Oklahoma § 59-396.2 - Definitions

§ 59-396.2. Definitions

As used in the Funeral Services Licensing Act:

1. "Embalmer" means a person who disinfects or preserves dead

human remains, entire or in part, by the use of chemical substances,

fluids or gases in the remains, or by the introduction of same into

the remains by vascular or hypodermic injection, or by direct

application into organs or cavities;

2. "Funeral director" means a person who:

a.

is engaged in or conducts or represents themselves as

being engaged in preparing for the burial or disposal

and directing and supervising the burial or disposal

of dead human remains,

b.

is engaged in or conducts or represents themselves as

being engaged in maintaining a funeral establishment

for the preparation and the disposition, or for the

care of dead human remains,

c.

uses, in connection with the name of the person or

funeral establishment, the words "funeral director" or

"undertaker" or "mortician" or any other title

implying that the person is engaged as a funeral

director,

d.

sells funeral service merchandise to the public, or

e.

is responsible for the legal and ethical operation of

a crematory;

3. "Funeral establishment" means a place of business used in

the care and preparation for burial, commercial embalming, or

transportation of dead human remains, or any place where any person

or persons shall hold forth and be engaged in the profession of

undertaking or funeral directing;

4. "Apprentice" means a person who is engaged in learning the

practice of embalming or the practice of funeral directing, as the

case may be, under the instruction and personal supervision of a

duly licensed embalmer or a duly licensed funeral director of and in

the State of Oklahoma, pursuant to the provisions of the Funeral

Services Licensing Act, and who is duly registered as such with said

Board;

Oklahoma Statutes - Title 59. Professions and Occupations

5. "Board" means the Oklahoma Funeral Board;

6. "Directing a funeral" or "funeral directing" means directing

funeral services from the time of the first call until final

disposition or release to a common carrier or release to next of kin

of the deceased or the designee of the next of kin;

7. "First call" means the beginning of the relationship and

duty of the funeral director to take charge of dead human remains

and have such remains prepared by embalming, cremation, or

otherwise, for burial or disposition, provided all laws pertaining

to public health in this state are complied with. First call does

not include calls made by ambulance, when the person dispatching the

ambulance does not know whether or not dead human remains are to be

picked up;

8. "Personal supervision" means the physical presence of a

licensed funeral director or embalmer at the specified time and

place of the providing of acts of funeral service;

9. "Commercial embalming establishment" means a fixed place of

business consisting of an equipped preparation room, and other rooms

as necessary, for the specified purpose of performing preparation

and shipping services of dead human remains to funeral

establishments inside and outside this state;

10. "Funeral service merchandise or funeral services" means

those products and services normally provided by funeral

establishments and required to be listed on the General Price List

of the Federal Trade Commission, 15 U.S.C., Section 57a(a),

including, but not limited to, the sale of burial supplies and

equipment, but excluding the sale by a cemetery of lands or

interests therein, services incidental thereto, markers, memorials,

monuments, equipment, crypts, niches or outer enclosures;

11. "Outer enclosure" means a grave liner, grave box, or grave

vault;

12. "Funeral director in charge" means an individual licensed

as both a funeral director and embalmer designated by a funeral

service establishment, commercial embalming establishment, or

crematory who is responsible for the legal and ethical operation of

the establishment and is accountable to the Board;

13. "Authorizing agent" means a person legally entitled to

order the cremation or final disposition of particular human remains

pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma

Statutes;

14. "Cremation" means the technical process, using heat and

flame, or heat and pressure, that reduces human remains to essential

elements, including bone fragments. The reduction takes place

through heat and evaporation. Cremation shall include, but not be

limited to, the processing and pulverization of the bone fragments,

or through alkaline hydrolysis;

Oklahoma Statutes - Title 59. Professions and Occupations

15. "Crematory" means a structure containing a furnace or

alkaline hydrolysis vessel used or intended to be used for the

cremation of human remains. The term includes a facility that

cremates human remains through alkaline hydrolysis; and

16. "Alkaline hydrolysis" means the reduction of human remains

to bone fragments and essential elements in a licensed crematory

using heat, pressure, water and base chemical agents.

