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SENATE FLOOR VERSION
April 10, 2025
ENGROSSED HOUSE
BILL NO. 2286 By: Hilbert of the House
and
Coleman of the Senate
An Act relating to professions and occupations;
creating the assistant funeral director license;
establishing license applicat ion requirements;
creating license procedures; amending 59 O.S. 2021,
Section 396, as amended by Section 1, Chapter 32,
O.S.L. 2023 (59 O.S. Supp. 2024, Section 396),
modifying sunset date; providing for codification;
providing an effective date ; and declaring an
emergency.
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 nu mbering, reads as follows:
A. The term "assistant funeral director " as herein used means a
person who assists a duly Oklahoma -licensed funeral director in one
or more of the principal functions of funeral directing, and is
actively engaged in such work. An assistant funeral director shall
be an employee of the funeral director -in-charge under whom the
employee is registered, and shall be a person to whom the funeral
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director-in-charge delegates the responsibility of conducting
funeral services, making fun eral arrangements, and making
interments.
B. The Oklahoma Funeral 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 registration 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 examination, 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 sat isfactory
proof that the applicant is capable and trustworthy to act as such
and that the applicant is a person of good moral character, has a
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
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a bar to licensure. Each person applying for an assistant funeral
director's license shall make appli cation and be recommended 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 accredited college or
university before such license can be issued to the applicant. Upon
issuing a license to an assistant funeral director, as herein
provided, the Board shall cause the licensee to be registered under
the supervision of the Oklahoma-licensed 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 re-employment
of the licensee by any other funeral director -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 -licensed 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.
Subject to the provisions of this section, each license shall be
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renewable on an annual basis upon the filing of a renewal
application prior to the expira tion date of the license and upon
payment of the renewal fee.
D. The assistant funeral director 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, as
amended by Section 1, Chapter 32, O.S.L. 2023 (59 O.S. Supp. 2024,
Section 396), is amended to read as follows:
Section 396. There is hereby re-created, to continue until July
1, 2024 2029, in accordance with th e provisions of the Oklahoma
Sunset Law, the Oklahoma Funeral Board. Any reference in the
statutes to the Oklahoma State Board of Embalmers and Funeral
Directors shall be a reference to the Oklahoma Funeral Board. The
Board shall consist of seven (7) per sons, who shall be appointed by
the Governor. The term of membership of each member of the Board
shall be five (5) years from the expiration of the term of the
member succeeded. Any member having served as a member of the Board
shall be eligible for reap pointment. Provided that, a member of the
Board shall serve no more than two consecutive terms and any
unexpired term that a member is appointed to shall not apply to this
limit. The Governor shall appoint the necessary members to the
Board upon vacancies and immediately prior to the expiration of the
various terms. Upon request of the Governor, appointments of a
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licensed embalmer and funeral director member of the Board shall be
made from a list of five qualified persons submitted by the Oklahoma
Funeral Directors Association. An appointment to fill a vacancy
shall be for the unexpired term. A member of the Board shall serve
until a successor is appointed and qualified. No person shall be a
member of the Board, unless, at the time of appointment, the person
is of good moral character and a resident of this state. Five of
the members shall have been actively engaged in the practice of
embalming and funeral directing in this state for not less than
seven (7) consecutive years immediately prior to the ap pointment of
the person, shall have an active license as provided by the Funeral
Services Licensing Act, shall keep the license effective, and remain
a resident of this state during the entire time the person serves on
the Board. Two of the members of the Board shall be chosen from the
general public, one of whom shall, if possible, be a person licensed
and actively engaged in the health care field, and shall not be
licensed funeral directors or embalmers or have any interest,
directly or indirectly, in an y funeral establishment or any business
dealing in funeral services, supplies or equipment. These two
members shall be appointed to serve for five -year terms.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
April 10, 2025 - DO PASS