Oklahoma § 59-396.12 - Funeral establishment required to be licensed – Display

§ 59-396.12. Funeral establishment required to be licensed – Display

of license - Inspection of premises - Sanitary rules – Commercial

embalming establishments.

A. Any place where a person shall hold forth by word or act

that the person is engaged in the profession of undertaking or

funeral directing shall be deemed as a funeral establishment and

shall be licensed as such pursuant to the provisions of the Funeral

Services Licensing Act.

B. A funeral establishment shall not do business in a location

that is not licensed as a funeral establishment, shall not advertise

a service that is available from an unlicensed location, and shall

advertise itself by the name that the establishment is licensed as

pursuant to the Funeral Services Licensing Act.

Oklahoma Statutes - Title 59. Professions and Occupations

C. Every funeral establishment, commercial embalming

establishment, and crematory shall be operated by a funeral director

in charge. Each establishment license shall be conspicuously

displayed at the location.

D. The Oklahoma Funeral Board shall have the power to inspect

the premises in which funeral directing is conducted or where

embalming or cremation is practiced or where an applicant proposed

to practice, and the Board is hereby empowered to prescribe and

endorse rules for reasonable sanitation of such establishments,

including necessary drainage, ventilation, and necessary and

suitable instruments for the business or profession of embalming and

funeral directing.

E. Any place where a person shall hold forth by word or act

that such person is engaged in preparing and shipping of dead human

remains to funeral establishments inside and outside this state

shall be deemed a commercial embalming establishment and shall be

licensed as such pursuant to the provisions of the Funeral Services

Licensing Act.

Added by Laws 1941, p. 238, § 13, emerg. eff. May 20, 1941. Amended

by Laws 1945, p. 193, § 5, emerg. eff. April 28, 1945; Laws 1961, p.

455, § 5, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 3, emerg.

eff. April 27, 1970; Laws 1989, c. 297, § 8, eff. Nov. 1, 1989; Laws

1999, c. 64, § 10, eff. July 1, 1999; Laws 2003, c. 57, § 12, emerg.

eff. April 10, 2003.

§59-396.12a. Embalming to be performed by licensed embalmer or

apprentice - Holding out as funeral director, embalmer, etc. without

license prohibited.

A. No person shall place any chemical substance, fluid or gas

on or in dead human remains who is not a licensed embalmer. This

prohibition shall not apply to a registered apprentice, working

under the supervision of a licensed embalmer and shall not apply to

medical students or their teachers in state-maintained medical

schools in this state.

B. No person shall act or represent themselves as a funeral

director, embalmer, apprentice, provide funeral services or

merchandise or operate a funeral establishment or a commercial

embalming establishment without a current license or registration

issued pursuant to the Funeral Services Licensing Act.

Added by Laws 1989, c. 297, § 9, eff. Nov. 1, 1989. Amended by Laws

1999, c. 64, § 11, eff. July 1, 1999.

§59-396.12b. Conducting funeral, persons authorized - Embalming,

persons authorized - Transfer or removal of remains.

A. Each funeral conducted within this state shall be under the

personal supervision of a duly licensed funeral director who holds a

valid license from the Oklahoma Funeral Board. A registered

Oklahoma Statutes - Title 59. Professions and Occupations

apprentice may assist in conducting funerals. To conduct a funeral

shall require the personal supervision of a licensed funeral

director from the time of the first call until interment is

completed. A funeral director conducting a funeral in this state

shall ensure that the casket or other container holding the deceased

human remains shall not incur any damage other than that which is

normally incurred in the burial or final disposition of human

remains.

B. The embalming of dead human remains shall require the

presence and the direct supervision of a duly licensed embalmer,

however, a licensed registered apprentice embalmer may perform the

embalming of a dead human provided said registered apprentice

embalmer is under the direct supervision of a duly licensed

embalmer.

