Oklahoma 2025 Regular Session

Oklahoma House Bill HB2286 Compare Versions

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29-SENATE FLOOR VERSION
30-April 10, 2025
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3328 ENGROSSED HOUSE
3429 BILL NO. 2286 By: Hilbert of the House
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3833 Coleman of the Senate
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4340 An Act relating to professions and occupations;
4441 creating the assistant funeral director license;
4542 establishing license application requirements;
4643 creating license procedures; amending 59 O.S. 2021,
4744 Section 396, as amended by Section 1, Chapter 32,
4845 O.S.L. 2023 (59 O.S. Supp. 2024, Section 396),
4946 modifying sunset date; providing for codification;
5047 providing an effective date ; and declaring an
5148 emergency.
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5754 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5855 SECTION 1. NEW LAW A new section of law to be codified
5956 in the Oklahoma Statutes as Section 396.3b of Title 59, unless there
6057 is created a duplication in numbering, reads as follows:
6158 A. The term "assistant funeral director " as herein used means a
6259 person who assists a duly Oklahoma -licensed funeral director in one
6360 or more of the principal functions of funeral directing, and is
6461 actively engaged in such work. An assistant funeral director shall
6562 be an employee of the funeral director -in-charge under whom the
6663 employee is registered, and shall be a person to whom the funeral
64+director-in-charge delegates the responsibility of conducting
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94-director-in-charge delegates the responsibility of conducting
9591 funeral services, making funeral arrangements, and making
9692 interments.
9793 B. The Oklahoma Funeral Board may, in its discretion, license
9894 assistant funeral directors to each Oklahoma -licensed funeral
9995 director-in-charge. The funeral director-in-charge shall have only
10096 one assistant funeral director. Licensure as an assistant funeral
10197 director shall be separate and distinct from registration as an
10298 apprentice funeral director and/or embalmer. The Board may issue an
10399 assistant funeral director license on successful completion of the
104100 Oklahoma Funeral Board Law examination, the m anner and form of which
105101 is to be determined by the Board, and upon the payment of the
106102 application fee which shall include the license fee for the current
107103 year or portion thereof, and such application and registration and
108104 renewal fee shall be in the amount fixed by the Board in accordance
109105 with the provision of Section 396.4 of Title 59 of the Oklahoma
110106 Statutes. Before issuing a license to an applicant for an assistant
111107 funeral director's license, the Board shall require satisfactory
112108 proof that the applicant is capable and trustworthy to act as such
113109 and that the applicant is a person of good moral character, has a
114110 good standing in the community and is qualified to engage in the
115111 business. In determining the moral character of any such applican t,
116112 the Board shall take into consideration any felony conviction of
117113 such person, but such conviction shall not automatically operate as
114+a bar to licensure. Each person applying for an assistant funeral
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145-a bar to licensure. Each person applying for an assistant funeral
146141 director's license shall make application and be recommended in
147142 writing on forms provided by the Board. The application shall show
148143 that the applicant is at least eighteen (18) years of age and shall
149144 have at least sixty (60) semester hours of study earned, measured in
150145 quarter or clock hours, from a regionall y accredited college or
151146 university before such license can be issued to the applicant. Upon
152147 issuing a license to an assistant funeral director, as herein
153148 provided, the Board shall cause the licensee to be registered under
154149 the supervision of the Oklahoma -licensed funeral director by whom
155150 such licensee is employed and under whom such licensee is
156151 registered. The funeral director under whom the assistant funeral
157152 director has been registered must immediately notify the Board when
158153 the licensee has left the dire ctor's employ. Upon the re-employment
159154 of the licensee by any other funeral director -in-charge, such
160155 licensee shall be reinstated by the Board. The work of an assistant
161156 funeral director shall at all times be under the supervision and
162157 control of the Oklahoma -licensed funeral director under whom the
163158 licensee is registered. Licenses of assistant funeral directors may
164159 be suspended or revoked, or the Board may refuse to issue or renew
165160 the same, for any of the reasons and in the manner stated herein for
166161 funeral directors' licenses.
167162 C. The expiration date of each license shall be December 31.
168163 Subject to the provisions of this section, each license shall be
164+renewable on an annual basis upon the filing of a renewal
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196-renewable on an annual basis upon the filing of a renewal
197191 application prior to the expiration date of the license and upon
198192 payment of the renewal fee.
199193 D. The assistant funeral director shall complete continuing
200194 education in accordance with the provision of Section 396.5b of
201195 Title 59 of the Oklahoma Statutes .
202196 SECTION 2. AMENDATORY 59 O .S. 2021, Section 396, as
203197 amended by Section 1, Chapter 32, O.S.L. 2023 (59 O.S. Supp. 2024,
204198 Section 396), is amended to read as follows:
205199 Section 396. There is hereby re-created, to continue until July
206200 1, 2024 2029, in accordance with the provisions of the Oklahoma
207201 Sunset Law, the Oklahoma Funeral Board. Any reference in the
208202 statutes to the Oklahoma State Board of Embalmers and Funeral
209203 Directors shall be a reference to the Oklahoma Funeral Board. The
210204 Board shall consist of seven (7) persons, who shall be appointed by
211205 the Governor. The term of membership of each member of the Board
212206 shall be five (5) years from the expiration of the term of the
213207 member succeeded. Any member having served as a member of the Board
214208 shall be eligible for reappointment. Provided that, a member of the
215209 Board shall serve no more than two consecutive terms and any
216210 unexpired term that a member is appointed to shall not apply to this
217211 limit. The Governor shall appoint the necessary members to the
218212 Board upon vacancies and immediately prior to the expiration of the
219213 various terms. Upon request of the Governor, appointments of a
214+licensed embalmer and funeral director member of the Board shall be
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247-licensed embalmer and funeral director member of the Board shall be
248241 made from a list of five qualified persons submitted by the Oklahoma
249242 Funeral Directors Association. An appoin tment to fill a vacancy
250243 shall be for the unexpired term. A member of the Board shall serve
251244 until a successor is appointed and qualified. No person shall be a
252245 member of the Board, unless, at the time of appointment, the person
253246 is of good moral character and a resident of this state. Five of
254247 the members shall have been actively engaged in the practice of
255248 embalming and funeral directing in this state for not less than
256249 seven (7) consecutive years immediately prior to the appointment of
257250 the person, shall have an active license as provided by the Funeral
258251 Services Licensing Act, shall keep the license effective, and remain
259252 a resident of this state during the entire time the person serves on
260253 the Board. Two of the members of the Board shall be ch osen from the
261254 general public, one of whom shall, if possible, be a person licensed
262255 and actively engaged in the health care field, and shall not be
263256 licensed funeral directors or embalmers or have any interest,
264257 directly or indirectly, in any funeral establishment or any busi ness
265258 dealing in funeral services, supplies or equipment. These two
266259 members shall be appointed to serve for five -year terms.
267260 SECTION 3. This act shall become effective July 1, 2025.
268261 SECTION 4. It being immediately necessary for the preservation
269262 of the public peace, health or safety, an emergency is hereby
263+declared to exist, by reason whereof this act shall take effect and
264+be in full force from and after its passage and approval.
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297-declared to exist, by reason whereof this act shall take effect and
298-be in full force from and after its passage and approval.
299-COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
300-April 10, 2025 - DO PASS
291+Passed the House of Representatives the 24th day of March, 2025.
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296+ Presiding Officer of the House
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301+Passed the Senate the _____ day of __________, 2025.
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