
450450 establishment, and crematory shall be operated by a funeral director
451451 in charge. Each establishment license shall be conspicu ously
452452 displayed at the location.
453453 D. The Oklahoma Funeral Board shall have the power to inspect
454454 the premises in which funeral directing is conducted or where
455455 embalming or cremation is practiced or where an applicant proposed
456456 to practice, and the Board is h ereby empowered to prescribe and
457457 endorse rules for reasonable sanitation of such establishments,
458458 including necessary drainage, ventilation, and necessary and
459459 suitable instruments for the business or profession of embalming and
460460 funeral directing.
461461 E. Any place where a person shall hold forth by word or act
462462 that such person is engaged in preparing and shipping of dead human
463463 remains to funeral establishments inside and outside this state
464464 shall be deemed a commercial embalming establishment and shall be
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491491 licensed as such pursuant to the provisions of the Funeral Services
492492 Licensing Act.
493493 F. A person shall not sell or offer to sell cremation services
494494 within this state via the Internet unless the person owns a funeral
495495 establishment, reduction facility, or direct cre mation facility
496496 located within this state that is licensed by the Oklahoma Fun eral
497497 Board.
498498 SECTION 4. AMENDATORY 59 O.S. 2021, Section 396.29, is
499499 amended to read as follows:
500500 Section 396.29. A. The person charged by law with the d uty of
501501 burying the body of a deceased person may discharge such duty by
502502 causing the body to be cremated as authorized and provided for in
503503 the following sections of this article, but the body of a deceased
504504 person shall not be disposed of by cremation, or ot her similar
505505 means, within the State of Oklahoma, except in a crematory duly
506506 licensed as provided for herein, and then only under a special
507507 permit for cremation issued in accordance with the provisions
508508 hereof. No human remains may be cremated without a sig ned cremation
509509 authorization. The authorization shall at a minimum contain the
510510 following information:
511511 1. The name of the decedent;
512512 2. The decedent's date of birth;
513513 3. The decedent's date of death;
514514 4. The decedent's time of death;
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541541 5. The decedent's place of death;
542542 6. Name, address, and establishment license number of the
543543 arranging funeral home;
544544 7. Name and license number of the arranging funeral director ;
545545 8. Name, address, and establishment number of the affiliated
546546 cremation or reduction facility;
547547 9. The permit number of the cremation or reduction machine
548548 utilized for the cremation or reduction of the named decedent ;
549549 10. Office of the Chief Medical Examiner issued cremation or
550550 reduction permit number. The permit number shall be attached to th e
551551 authorization when received;
552552 11. Cremation ID Disc serial number ;
553553 12. Description of the cremation container utilized ;
554554 13. Description of the urn or other container into which the
555555 decedent's cremated or reduced remains are placed ;
556556 14. The name of the autho rizing agent;
557557 15. The authorizing agent 's relation to the decedent ;
558558 16. Signature of the authorizing agent with the corresponding
559559 date signed;
560560 17. Signature of arranging funeral director with the
561561 corresponding date signed ; and
562562 18. Name, address, and te lephone number of the person or place
563563 to whom the cremated or reduced remains are to be released, if not
564564 the authorizing agent .
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591591 B. Upon the completion of each cremation, and insofar as is
592592 practicable, all of the recoverable residue of the cremation proces s
593593 shall be removed from the crematory and placed in a separate
594594 container so that the residue may not be commingled with the
595595 cremated remains of other persons. Cremated remains of a dead human
596596 shall not be divided or separated without the prior written con sent
597597 of the authorizing agent.
598598 C. A funeral director or funeral establishment that has
599599 received express written authorization for final disposition or
600600 cremation from the authorizing agent shall not be liable if the
601601 final disposition or cremation is perfor med in accordance with the
602602 provisions of the Funeral Services Licensing Act. The funeral
603603 director or funeral establishment shall not be liable for following
604604 in a reasonable fashion the instructions of any persons who falsely
605605 represent themselves as the pr oper authorizing agents.
606606 D. Absent the receipt of a court order or other suit able
607607 confirmation of resolution, a funeral director or funeral
608608 establishment shall not be liable for refusing to accept human
609609 remains for final disposition or cremation if the fu neral director
610610 or other agent of the funeral establishment:
611611 1. Is aware of any dispute concerning the final disposition or
612612 cremation of the human remains; or
613613 2. Has a reasonable basis for questioning any of the
614614 representations made by the authorizing age nt.
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641641 E. Each funeral establishment which offers or performs
642642 cremations shall maintain an identification system that ensures the
643643 ability of the funeral establishment to identify the human remains
644644 in its possession throughout all phases of the cremation proc ess.
645645 Upon completion of the cremation process, the crematory operator
646646 shall attest to the identity of the cremated remains and the date,
647647 time, and place the cremation process occurred on a form prescribed
648648 by rule of the Oklahoma Funeral Board. The form s hall accompany the
649649 human remains in all phases of transportation, cremation, a nd return
650650 of the cremated remains.