C. Nothing in this section regarding the conduct of funerals or

personal supervision of a licensed director, a registered apprentice

embalmer, or licensed embalmer, shall apply to persons related to

the deceased by blood or marriage. Further, nothing in this section

shall apply or in any manner interfere with the duties of any state

officer or any employee of a local state institution.

D. Dead human remains shall be picked up on first call only

under the direction and supervision of a licensed funeral director

or embalmer. Dead human remains may be picked up or transferred

without the personal supervision of a funeral director or embalmer;

provided however, any inadvertent contact with family members or

other persons shall be restricted to identifying the employer to the

person, arranging an appointment with the employer for any person

who indicates a desire to make funeral arrangements for the deceased

and making any disclosure to the person that is required by any

federal or state regulation. A funeral director or embalmer who

directs the removal or transfer of dead human remains without

providing personal supervision shall be held strictly accountable

for compliance with the requirements of the Funeral Services

Licensing Act.

Added by Laws 1989, c. 297, § 10, eff. Nov. 1, 1989. Amended by

Laws 2003, c. 57, § 13, emerg. eff. April 10, 2003; Laws 2013, c.

97, § 3, eff. Nov. 1, 2013.

§59-396.12c. Refusal to issue or renew, revocation or suspension of

license – Grounds – Definitions.

A. After notice and hearing pursuant to Article II of the

Administrative Procedures Act, the Oklahoma Funeral Board may refuse

to issue or renew, or may revoke or suspend, any license or

registration for any one or combination of the following:

1. Conviction of a felony crime that substantially relates to

the occupation of a funeral director and poses a reasonable threat

to public safety;

Oklahoma Statutes - Title 59. Professions and Occupations

2. Conviction of a misdemeanor involving funeral services;

3. Gross malpractice or gross incompetency, which shall be

determined by the Board;

4. False or misleading advertising as a funeral director or

embalmer;

5. Violation of any of the provisions of the Funeral Services

Licensing Act or any violation of Sections 201 through 231 of Title

8 of the Oklahoma Statutes;

6. Fraud or misrepresentation in obtaining a license;

7. Using any casket or part thereof which has previously been

used as a receptacle for, or in connection with, the burial or other

disposition of dead human remains, unless the disclosure is made to

the purchaser;

8. Violation of any rules of the Board in administering the

purposes of the Funeral Services Licensing Act;

9. Use of intoxicating liquor sufficient to produce drunkenness

in public, or habitual addiction to the use of habit-forming drugs

or either;

10. Solicitation of business, either personally or by an agent,

from a dying individual or the relatives of a dead or individual

with a terminal condition, as defined by the Oklahoma Advance

Directive Act, other than through general advertising;

11. Refusing to properly release a dead human body to the

custody of the person entitled to custody;

12. Violating applicable state laws relating to the failure to

file a death certificate, cremation permit, or prearrangement or

prefinancing of a funeral;

13. Failing to obtain other necessary permits as required by

law in a timely manner;

14. Failing to comply with the Funeral Rules of the Federal

Trade Commission, 15 U.S.C., Section 57a(a);

15. Failing to comply with any applicable provisions of the

Funeral Services Licensing Act at the time of issuance or renewal;

16. Improper issuance or renewal of a license or registration;

17. Violating the provisions of subsection B of Section 396.12

of this title regarding advertisement of services at locations not

licensed by the Board;

18. The abuse of a corpse whereby a person knowingly and

willfully signs a certificate as having embalmed, cremated, or

prepared a dead human body for disposition when, in fact, the

services were not performed as indicated;

19. Simultaneous cremating of more than one human dead body

without express written approval of the authorizing agent;

20. Cremating human remains without the permit required by

Section 1-329.1 of Title 63 of the Oklahoma Statutes;

Oklahoma Statutes - Title 59. Professions and Occupations

21. Intentional interference with an investigation by the Board

or failure to allow access to funeral records during an

investigation or to produce records for an investigation; or

22. Failure to properly discharge financial obligations as

established by rule of the Board.

B. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1989, c. 297, § 11, eff. Nov. 1, 1989. Amended by

Laws 1999, c. 64, § 12, eff. July 1, 1999; Laws 2003, c. 57, § 14,

emerg. eff. April 10, 2003; Laws 2013, c. 97, § 4, eff. Nov. 1,

2013; Laws 2019, c. 363, § 16, eff. Nov. 1, 2019.

§59-396.12d. Violations - Penalties - Liabilities.

Any person who violates any of the provisions of the Funeral

Services Licensing Act or rule or regulation promulgated or order

issued pursuant thereto, after notice and hearing pursuant to

Article II of the Administrative Procedures Act, shall be subject to

any of the following penalties and liabilities authorized by the

Funeral Services Licensing Act:

1. License or certificate of apprenticeship revocation, denial,

suspension or nonrenewal;

2. Administrative fines;

3. Injunctive proceedings; and

4. Other disciplinary action.

Further, such person shall be subject to criminal penalties

pursuant to the provisions of Section 396.24 of Title 59 of the

Oklahoma Statutes.

Added by Laws 1989, c. 297, § 12, eff. Nov. 1, 1989.

§59-396.12e. Administrative penalty and costs - Surrender of

license in lieu of penalty.

A. Any person or entity who has been determined by the Oklahoma

Funeral Board to have violated any provision of the Funeral Services

Licensing Act or any rule or order issued pursuant thereto may be

liable for an administrative penalty. The maximum administrative

penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any

related series of violations.

B. The Board shall be authorized, at its discretion, to take

action as the nature of the violation requires. The Board shall

have the authority to impose on the licensee, or certificate holder,

Oklahoma Statutes - Title 59. Professions and Occupations

as a condition of any adverse disciplinary action, the payment of

costs expended by the Board in investigating and prosecuting the

violation. The costs may include but are not limited to staff time,

salary and travel expenses, witness fees and attorney fees, and

shall be considered part of the order of the Board.

C. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of subsection A of this section, after

notice and hearing. In determining the amount of the penalty, the

Board shall include, but not be limited to, consideration of the

nature, circumstances and gravity of the violation and, with respect

to the person or entity found to have committed the violation, the

degree of culpability, the effect on ability of the person or entity

to continue to do business and any show of good faith in attempting

to achieve compliance with the provisions of the Funeral Services

Licensing Act. The Board shall make a report of any action to any

entity deemed appropriate for transmittal of the public record but

shall in no cause be held liable for the content of the reported

action or be made a party to any civil liability action taken as a

result of the discipline imposed by the Board. All monies collected

from the administrative penalties shall be deposited with the State

Treasurer and by the State Treasurer placed in the "Fund of the

Oklahoma Funeral Board", created pursuant to Section 17 of this act.

D. Any license or certificate of apprenticeship holder may

elect to surrender the license or certificate of apprenticeship of

the person in lieu of said penalty but shall be forever barred from

obtaining a reissuance of said license or certificate of

apprenticeship.

Added by Laws 1989, c. 297, § 13, eff. Nov. 1, 1989. Amended by

Laws 1999, c. 64, § 13, eff. July 1, 1999; Laws 2003, c. 57, § 15,

emerg. eff. April 10, 2003.

§59-396.12f. Complaints - Investigation - Hearing - Emergencies Orders - Appeal - Service of instruments.

A. Complaints against any person for alleged violations of the

Funeral Services Licensing Act or of any of the rules issued

pursuant thereto shall be in writing, signed by the complainant and

filed with the executive director of the Oklahoma Funeral Board. In

addition to the general public, any member or employee of the Board,

or the executive director of the Oklahoma Funeral Board, may sign a

complaint for any violation of which the executive director has

knowledge. All complaints shall name the person complained of, and

shall state the time and place of the alleged violations and the

facts of which the complainant has knowledge. Upon receiving a

complaint, the Board shall examine the complaint, and determine

whether there is a reasonable cause to believe the charges to be

true.

