39 | 36 | | |
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40 | 37 | | |
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41 | 38 | | |
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42 | 39 | | |
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43 | 40 | | An Act relating to professions and occupations; |
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44 | 41 | | creating the assistant funeral director license; |
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45 | 42 | | establishing license application requirements; |
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46 | 43 | | creating license procedures; amending 59 O.S. 2021, |
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47 | 44 | | Section 396, as amended by Section 1, Chapter 32, |
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48 | 45 | | O.S.L. 2023 (59 O.S. Supp. 2024, Section 396), |
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49 | 46 | | modifying sunset date; providing for codification; |
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50 | 47 | | providing an effective date ; and declaring an |
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51 | 48 | | emergency. |
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52 | 49 | | |
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53 | 50 | | |
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54 | 51 | | |
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55 | 52 | | |
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56 | 53 | | |
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57 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 55 | | SECTION 1. NEW LAW A new section of law to be codified |
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59 | 56 | | in the Oklahoma Statutes as Section 396.3b of Title 59, unless there |
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60 | 57 | | is created a duplication in numbering, reads as follows: |
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61 | 58 | | A. The term "assistant funeral director " as herein used means a |
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62 | 59 | | person who assists a duly Oklahoma -licensed funeral director in one |
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63 | 60 | | or more of the principal functions of funeral directing, and is |
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64 | 61 | | actively engaged in such work. An assistant funeral director shall |
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65 | 62 | | be an employee of the funeral director -in-charge under whom the |
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66 | 63 | | employee is registered, and shall be a person to whom the funeral |
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95 | 91 | | funeral services, making funeral arrangements, and making |
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96 | 92 | | interments. |
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97 | 93 | | B. The Oklahoma Funeral Board may, in its discretion, license |
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98 | 94 | | assistant funeral directors to each Oklahoma -licensed funeral |
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99 | 95 | | director-in-charge. The funeral director-in-charge shall have only |
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100 | 96 | | one assistant funeral director. Licensure as an assistant funeral |
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101 | 97 | | director shall be separate and distinct from registration as an |
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102 | 98 | | apprentice funeral director and/or embalmer. The Board may issue an |
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103 | 99 | | assistant funeral director license on successful completion of the |
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104 | 100 | | Oklahoma Funeral Board Law examination, the m anner and form of which |
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105 | 101 | | is to be determined by the Board, and upon the payment of the |
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106 | 102 | | application fee which shall include the license fee for the current |
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107 | 103 | | year or portion thereof, and such application and registration and |
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108 | 104 | | renewal fee shall be in the amount fixed by the Board in accordance |
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109 | 105 | | with the provision of Section 396.4 of Title 59 of the Oklahoma |
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110 | 106 | | Statutes. Before issuing a license to an applicant for an assistant |
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111 | 107 | | funeral director's license, the Board shall require satisfactory |
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112 | 108 | | proof that the applicant is capable and trustworthy to act as such |
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113 | 109 | | and that the applicant is a person of good moral character, has a |
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114 | 110 | | good standing in the community and is qualified to engage in the |
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115 | 111 | | business. In determining the moral character of any such applican t, |
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116 | 112 | | the Board shall take into consideration any felony conviction of |
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117 | 113 | | such person, but such conviction shall not automatically operate as |
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146 | 141 | | director's license shall make application and be recommended in |
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147 | 142 | | writing on forms provided by the Board. The application shall show |
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148 | 143 | | that the applicant is at least eighteen (18) years of age and shall |
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149 | 144 | | have at least sixty (60) semester hours of study earned, measured in |
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150 | 145 | | quarter or clock hours, from a regionall y accredited college or |
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151 | 146 | | university before such license can be issued to the applicant. Upon |
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152 | 147 | | issuing a license to an assistant funeral director, as herein |
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153 | 148 | | provided, the Board shall cause the licensee to be registered under |
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154 | 149 | | the supervision of the Oklahoma -licensed funeral director by whom |
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155 | 150 | | such licensee is employed and under whom such licensee is |
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156 | 151 | | registered. The funeral director under whom the assistant funeral |
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157 | 152 | | director has been registered must immediately notify the Board when |
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158 | 153 | | the licensee has left the dire ctor's employ. Upon the re-employment |
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159 | 154 | | of the licensee by any other funeral director -in-charge, such |
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160 | 155 | | licensee shall be reinstated by the Board. The work of an assistant |
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161 | 156 | | funeral director shall at all times be under the supervision and |
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162 | 157 | | control of the Oklahoma -licensed funeral director under whom the |
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163 | 158 | | licensee is registered. Licenses of assistant funeral directors may |
