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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2173 By: Pfeiffer
AS INTRODUCED
An Act relating to cremation; amending 59 O.S. 2021,
Section 396.2, which relates to definitions;
modifying a definition; amending 59 O.S. 2021,
Section 396.2a, which relates to additional powers
and duties of Oklahoma Funeral Board; requiring
crematory operators be registered with the Board;
amending 59 O.S. 2021, Section 396.12, which relates
to funeral establishment, display of licen see's name,
inspection, rules and regulations, revocation of
license, and grounds for refusal to issue or renew;
prohibiting certain sales of cremation services via
the Internet; amending 59 O.S. 2021, Section 396.29,
which relates to cremation of dead bod y; providing
for a signed cremation authorization; providing
requirement for a signed cremation authorization;
amending 59 O.S. 2021, Section 396.30, which relates
to crematory and license required; clarifying
establishment license authorities and cremator y or
reduction facility authorities; removing annual
report requirement; and p roviding 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:
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Section 396.2. As used in the Funeral Services Licensing Act:
1. "Embalmer" means a person who disinfects 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 inject ion, 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 prepar ing for the burial or disposal
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 public, or
e. is responsible for the legal and ethical operation of
a crematory;
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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 pract ice of funeral directing, as the
case may be, under the instruction and personal supervision of a
duly licensed embalmer or a duly licensed funeral director of and in
the State of Oklahoma, pursuant to the provisions of the Funeral
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 comm on carrier or release to next of kin
of the deceased or the designee of the next of kin;
7. "First call" means the beginning of the relationship and
duty of the funeral director to take charge of dead human remains
and have such remains prepared by embalm ing, cremation, or
otherwise, for burial or disposition, provided all laws per taining
to public health in this state are complied with. First call does
not include calls made by ambulance, when the person dispatching the
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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 director or embalmer at the specified time and
place of the providing of acts of funeral service;
9. "Commercial embalming establishm ent" means a fixed place of
business consisting of an equipped preparation roo m, 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;
10. "Funeral service merchandise or funeral 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 supplies 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 grave
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
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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
limited to, the processing and pulverization of the bone fragments,
or through alkaline hydrolysis;
15. "Crematory or reduction facility " means a structure
containing a furnace or alkaline hydro lysis vessel used or intended
to be used for the cremation reduction of human remains. The term
includes a facility that cremates human remains through alkaline
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 and base chemical agents.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.2a, is
amended to read as follows:
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Section 396.2a. In addition to any other powers and duties
imposed by law, the Oklahoma Funeral Board shall have the power and
duty to:
1. Prescribe and promulgate rules necessary to effectuate the
provisions of the Funeral Services Licensing Act, and to make orders
as it may deem necessary or e xpedient in the performance of its
duties;
2. Prepare, conduct and grade exam inations, written or oral, of
persons who apply for the issuance of licenses to them;
3. Determine the satisfactory passing score on such
examinations and issue licenses to pers ons who pass the examinations
or are otherwise entitled to licensure;
4. Determine eligibility for licenses and certificates of
apprenticeship;
5. Issue licenses for funeral directors, embalmers, funeral
establishments, commercial embalming establishment s, and
crematories, and each crematory operator shall be registered with
the Board;
6. Issue certificates of apprenticeship;
7. Upon good cause shown, as hereinafter provided, deny the
issuance of a license or certificate of apprenticeship or suspend,
revoke or refuse to renew licenses or certificates of
apprenticeship, and upon proper showing, to reinstate them;
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8. Review, affirm, reverse, vacate or modify its order with
respect to any such denial, suspension, revocation or refusal to
renew;
9. Establish and levy administrative penalties against any
person or entity who violates any of the provisions of the Funeral
Services Licensing Act or any rule promulgated pursuant thereto;
10. Obtain an office, secure facilities and employ, direct,
discharge and define the duties and set the salaries of office
personnel as deemed necessary by the Board;
11. Initiate disciplinary, prosecution and injunctive
proceedings against any person or entity who violates any of the
provisions of the Funeral Services Licensin g Act or any rule
promulgated pursuant thereto;
12. Investigate alleged viola tions of the Funeral Services
Licensing Act or of the rules, orders or final orders of the Board;
13. Promulgate rules of conduct governing the practice of
licensed funeral dire ctors, embalmers, funeral establishments, and
commercial embalming establishments and sale of funeral service
merchandise;
14. Keep accurate and complete records of its proceedings and
certify the same as may be appropriate;
15. Request prosecution by th e district attorney or the
Attorney General of this state of any person or any violation of the
Funeral Services Licensing Act;
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16. When it deems appropriate, confer with the Attorney General
of this state or the assistants of the Attorney General in
connection with all legal matters and questions;
17. Take such other action as may be reasonably necessary or
appropriate to effectuate the Funeral Services Licensing Act;
18. Promulgate rules, issue licenses, and regulate crematories
pursuant to the Funeral Services Licensing Act;
19. Issue temporary licenses to a funeral establishm ent when
its facilities are destroyed or damaged in order that the funeral
establishment can continue to operate. During the effective period
of the temporary license, the Board may waive certain licensing
requirements if the funeral establishment is making a good faith
effort to rebuild or restore its operations in order to meet all
licensing requirements;
20. Promulgate rules for continuing education for licensees
pursuant to Section 396.5b of this title; and
21. Approve course providers and course cur riculum for
licensure of a funeral director.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 396.12, is
amended to read as follows:
Section 396.12. A. Any place where a person shall hold forth
by word or act that the person is engaged in the profession of
undertaking or funeral directing shall be deemed as a funeral
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establishment and shall be licensed as such pursuant to the
provisions of the Funeral Servic es Licensing Act.