651651 F. The authorizing agent is responsible for the disposition of
652652 the cremated remains. If, after sixty (60) calendar days from the
653653 date of cremation, the authorizing agent or the representative of
654654 the agent has not specified the ultimate disposition or claimed the
655655 cremated remains, the funeral establishment in possession of the
656656 cremated remains may dispose of the cremated remains in a dignified
657657 and humane manner in accordance with any state, county, or municipal
658658 laws or provisions regarding the disposition of cremated remains,
659659 except as provided in subsection G of this section. A record of
660660 this disposition shall be made and kept by the entity mak ing the
661661 disposition. Upon the disposition of unclaimed cremated remains in
662662 accordance with this subsection, the funeral establishment and
663663 entity which disposed the cremated remains shall be discharged from
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690690 any legal obligation or liability concerning the disposition of the
691691 cremated remains.
692692 G. If the authorizing agent determines t hat the unclaimed
693693 cremated remains are those of a military veteran, the funeral
694694 establishment may transfer the remains to a charitable organization
695695 approved by the Military Depar tment of the State of Oklahoma for the
696696 purpose of providing a dignified and honorable funeral for the
697697 veteran at a veterans cemetery. The charitable organization shall
698698 be listed as an exempt organization under Section 501(c) of the
699699 Internal Revenue Code, 26 U.S.C., Section 501(c). Upon the transfer
700700 of the veteran's remains to the charitable organization, the funeral
701701 establishment shall be discharged from any legal obligation or
702702 liability concerning the disposition of the cremated remains.
703703 SECTION 5. AMENDATORY 59 O.S. 2021, Section 396.30, is
704704 amended to read as follows:
705705 Section 396.30. A. No person shall dispose of the body of any
706706 deceased person by cremation or other similar means, within this
707707 state, without first having obtain ed from the Oklahoma Funeral Board
708708 an annual license to operate a crematory.
709709 B. Application for an annual license shall be made to the
710710 executive director of the Board upon forms prescribed and furnished
711711 by the executive director, shall give the location o f the crematory,
712712 and any other information as the executive director shall require,
713713 and shall be accompanied by the crematory license fee pursuant to
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740740 Section 396.4 of this title. A crematory or reduction facility
741741 shall not be licensed separately from a fu neral or commercial
742742 embalming establishment but shall be licensed in conjuncti on with
743743 and operated by a funeral service or commercial embalming
744744 establishment. A crematory or reduction facility license is not
745745 equivalent to an establishment license and is s olely a supplement to
746746 an existing or proposed establishment license, granting the
747747 establishment permission to install and operate a permitted
748748 cremation or reduction machine. The holder of a crematory or
749749 reduction facility license is prohibited from advert ising, offering,
750750 or soliciting cremation or reduction services to the public s olely
751751 in the name of the crematory or reduction facility license or under
752752 any name other than that of its affiliated establishment as
753753 presented on its Board-issued funeral establ ishment license. Annual
754754 licenses shall expire on December 31 each year, shall specify the
755755 name or names of the owners of the crematory and the location
756756 thereof, the funeral director in charge, and shall not be
757757 transferable either as to the ownership of th e crematory, the
758758 funeral director in charge or as to the location thereof. Th e first
759759 annual license issued for any crematory at any location shall not be
760760 issued by the executive director until the executive director has
761761 been satisfied:
762762 1. That the crematory is, or will be, so constructed as to be
763763 capable of reducing the body of a deceased person to a residue which
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790790 shall not weigh more than five percent (5%) of the weight of the
791791 body immediately after death; and
792792 2. That the crematory has at least one oper able crematory for
793793 cremation.
794794 The requirement of paragraph 1 of this subsectio n may, but need
795795 not, be waived by the executive director for any subsequent annual
796796 license issued for the same crematory.
797797 C. All funeral establishments performing cremations sha ll have
798798 a licensed funeral director in charge.
799799 D. Each funeral establishment performing cremation services
800800 shall keep records as required by the Board to assure compliance
801801 with all laws relating to the disposition of dead human remains and
802802 shall file annually with the Board a report in the form prescribed
803803 by the Board describing the operations of the licensee, including
804804 the number of cremations performed, the disposition thereof, and any
805805 other information that the Board may require by rule.
806806 E. A funeral establishment performing cremation services shall
807807 be subject to all local, state, and federal health and environmental
808808 requirements and shall obtain all necessary licenses and permits
809809 from the Oklahoma Funeral Board, and the appropriate federal and
810810 state health and environmental authorities.
811811 F. Crematories licensed by the Board on t he effective date of
812812 this act shall be exempt from the provisions of subsections C, D and
813813 E of this section.
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840840 G. All crematories shall be subject to inspection, at all
841841 reasonable times, by the Board or its duly authorized agents or
842842 employees.
843843 SECTION 6. This act shall become effective November 1, 2025.
844844
845845 60-1-11050 TJ 12/30/24