Added by Laws 1941, p. 625, § 3, emerg. eff. May 20, 1941. Amended

by Laws 1963, c. 117, § 2, emerg. eff. May 31, 1963; Laws 1989, c.

297, § 2, eff. Nov. 1, 1989; Laws 1999, c. 64, § 2, eff. July 1,

1999; Laws 2003, c. 57, § 3, emerg. eff. April 10, 2003; Laws 2013,

c. 97, § 1, eff. Nov. 1, 2013; Laws 2021, c. 148, § 1, eff. Nov. 1,

2021.

§59-396.2a. Board - Additional powers and duties.

In addition to any other powers and duties imposed by law, the

Oklahoma Funeral Board shall have the power and duty to:

1. Prescribe and promulgate rules necessary to effectuate the

provisions of the Funeral Services Licensing Act, and to make orders

as it may deem necessary or expedient in the performance of its

duties;

2. Prepare, conduct and grade examinations, written or oral, of

persons who apply for the issuance of licenses to them;

3. Determine the satisfactory passing score on such

examinations and issue licenses to persons who pass the examinations

or are otherwise entitled to licensure;

4. Determine eligibility for licenses and certificates of

apprenticeship;

5. Issue licenses for funeral directors, embalmers, funeral

establishments, commercial embalming establishments, and

crematories;

6. Issue certificates of apprenticeship;

7. Upon good cause shown, as hereinafter provided, deny the

issuance of a license or certificate of apprenticeship or suspend,

revoke or refuse to renew licenses or certificates of

apprenticeship, and upon proper showing, to reinstate them;

8. Review, affirm, reverse, vacate or modify its order with

respect to any such denial, suspension, revocation or refusal to

renew;

9. Establish and levy administrative penalties against any

person or entity who violates any of the provisions of the Funeral

Services Licensing Act or any rule promulgated pursuant thereto;

10. Obtain an office, secure facilities and employ, direct,

discharge and define the duties and set the salaries of office

personnel as deemed necessary by the Board;

11. Initiate disciplinary, prosecution and injunctive

proceedings against any person or entity who violates any of the

Oklahoma Statutes - Title 59. Professions and Occupations

provisions of the Funeral Services Licensing Act or any rule

promulgated pursuant thereto;

12. Investigate alleged violations of the Funeral Services

Licensing Act or of the rules, orders or final orders of the Board;

13. Promulgate rules of conduct governing the practice of

licensed funeral directors, embalmers, funeral establishments, and

commercial embalming establishments and sale of funeral service

merchandise;

14. Keep accurate and complete records of its proceedings and

certify the same as may be appropriate;

15. Request prosecution by the district attorney or the

Attorney General of this state of any person or any violation of the

Funeral Services Licensing Act;

16. When it deems appropriate, confer with the Attorney General

of this state or the assistants of the Attorney General in

connection with all legal matters and questions;

17. Take such other action as may be reasonably necessary or

appropriate to effectuate the Funeral Services Licensing Act;

18. Promulgate rules, issue licenses, and regulate crematories

pursuant to the Funeral Services Licensing Act;

19. Issue temporary licenses to a funeral establishment when

its facilities are destroyed or damaged in order that the funeral

establishment can continue to operate. During the effective period

of the temporary license, the Board may waive certain licensing

requirements if the funeral establishment is making a good faith

effort to rebuild or restore its operations in order to meet all

licensing requirements;

20. Promulgate rules for continuing education for licensees

pursuant to Section 396.5b of this title; and

21. Approve course providers and course curriculum for

licensure of a funeral director.

Added by Laws 1989, c. 297, § 3, eff. Nov. 1, 1989. Amended by Laws

1999, c. 64, § 3, eff. July 1, 1999; Laws 2003, c. 57, § 4, emerg.

eff. April 10, 2003; Laws 2017, c. 204, § 1, eff. Nov. 1, 2017.