B. A funeral establishment shall not do business in a locat ion
that is not licensed as a funeral establishment, shall not advertise
a service that is available from an unlicensed location, and shall
advertise itself by the name that the establishment is licensed as
pursuant to the Funeral Services Licensing Act.
C. Every funeral establishment, commercial embalming
establishment, and crematory shall be operated by a funeral director
in charge. Each establishment license shall be conspicu ously
displayed at the location.
D. The Oklahoma Funeral Board shall have the power to inspect
the premises in which funeral directing is conducted or where
embalming or cremation is practiced or where an applicant proposed
to practice, and the Board is h ereby empowered to prescribe and
endorse rules for reasonable sanitation of such establishments,
including necessary drainage, ventilation, and necessary and
suitable instruments for the business or profession of embalming and
funeral directing.
E. Any place where a person shall hold forth by word or act
that such person is engaged in preparing and shipping of dead human
remains to funeral establishments inside and outside this state
shall be deemed a commercial embalming establishment and shall be
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licensed as such pursuant to the provisions of the Funeral Services
Licensing Act.
F. A person shall not sell or offer to sell cremation services
within this state via the Internet unless the person owns a funeral
establishment, reduction facility, or direct cre mation facility
located within this state that is licensed by the Oklahoma Fun eral
Board.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 396.29, is
amended to read as follows:
Section 396.29. A. The person charged by law with the d uty of
burying the body of a deceased person may discharge such duty by
causing the body to be cremated as authorized and provided for in
the following sections of this article, but the body of a deceased
person shall not be disposed of by cremation, or ot her similar
means, within the State of Oklahoma, except in a crematory duly
licensed as provided for herein, and then only under a special
permit for cremation issued in accordance with the provisions
hereof. No human remains may be cremated without a sig ned cremation
authorization. The authorization shall at a minimum contain the
following information:
1. The name of the decedent;
2. The decedent's date of birth;
3. The decedent's date of death;
4. The decedent's time of death;
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5. The decedent's place of death;
6. Name, address, and establishment license number of the
arranging funeral home;
7. Name and license number of the arranging funeral director ;
8. Name, address, and establishment number of the affiliated
cremation or reduction facility;
9. The permit number of the cremation or reduction machine
utilized for the cremation or reduction of the named decedent ;
10. Office of the Chief Medical Examiner issued cremation or
reduction permit number. The permit number shall be attached to th e
authorization when received;
11. Cremation ID Disc serial number ;
12. Description of the cremation container utilized ;
13. Description of the urn or other container into which the
decedent's cremated or reduced remains are placed ;
14. The name of the autho rizing agent;
15. The authorizing agent 's relation to the decedent ;
16. Signature of the authorizing agent with the corresponding
date signed;
17. Signature of arranging funeral director with the
corresponding date signed ; and
18. Name, address, and te lephone number of the person or place
to whom the cremated or reduced remains are to be released, if not
the authorizing agent .
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B. Upon the completion of each cremation, and insofar as is
practicable, all of the recoverable residue of the cremation proces s
shall be removed from the crematory and placed in a separate
container so that the residue may not be commingled with the
cremated remains of other persons. Cremated remains of a dead human
shall not be divided or separated without the prior written con sent
of the authorizing agent.
C. A funeral director or funeral establishment that has
received express written authorization for final disposition or
cremation from the authorizing agent shall not be liable if the
final disposition or cremation is perfor med in accordance with the
provisions of the Funeral Services Licensing Act. The funeral
director or funeral establishment shall not be liable for following
in a reasonable fashion the instructions of any persons who falsely
represent themselves as the pr oper authorizing agents.
D. Absent the receipt of a court order or other suit able
confirmation of resolution, a funeral director or funeral
establishment shall not be liable for refusing to accept human
remains for final disposition or cremation if the fu neral director
or other agent of the funeral establishment:
1. Is aware of any dispute concerning the final disposition or
cremation of the human remains; or
2. Has a reasonable basis for questioning any of the
representations made by the authorizing age nt.
