Oklahoma 2025 Regular Session

Oklahoma House Bill HB2174 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 2174 By: Pfeiffer
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3838 AS INTRODUCED
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4040 An Act relating to professions and occupations;
4141 creating the assistant funeral director license;
4242 establishing qualifications and regist ration for the
4343 license; establishing rules and regulations;
4444 providing for codification; amending 59 O.S. 2021,
4545 Section 396.4, which relates to fees; establishing
4646 the assistant funeral director license fee; and
4747 providing an effective date .
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. NEW LAW A new section of law to be codified
5656 in the Oklahoma Statutes as Section 396.3b of Title 59, unless there
5757 is created a duplication in numbering, reads as follows:
5858 Section 396.3b. A. The term "Assistant Funeral Director " as
5959 used herein means a person who assists a duly Oklahoma license d
6060 funeral director in one or more of the principal functions of
6161 funeral directing and is actively engaged in such work. An
6262 assistant funeral director must be an employee of the funeral
6363 director-in-charge under whom the employee is registered, and shall
6464 be a person to whom the funeral director -in-charge delegates the
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9191 responsibility of conducting funeral services, making funeral
9292 arrangements, and making interments.
9393 B. The State Board may, in its discretion, license assistant
9494 funeral directors to each Oklahoma licensed Funeral Director -in-
9595 Charge. The Funeral Director -in-Charge shall have only one
9696 assistant funeral director. Licensure as an assistant funeral
9797 director shall be separate and distinct from registratio n as an
9898 apprentice funeral director and/or embalmer. The Board may issue an
9999 assistant funeral director license on successful completion of the
100100 Oklahoma Funeral Board law examina tion, the manner and form of which
101101 is to be determined by the Board, and upon the payment of the
102102 application fee, which shall include the license fee for the current
103103 year or portion thereof, and such application and registration and
104104 renewal fee shall be in the amount fixed by the Board in accordance
105105 with the provision of Section 396.4 of Title 59 of the Oklahoma
106106 Statutes. Before issuing a license to an applicant for an assistant
107107 funeral director's license, the Board shall require satisfactory
108108 proof that the applicant is capable and trustworthy to act as such
109109 and that the applicant is a person of good moral character, has good
110110 standing in the community , and is qualified to engage in the
111111 business. In determining the moral character of any such applicant,
112112 the Board shall take into consideration any felony conviction of
113113 such person, but such conviction shall not automatically operate as
114114 a bar to licensure. Each person applying for an assistant funeral
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141141 director's license shall make application and be recommende d in
142142 writing on forms provided by the Board. The application shall show
143143 that the applicant is at least eighteen (18) years of age and shall
144144 have at least sixty (60) semester hours of study earned, measured in
145145 quarter or clock hours, from a regionally accr edited college or
146146 university before such license can be issued to the applican t. Upon
147147 issuing a license to an assistant funeral director as herein
148148 provided, the Board shall cause the licensee to be registered in
149149 under the supervision of the Oklahoma licen sed funeral director by
150150 whom such licensee is employed and under whom such licensee is
151151 registered. The funeral director under whom the assistant funeral
152152 director has been registered must immediately notify the Board when
153153 the licensee has left the director 's employ. Upon the reemployment
154154 of the licensee by any other funeral directo r-in-charge, such
155155 licensee shall be reinstated by the Board. The work of an assistant
156156 funeral director shall at all times be under the supervision and
157157 control of the Oklahoma li censed funeral director under whom the
158158 licensee is registered. Licenses of assistant funeral directors may
159159 be suspended or revoked, or the Board may refuse to issue or renew
160160 the same, for any of the reasons and in the manner stated herein for
161161 funeral directors' licenses.
162162 C. The expiration date of each license shall be December 31
163163 annually. Subject to the provisions of this section, each license
164164 shall be renewable on an annual basis upon the filing of a renewal
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191191 application prior to the expiration date of the license and upon
192192 payment of the renewal fee.
193193 D. The funeral director assistant shall complete continuing
194194 education in accordance with the provision of Section 396.5b of
195195 Title 59 of the Oklahoma Statutes .
196196 SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.4, is
197197 amended to read as follows:
198198 Section 396.4. A. 1. The Oklahoma Funeral Board shall set
199199 fees pursuant to rule for all licenses, registrations, examinations
200200 and renewals required by the Funeral Services Licensing Act.
201201 2. Until the Oklahoma Funeral Board sets fees pursuant to rule,
202202 the following shall be the fees charged for the licenses,
203203 registrations, and examinations required by the Funeral Services
204204 Licensing Act:
205205 Funeral Director License or Renewal $75.00
206206 Embalmer License or Renewal $75.00
207207 Registration for Funeral Director/Embalmer Apprentice $150.00
208208 Extension of Funeral Director/Embalmer Apprentice $150.00
209209 Funeral Director Assistant $250.00
210210 Embalmer Examination $100.00
211211 Funeral Director Examination $100.00
212212 State Law Examination $100.00
213213 Funeral Establishment License or Renewal $250.00
214214 Commercial Embalming Establishment License or Renewal $250.00
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241241 Reciprocal License for Funeral Director or Embalmer $150.00
242242 Change of Funeral Director in Charge $150.00
243243 Crematory License or Ren ewal $250.00
244244 B. The Oklahoma Funeral Board shall assess Three Dollars
245245 ($3.00) for each disposition performed by the licensed funeral
246246 establishment or commercial embalming establishment. The
247247 disposition fee shall be payable upon renewal of the license as
248248 provided in subsection E of this section and shall be calculated
249249 from November 1 of the preceding calendar year to October 31 of the
250250 current calendar year for each licensee. For purposes of this
251251 subsection, "disposition" means each time the licensed estab lishment
252252 files an original death certificate pursuant to Section 1 -317 of
253253 Title 63 of the Oklahoma Statutes.
254254 C. Fees for funeral director, embalmer, and state law
255255 examinations shall be paid prior to the scheduled examination. An
256256 examination fee shall not be refundable.
257257 D. The Oklahoma Funeral Board is authorized to determine and
258258 fix special administrative service fees. Each such fee shall not be
259259 in excess of Two Hundred Dollars ($200.00).
260260 E. If any renewal fee required by this section is not paid on
261261 or before December 31 of each year, the amount of the fee shall be
262262 doubled and if the fee is not paid on or before April 30 of the
263263 subsequent year, the licensee shall be in default and the license
264264 shall terminate automatically.
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291291 F. All examinations of the Ok lahoma Funeral Board shall be
292292 exempt from the Oklahoma Open Records Act in order to maintain the
293293 integrity of the examination process. Copies of completed
294294 examinations shall only be released upon receipt of a court order
295295 from a court of competent jurisdic tion.
296296 SECTION 3. This act shall become effective November 1, 2025.
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298298 60-1-11051 TKR 01/03/25