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Oklahoma Legislature· HB 1365Becomes law without Governor's signature 05/06/2025

An act relating to professions and occupations, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1365               By: Culver

4

5

6                   AS INTRODUCED

7   An Act relating to professions and occupations;

    amending 59 O.S. 2021, Section 396.3, as last amended

8   by Section 1, Chapter 54, O.S.L. 2023 (59 O.S. Supp.

    2024, Section 396.3), which relates to funeral

9   director and embalmer examinations; establishing the

    Oklahoma Funeral Directors and Embalmers

10  Examinations; and providing an effective date.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  59 O.S. 2021, Section 396.3, as

15 last amended by Section 1, Chapter 54, O.S.L. 2023 (59 O.S. Supp.

16 2024, Section 396.3), is amended to read as follows:

17  Section 396.3. A. The Oklahoma Funeral Board shall determine

18 the qualifications necessary to enable any person to practice as a

19 funeral director or embalmer, and prescribe the requirements for a

20 funeral establishment or commercial embalming establishment. The

21 Board shall examine all applicants for licenses to practice as a

22 funeral director or embalmer. The Board shall issue the proper

23 licenses to applicants who successfully pass such examination and

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    Req. No. 12153                                                 Page 1
1 qualify pursuant to any additional requirements the Board may

2 prescribe.

3   B. 1. Except as provided in subsection C of this section, the

4 minimum requirements for a license to practice funeral directing or

5 embalming, or both, are as follows:

6   An applicant for a license to practice funeral directing or

7 embalming shall be at least eighteen (18) years of age, a legal

8 resident of this state, and a citizen or permanent resident of the

9 United States. In addition, an applicant shall be a graduate of a

10 program of mortuary science accredited by the American Board of

11 Funeral Service Education, and have served one (1) year as a

12 registered apprentice. The applicant may serve as a registered

13 apprentice prior to enrollment in an approved school of mortuary

14 science, or subsequent to graduation from the school, and pass any

15 of the following relevant exams necessary for licensure: the

16 International Conference of Funeral Service Examining Board National

17 Board Science Examination, and/or the International Conference of

18 Funeral Service Examining Board National Board Arts Examination, the

19 Oklahoma Funeral Directors Examination, or the Oklahoma Embalmers

20 Examination with a seventy-five (75) or higher score on each exam.

21  2. Curriculum of study for an embalmer and/or or funeral

22 director is a program of mortuary science which shall be that

23 prescribed by the American Board of Funeral Service Education.

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    Req. No. 12153                                                  Page 2
1  C. 1. If a person chooses not to meet the qualifications in

2 subsection B of this section for a funeral director, the person may

3 alternatively qualify for a license to practice funeral directing,

4 but not embalming, upon meeting the eligibility requirements of this

5 subsection as follows:

6  An applicant for a license to practice funeral directing shall

7 be at least eighteen (18) years of age, a legal resident of this

8 state, and a citizen or permanent resident of the United States. An

9 applicant is required to complete a funeral director course of study

10 approved by the Oklahoma Funeral Board and that is administered by a

11 program of funeral service/mortuary science accredited by the

12 American Board of Funeral Service Education (ABFSE). The funeral

13 director course of study shall include at least thirty (30) semester

14 hours or equivalent closely following the ABFSE curriculum standard,

15 limited to only: Business Management, Cremation, Social

16 Sciences/Humanities, Legal, Ethical, Regulatory, plus essential

17 elements of embalming, restorative art, general concerns when

18 dealing with human remains, a practicum experience, and preparation

19 for the required board exams. In addition to the funeral director

20 course of study, the applicant is required to complete a twelve-

21 month minimum term as a registered apprentice with employment at a

22 licensed establishment and must have assisted with twenty-five

23 arrangement conferences and assisted with twenty-five separate

24 funeral or memorial services under the supervision of a licensed

   Req. No. 12153                                                  Page 3
1 funeral director in this state. The applicant may serve as a

2 registered apprentice prior to enrollment in an approved school of

3 mortuary science, concurrently while in mortuary school, or

4 subsequent to completion of the funeral director course of study.

