Req. No. 11051 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 2174 By: Pfeiffer AS INTRODUCED An Act relating to professions and occupations; creating the assistant funeral director license; establishing qualifications and regist ration for the license; establishing rules and regulations; providing for codification; amending 59 O.S. 2021, Section 396.4, which relates to fees; establishing the assistant funeral director license fee; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 396.3b of Title 59, unless there is created a duplication in numbering, reads as follows: Section 396.3b. A. The term "Assistant Funeral Director " as used herein means a person who assists a duly Oklahoma license d funeral director in one or more of the principal functions of funeral directing and is actively engaged in such work. An assistant funeral director must be an employee of the funeral director-in-charge under whom the employee is registered, and shall be a person to whom the funeral director -in-charge delegates the Req. No. 11051 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responsibility of conducting funeral services, making funeral arrangements, and making interments. B. The State Board may, in its discretion, license assistant funeral directors to each Oklahoma licensed Funeral Director -in- Charge. The Funeral Director -in-Charge shall have only one assistant funeral director. Licensure as an assistant funeral director shall be separate and distinct from registratio n as an apprentice funeral director and/or embalmer. The Board may issue an assistant funeral director license on successful completion of the Oklahoma Funeral Board law examina tion, the manner and form of which is to be determined by the Board, and upon the payment of the application fee, which shall include the license fee for the current year or portion thereof, and such application and registration and renewal fee shall be in the amount fixed by the Board in accordance with the provision of Section 396.4 of Title 59 of the Oklahoma Statutes. Before issuing a license to an applicant for an assistant funeral director's license, the Board shall require satisfactory proof that the applicant is capable and trustworthy to act as such and that the applicant is a person of good moral character, has good standing in the community , and is qualified to engage in the business. In determining the moral character of any such applicant, the Board shall take into consideration any felony conviction of such person, but such conviction shall not automatically operate as a bar to licensure. Each person applying for an assistant funeral Req. No. 11051 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 director's license shall make application and be recommende d in writing on forms provided by the Board. The application shall show that the applicant is at least eighteen (18) years of age and shall have at least sixty (60) semester hours of study earned, measured in quarter or clock hours, from a regionally accr edited college or university before such license can be issued to the applican t. Upon issuing a license to an assistant funeral director as herein provided, the Board shall cause the licensee to be registered in under the supervision of the Oklahoma licen sed funeral director by whom such licensee is employed and under whom such licensee is registered. The funeral director under whom the assistant funeral director has been registered must immediately notify the Board when the licensee has left the director 's employ. Upon the reemployment of the licensee by any other funeral directo r-in-charge, such licensee shall be reinstated by the Board. The work of an assistant funeral director shall at all times be under the supervision and control of the Oklahoma li censed funeral director under whom the licensee is registered. Licenses of assistant funeral directors may be suspended or revoked, or the Board may refuse to issue or renew the same, for any of the reasons and in the manner stated herein for funeral directors' licenses. C. The expiration date of each license shall be December 31 annually. Subject to the provisions of this section, each license shall be renewable on an annual basis upon the filing of a renewal Req. No. 11051 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 application prior to the expiration date of the license and upon payment of the renewal fee. D. The funeral director assistant shall complete continuing education in accordance with the provision of Section 396.5b of Title 59 of the Oklahoma Statutes . SECTION 2. AMENDATORY 59 O.S. 2021, Section 396.4, is amended to read as follows: Section 396.4. A. 1. The Oklahoma Funeral Board shall set fees pursuant to rule for all licenses, registrations, examinations and renewals required by the Funeral Services Licensing Act. 2. Until the Oklahoma Funeral Board sets fees pursuant to rule, the following shall be the fees charged for the licenses, registrations, and examinations required by the Funeral Services Licensing Act: Funeral Director License or Renewal $75.00 Embalmer License or Renewal $75.00 Registration for Funeral Director/Embalmer Apprentice $150.00 Extension of Funeral Director/Embalmer Apprentice $150.00 Funeral Director Assistant $250.00 Embalmer Examination $100.00 Funeral Director Examination $100.00 State Law Examination $100.00 Funeral Establishment License or Renewal $250.00 Commercial Embalming Establishment License or Renewal $250.00 Req. No. 11051 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Reciprocal License for Funeral Director or Embalmer $150.00 Change of Funeral Director in Charge $150.00 Crematory License or Ren ewal $250.00 B. The Oklahoma Funeral Board shall assess Three Dollars ($3.00) for each disposition performed by the licensed funeral establishment or commercial embalming establishment. The disposition fee shall be payable upon renewal of the license as provided in subsection E of this section and shall be calculated from November 1 of the preceding calendar year to October 31 of the current calendar year for each licensee. For purposes of this subsection, "disposition" means each time the licensed estab lishment files an original death certificate pursuant to Section 1 -317 of Title 63 of the Oklahoma Statutes. C. Fees for funeral director, embalmer, and state law examinations shall be paid prior to the scheduled examination. An examination fee shall not be refundable. D. The Oklahoma Funeral Board is authorized to determine and fix special administrative service fees. Each such fee shall not be in excess of Two Hundred Dollars ($200.00). E. If any renewal fee required by this section is not paid on or before December 31 of each year, the amount of the fee shall be doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically. Req. No. 11051 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. All examinations of the Ok lahoma Funeral Board shall be exempt from the Oklahoma Open Records Act in order to maintain the integrity of the examination process. Copies of completed examinations shall only be released upon receipt of a court order from a court of competent jurisdic tion. SECTION 3. This act shall become effective November 1, 2025. 60-1-11051 TKR 01/03/25