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164 | 159 | | be suspended or revoked, or the Board may refuse to issue or renew |
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165 | 160 | | the same, for any of the reasons and in the manner stated herein for |
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166 | 161 | | funeral directors' licenses. |
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167 | 162 | | C. The expiration date of each license shall be December 31. |
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168 | 163 | | Subject to the provisions of this section, each license shall be |
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197 | 191 | | application prior to the expiration date of the license and upon |
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198 | 192 | | payment of the renewal fee. |
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199 | 193 | | D. The assistant funeral director shall complete continuing |
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200 | 194 | | education in accordance with the provision of Section 396.5b of |
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201 | 195 | | Title 59 of the Oklahoma Statutes . |
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202 | 196 | | SECTION 2. AMENDATORY 59 O .S. 2021, Section 396, as |
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203 | 197 | | amended by Section 1, Chapter 32, O.S.L. 2023 (59 O.S. Supp. 2024, |
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204 | 198 | | Section 396), is amended to read as follows: |
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205 | 199 | | Section 396. There is hereby re-created, to continue until July |
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206 | 200 | | 1, 2024 2029, in accordance with the provisions of the Oklahoma |
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207 | 201 | | Sunset Law, the Oklahoma Funeral Board. Any reference in the |
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208 | 202 | | statutes to the Oklahoma State Board of Embalmers and Funeral |
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209 | 203 | | Directors shall be a reference to the Oklahoma Funeral Board. The |
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210 | 204 | | Board shall consist of seven (7) persons, who shall be appointed by |
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211 | 205 | | the Governor. The term of membership of each member of the Board |
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212 | 206 | | shall be five (5) years from the expiration of the term of the |
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213 | 207 | | member succeeded. Any member having served as a member of the Board |
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214 | 208 | | shall be eligible for reappointment. Provided that, a member of the |
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215 | 209 | | Board shall serve no more than two consecutive terms and any |
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216 | 210 | | unexpired term that a member is appointed to shall not apply to this |
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217 | 211 | | limit. The Governor shall appoint the necessary members to the |
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218 | 212 | | Board upon vacancies and immediately prior to the expiration of the |
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219 | 213 | | various terms. Upon request of the Governor, appointments of a |
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248 | 241 | | made from a list of five qualified persons submitted by the Oklahoma |
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249 | 242 | | Funeral Directors Association. An appoin tment to fill a vacancy |
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250 | 243 | | shall be for the unexpired term. A member of the Board shall serve |
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251 | 244 | | until a successor is appointed and qualified. No person shall be a |
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252 | 245 | | member of the Board, unless, at the time of appointment, the person |
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253 | 246 | | is of good moral character and a resident of this state. Five of |
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254 | 247 | | the members shall have been actively engaged in the practice of |
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255 | 248 | | embalming and funeral directing in this state for not less than |
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256 | 249 | | seven (7) consecutive years immediately prior to the appointment of |
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257 | 250 | | the person, shall have an active license as provided by the Funeral |
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258 | 251 | | Services Licensing Act, shall keep the license effective, and remain |
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259 | 252 | | a resident of this state during the entire time the person serves on |
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260 | 253 | | the Board. Two of the members of the Board shall be ch osen from the |
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261 | 254 | | general public, one of whom shall, if possible, be a person licensed |
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262 | 255 | | and actively engaged in the health care field, and shall not be |
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263 | 256 | | licensed funeral directors or embalmers or have any interest, |
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264 | 257 | | directly or indirectly, in any funeral establishment or any busi ness |
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265 | 258 | | dealing in funeral services, supplies or equipment. These two |
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266 | 259 | | members shall be appointed to serve for five -year terms. |
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267 | 260 | | SECTION 3. This act shall become effective July 1, 2025. |
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268 | 261 | | SECTION 4. It being immediately necessary for the preservation |
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269 | 262 | | of the public peace, health or safety, an emergency is hereby |
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297 | | - | declared to exist, by reason whereof this act shall take effect and |
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298 | | - | be in full force from and after its passage and approval. |
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299 | | - | COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE |
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300 | | - | April 10, 2025 - DO PASS |
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| 291 | + | Passed the House of Representatives the 24th day of March, 2025. |
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| 292 | + | |
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| 293 | + | |
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| 294 | + | |
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| 295 | + | |
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| 296 | + | Presiding Officer of the House |
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| 297 | + | of Representatives |
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| 298 | + | |
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| 299 | + | |
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| 300 | + | |
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| 301 | + | Passed the Senate the _____ day of __________, 2025. |
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| 302 | + | |
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| 304 | + | |
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| 305 | + | |
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| 306 | + | Presiding Officer of the Senate |
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