Oklahoma Statutes - Title 59. Professions and Occupations

B. If upon inspection, investigation or complaint, or whenever

the Board determines that there are reasonable grounds to believe

that a violation of the Funeral Services Licensing Act or of any

rule promulgated pursuant thereto has occurred, the Board shall give

written notice to the alleged violator specifying the cause of

complaint. The notice shall require that the matters complained of

be corrected immediately or that the alleged violator appear before

the Board at a time and place specified in the notice and answer the

charges. The notice shall be delivered to the alleged violator in

accordance with the provisions of subsection E of this section.

C. The Board shall afford the alleged violator an opportunity

for a fair hearing in accordance with the provisions of subsection F

of this section not less than fifteen (15) days after receipt of the

notice provided for in subsection B of this section. On the basis

of the evidence produced at the hearing, the Board shall make

findings of fact and conclusions of law and enter an order thereon.

The Board shall give written notice of the order to the alleged

violator and to any other persons who appeared at the hearing and

made written request for notice of the order. If the hearing is

held before a hearing officer as provided for in subsection F of

this section, the hearing officer shall transmit the record of the

hearing together with recommendations for findings of fact and

conclusions of law to the Board which shall thereupon enter its

order. The Board may enter its order on the basis of such record

or, before issuing its order, require additional hearings or further

evidence to be presented. The order of the Board shall become final

and binding on all parties unless appealed to the district court

pursuant to Article II of the Administrative Procedures Act, within

thirty (30) days after notice has been sent to the parties.

D. Whenever the Board finds that as a result of a violation of

the Funeral Services Licensing Act or any rule promulgated thereto

an emergency exists requiring immediate action to protect the public

health or welfare, the Board may without notice or hearing issue an

order stating the existence of an emergency and requiring that

action be taken as it deems necessary to meet the emergency. The

order shall be effective immediately. Any person to whom an order

is directed shall comply with the order immediately but on

application to the Board shall be afforded a hearing within ten (10)

days of receipt of the notice. On the basis of a hearing, the Board

shall continue the order in effect, revoke it or modify it. Any

person aggrieved by an order continued after the hearing provided

for in this subsection may appeal to the district court of the

county in which the person resides, or in which the business of the

person is located, within thirty (30) days of the Board's action.

The appeal when docketed shall have priority over all cases pending

on the docket, except criminal cases.

Oklahoma Statutes - Title 59. Professions and Occupations

E. Except as otherwise expressly provided by law, any notice,

order or other instrument issued by or pursuant to authority of the

Board may be served on any person affected thereby personally, by

publication or by mailing a copy of the notice, order or other

instrument by registered mail directed to the person affected at his

last-known post office address as shown by the files or records of

the Board. Proof of service shall be made as in the case of service

of a summons or by publication in a civil action or may be made by

the affidavit of the person who did the mailing. Proof of service

shall be filed in the office of the Board.

Every certificate or affidavit of service made and filed as

provided for in this subsection shall be prima facie evidence of the

facts therein stated. A certified copy thereof shall have like

force and effect.

F. The hearings authorized by this section may be conducted by

the Board. The Board may designate hearing officers who shall have

the power and authority to conduct hearings in the name of the Board

at any time and place. The hearings shall be conducted in

conformity with and records made thereof pursuant to Article II of

the Administrative Procedures Act.

G. All records on complaints filed against any licensee

pursuant to the Funeral Services Licensing Act shall be exempt from

the Oklahoma Open Records Act unless the Board gave written notice

of the complaint pursuant to subsection B of this section.

Added by Laws 1989, c. 297, § 14, eff. Nov. 1, 1989. Amended by

Laws 2003, c. 57, § 16, emerg. eff. April 10, 2003.