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Oklahoma Legislature· HB 2174Second Reading referred to Rules

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 2174                 By: Pfeiffer

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6                            AS INTRODUCED

7   An Act relating to professions and occupations;

    creating the assistant funeral director license;

8   establishing qualifications and registration for the

    license; establishing rules and regulations;

9   providing for codification; amending 59 O.S. 2021,

    Section 396.4, which relates to fees; establishing

10  the assistant funeral director license fee; and

    providing an effective date.

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

15  SECTION 1.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 396.3b of Title 59, unless there

17 is created a duplication in numbering, reads as follows:

18  Section 396.3b. A. The term "Assistant Funeral Director" as

19 used herein means a person who assists a duly Oklahoma licensed

20 funeral director in one or more of the principal functions of

21 funeral directing and is actively engaged in such work. An

22 assistant funeral director must be an employee of the funeral

23 director-in-charge under whom the employee is registered, and shall

24 be a person to whom the funeral director-in-charge delegates the

    Req. No. 11051                                                Page 1
1 responsibility of conducting funeral services, making funeral

2 arrangements, and making interments.

3  B. The State Board may, in its discretion, license assistant

4 funeral directors to each Oklahoma licensed Funeral Director-in-

5 Charge. The Funeral Director-in-Charge shall have only one

6 assistant funeral director. Licensure as an assistant funeral

7 director shall be separate and distinct from registration as an

8 apprentice funeral director and/or embalmer. The Board may issue an

9 assistant funeral director license on successful completion of the

10 Oklahoma Funeral Board law examination, the manner and form of which

11 is to be determined by the Board, and upon the payment of the

12 application fee, which shall include the license fee for the current

13 year or portion thereof, and such application and registration and

14 renewal fee shall be in the amount fixed by the Board in accordance

15 with the provision of Section 396.4 of Title 59 of the Oklahoma

16 Statutes. Before issuing a license to an applicant for an assistant

17 funeral director's license, the Board shall require satisfactory

18 proof that the applicant is capable and trustworthy to act as such

19 and that the applicant is a person of good moral character, has good

20 standing in the community, and is qualified to engage in the

21 business. In determining the moral character of any such applicant,

22 the Board shall take into consideration any felony conviction of

23 such person, but such conviction shall not automatically operate as

24 a bar to licensure. Each person applying for an assistant funeral

   Req. No. 11051                                                 Page 2
1 director's license shall make application and be recommended in

2 writing on forms provided by the Board. The application shall show

3 that the applicant is at least eighteen (18) years of age and shall

4 have at least sixty (60) semester hours of study earned, measured in

5 quarter or clock hours, from a regionally accredited college or

6 university before such license can be issued to the applicant. Upon

7 issuing a license to an assistant funeral director as herein

8 provided, the Board shall cause the licensee to be registered in

9 under the supervision of the Oklahoma licensed funeral director by

10 whom such licensee is employed and under whom such licensee is

11 registered. The funeral director under whom the assistant funeral

12 director has been registered must immediately notify the Board when

13 the licensee has left the director's employ. Upon the reemployment

14 of the licensee by any other funeral director-in-charge, such

15 licensee shall be reinstated by the Board. The work of an assistant

16 funeral director shall at all times be under the supervision and

17 control of the Oklahoma licensed funeral director under whom the

18 licensee is registered. Licenses of assistant funeral directors may

19 be suspended or revoked, or the Board may refuse to issue or renew

20 the same, for any of the reasons and in the manner stated herein for

21 funeral directors' licenses.

22  C. The expiration date of each license shall be December 31

23 annually. Subject to the provisions of this section, each license

24 shall be renewable on an annual basis upon the filing of a renewal

    Req. No. 11051                                                 Page 3
1 application prior to the expiration date of the license and upon

2 payment of the renewal fee.

3   D. The funeral director assistant shall complete continuing

4 education in accordance with the provision of Section 396.5b of

5 Title 59 of the Oklahoma Statutes.

6   SECTION 2.      AMENDATORY    59 O.S. 2021, Section 396.4, is

7 amended to read as follows:

8   Section 396.4. A. 1. The Oklahoma Funeral Board shall set

9 fees pursuant to rule for all licenses, registrations, examinations

10 and renewals required by the Funeral Services Licensing Act.

11  2. Until the Oklahoma Funeral Board sets fees pursuant to rule,

12 the following shall be the fees charged for the licenses,

13 registrations, and examinations required by the Funeral Services

14 Licensing Act:

15  Funeral Director License or Renewal                          $75.00

16  Embalmer License or Renewal                                  $75.00

17  Registration for Funeral Director/Embalmer Apprentice $150.00

18  Extension of Funeral Director/Embalmer Apprentice            $150.00

19  Funeral Director Assistant                                   $250.00

20  Embalmer Examination                                         $100.00

21  Funeral Director Examination                                 $100.00

22  State Law Examination                                        $100.00

23  Funeral Establishment License or Renewal                     $250.00

24  Commercial Embalming Establishment License or Renewal $250.00

    Req. No. 11051                                               Page 4
1   Reciprocal License for Funeral Director or Embalmer     $150.00

2   Change of Funeral Director in Charge                    $150.00

3   Crematory License or Renewal                            $250.00

4   B. The Oklahoma Funeral Board shall assess Three Dollars

5 ($3.00) for each disposition performed by the licensed funeral

6 establishment or commercial embalming establishment. The

7 disposition fee shall be payable upon renewal of the license as

8 provided in subsection E of this section and shall be calculated

9 from November 1 of the preceding calendar year to October 31 of the

10 current calendar year for each licensee. For purposes of this

11 subsection, "disposition" means each time the licensed establishment

12 files an original death certificate pursuant to Section 1-317 of

13 Title 63 of the Oklahoma Statutes.

14  C. Fees for funeral director, embalmer, and state law

15 examinations shall be paid prior to the scheduled examination. An

16 examination fee shall not be refundable.

17  D. The Oklahoma Funeral Board is authorized to determine and

18 fix special administrative service fees. Each such fee shall not be

19 in excess of Two Hundred Dollars ($200.00).

20  E. If any renewal fee required by this section is not paid on

21 or before December 31 of each year, the amount of the fee shall be

22 doubled and if the fee is not paid on or before April 30 of the

23 subsequent year, the licensee shall be in default and the license

24 shall terminate automatically.

    Req. No. 11051                                                  Page 5
1   F. All examinations of the Oklahoma Funeral Board shall be

2 exempt from the Oklahoma Open Records Act in order to maintain the

3 integrity of the examination process. Copies of completed

4 examinations shall only be released upon receipt of a court order

5 from a court of competent jurisdiction.

6   SECTION 3. This act shall become effective November 1, 2025.

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8   60-1-11051      TKR  01/03/25

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    Req. No. 11051                                              Page 6
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