5   2. Curriculum of study for a funeral director license shall be

6 in a program of mortuary science which shall be that prescribed by

7 the Oklahoma Funeral Board. An applicant must pay all fees as

8 provided in Section 396.4 of this title and pass an exam provided by

9 the International Conference of Funeral Service Examining Board or

10 the Oklahoma Funeral Directors Exam with a score of seventy-five

11 (75) or higher as well as pass a law exam provided by the Oklahoma

12 Funeral Board, with a score of seventy-five (75) or higher. A

13 license to practice as a funeral director issued pursuant to this

14 subsection shall be restricted to funeral director, and the licensee

15 shall not be eligible to practice as the funeral director in charge

16 as defined in Section 396.2 of this title.

17  3. If a person chooses not to meet the qualifications in

18 subsection B of this section for an embalmer, the person may

19 alternatively qualify for a license to practice embalming, upon

20 meeting the eligibility requirements of this subsection as follows:

21  An applicant for a license of this state, a citizen or permanent

22 resident of the United States, and of good moral character. An

23 applicant is required to complete an embalmer course of study

24 approved by the Oklahoma Funeral Board and that is administered by a

    Req. No. 12153                                                  Page 4
1 program of funeral service/mortuary science accredited by the

2 American Board of Funeral Service Education (ABFSE). The embalmer

3 course of study shall include at least thirty (30) semester hours or

4 equivalent closely following the ABFSE curriculum standard, limited

5 to only: Biology, Chemistry, Microbiology, Human Anatomy,

6 Pathology, Embalming, Embalming Chemistry, and Restorative Art, plus

7 essential elements of grief, communication, and preparation for the

8 required board examinations. The applicant must also complete a

9 twelve-month minimum term as a registered apprentice with full-time

10 employment at a licensed establishment or licensed commercial

11 embalming establishment and must have assisted with twenty-five

12 embalmings under the supervision of a licensed embalmer in this

13 state. The applicant may serve as a registered apprentice prior to

14 enrollment in an approved school of mortuary science, concurrently

15 while in mortuary school, or subsequent to completion of the

16 embalmer course of study.

17  4. Curriculum of study for an embalmer license shall be in a

18 program of funeral service/mortuary science which shall be that

19 prescribed by the Oklahoma Funeral Board. An applicant must pay all

20 fees as provided in Section 396.4 of this title and pass the

21 embalmer examination provided by the International Conference of

22 Funeral Service Examining Board or the Oklahoma Embalmers Exam with

23 a score of seventy-five (75) or higher as well as pass a law exam

24 provided by the Oklahoma Funeral Board with a score of seventy-five

    Req. No. 12153                                                  Page 5
1 (75) or higher. A license to practice as an embalmer issued

2 pursuant to this subsection shall be restricted to embalmer, and the

3 licensee shall not be eligible to practice as the funeral director

4 in charge as defined in Section 396.2 of this title.

5   D. The Board shall issue the appropriate license to any

6 qualified applicant whose application has been approved by the

7 Board, and who has paid the fees required by Section 396.4 of this

8 title, has passed the required examinations with a seventy-five (75)

9 or higher score and has demonstrated to the Board proficiency as an

10 embalmer or funeral director.

11  E. The Board shall maintain for public inspection a list of all

12 accredited schools of embalming and mortuary science.

13  F. Each funeral director in charge as defined in Section 396.2

14 of this title shall have a current dual funeral director and

15 embalmer license. A funeral director in charge of a funeral service

16 establishment or crematory that does not have a current dual funeral

17 director and embalmer license on the effective date of this act

18 shall be considered to be grandfathered and may serve as funeral

19 director in charge of any funeral service establishment or crematory

20 in accordance with rules prescribed by the Board, but shall not

21 serve as funeral director in charge of a commercial embalming

22 establishment which shall require a current dual funeral director

23 and embalmer license.

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    Req. No. 12153                                                  Page 6
1   G. Upon the effective date of this act April 23, 2021, and for

2 one (1) year thereafter, the Board may issue a temporary funeral

3 director or embalmer license in the event a statewide state of

4 emergency is declared by the Governor and during such time as the

5 state of emergency is in effect.

6   SECTION 2. This act shall become effective November 1, 2025.

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8   60-1-12153      TKR  01/14/25

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    Req. No. 12153                                                Page 7
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