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E. Each funeral establishment which offers or performs
cremations shall maintain an identification system that ensures the
ability of the funeral establishment to identify the human remains
in its possession throughout all phases of the cremation proc ess.
Upon completion of the cremation process, the crematory operator
shall attest to the identity of the cremated remains and the date,
time, and place the cremation process occurred on a form prescribed
by rule of the Oklahoma Funeral Board. The form s hall accompany the
human remains in all phases of transportation, cremation, a nd return
of the cremated remains.
F. The authorizing agent is responsible for the disposition of
the cremated remains. If, after sixty (60) calendar days from the
date of cremation, the authorizing agent or the representative of
the agent has not specified the ultimate disposition or claimed the
cremated remains, the funeral establishment in possession of the
cremated remains may dispose of the cremated remains in a dignified
and humane manner in accordance with any state, county, or municipal
laws or provisions regarding the disposition of cremated remains,
except as provided in subsection G of this section. A record of
this disposition shall be made and kept by the entity mak ing the
disposition. Upon the disposition of unclaimed cremated remains in
accordance with this subsection, the funeral establishment and
entity which disposed the cremated remains shall be discharged from
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any legal obligation or liability concerning the disposition of the
cremated remains.
G. If the authorizing agent determines t hat the unclaimed
cremated remains are those of a military veteran, the funeral
establishment may transfer the remains to a charitable organization
approved by the Military Depar tment of the State of Oklahoma for the
purpose of providing a dignified and honorable funeral for the
veteran at a veterans cemetery. The charitable organization shall
be listed as an exempt organization under Section 501(c) of the
Internal Revenue Code, 26 U.S.C., Section 501(c). Upon the transfer
of the veteran's remains to the charitable organization, the funeral
establishment shall be discharged from any legal obligation or
liability concerning the disposition of the cremated remains.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 396.30, is
amended to read as follows:
Section 396.30. A. No person shall dispose of the body of any
deceased person by cremation or other similar means, within this
state, without first having obtain ed from the Oklahoma Funeral Board
an annual license to operate a crematory.
B. Application for an annual license shall be made to the
executive director of the Board upon forms prescribed and furnished
by the executive director, shall give the location o f the crematory,
and any other information as the executive director shall require,
and shall be accompanied by the crematory license fee pursuant to
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Section 396.4 of this title. A crematory or reduction facility
shall not be licensed separately from a fu neral or commercial
embalming establishment but shall be licensed in conjuncti on with
and operated by a funeral service or commercial embalming
establishment. A crematory or reduction facility license is not
equivalent to an establishment license and is s olely a supplement to
an existing or proposed establishment license, granting the
establishment permission to install and operate a permitted
cremation or reduction machine. The holder of a crematory or
reduction facility license is prohibited from advert ising, offering,
or soliciting cremation or reduction services to the public s olely
in the name of the crematory or reduction facility license or under
any name other than that of its affiliated establishment as
presented on its Board-issued funeral establ ishment license. Annual
licenses shall expire on December 31 each year, shall specify the
name or names of the owners of the crematory and the location
thereof, the funeral director in charge, and shall not be
transferable either as to the ownership of th e crematory, the
funeral director in charge or as to the location thereof. Th e first
annual license issued for any crematory at any location shall not be
issued by the executive director until the executive director has
been satisfied:
1. That the crematory is, or will be, so constructed as to be
capable of reducing the body of a deceased person to a residue which
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shall not weigh more than five percent (5%) of the weight of the
body immediately after death; and
2. That the crematory has at least one oper able crematory for
cremation.
The requirement of paragraph 1 of this subsectio n may, but need
not, be waived by the executive director for any subsequent annual
license issued for the same crematory.
C. All funeral establishments performing cremations sha ll have
a licensed funeral director in charge.
D. Each funeral establishment performing cremation services
shall keep records as required by the Board to assure compliance
with all laws relating to the disposition of dead human remains and
shall file annually with the Board a report in the form prescribed
by the Board describing the operations of the licensee, including
the number of cremations performed, the disposition thereof, and any
other information that the Board may require by rule.
E. A funeral establishment performing cremation services shall
be subject to all local, state, and federal health and environmental
requirements and shall obtain all necessary licenses and permits
from the Oklahoma Funeral Board, and the appropriate federal and
state health and environmental authorities.
F. Crematories licensed by the Board on t he effective date of
this act shall be exempt from the provisions of subsections C, D and
E of this section.
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G. All crematories shall be subject to inspection, at all
reasonable times, by the Board or its duly authorized agents or
employees.
SECTION 6. This act shall become effective November 1, 2025.
60-1-11050 TJ 12/30/24