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An Act
ENROLLED HOUSE
BILL NO. 2286 By: Hilbert of the House
and
Coleman of the Senate
An Act relating to professions and occupations;
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), which relates to Oklahoma Funeral
Board appointment; modifying sunset date; creating
the assistant funeral director license; establishing
license application requirements; creating license
procedures; amending 59 O.S. 2021, Section 396.4,
which relates to term and qualifications of directors
and fees; establishing certain fees; updating
statutory language; providing for codification;
providing an effective date; and declaring an
emergency.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 July 1, 2029, in accordance with the 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) persons, 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 reappointment. Provided, that, a member of
ENR. H. B. NO. 2286 Page 2
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
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 appointment of
the person, shall have an active license as provided by the Funeral
Services Licensing Act, shall keep the license effective, and shall
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 any 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 2. 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:
A. As used in this section, “assistant funeral director” means
a person who assists a funeral director duly licensed in this state
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 director in charge delegates the responsibility of
conducting funeral services, making funeral arrangements, and making
interments.
B. The Oklahoma Funeral Board may 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
ENR. H. B. NO. 2286 Page 3
director or embalmer. The Board may issue an assistant funeral
director license upon successful completion of the Oklahoma State
Law Examination for Funeral Directors, the manner and form of which
shall be determined by the Board, and upon payment of the
application fee which shall include the license fee for the current
year or portion thereof. Such application and registration and
renewal fee shall be in the amount fixed by the Board in accordance
with the provisions 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 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; provided, however, any such conviction shall not
automatically operate as a bar to licensure. Each person applying
for an assistant funeral director’s license shall make application
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, 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 shall immediately notify the Board when
the licensee has left the employment of the director. Upon
reemployment 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 a license, for any of the reasons and in
the manner stated in this section 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
renewable on an annual basis upon the filing of a renewal
application prior to the expiration date of the license and upon
payment of the renewal fee.
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D. The assistant funeral director shall complete continuing
education in accordance with the provisions of Section 396.5b of
Title 59 of the Oklahoma Statutes.
SECTION 3. 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
Assistant Funeral Director License or Renewal $150.00
Embalmer License or Renewal $75.00
Registration for Funeral Director/Embalmer Apprentice $150.00
Extension of Funeral Director/Embalmer Apprentice $150.00
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
Reciprocal License for Funeral Director or Embalmer $150.00
Change of Funeral Director in Charge $150.00
Crematory License or Renewal $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
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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 establishment
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.
F. All examinations of the Oklahoma 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 jurisdiction.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2286 Page 6
Passed the House of Representatives the 15th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________