Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 559 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to funeral services licensing;
7 amending 59 O.S. 2021, Section 396.2, which relates
8 to definitions; modifying definition; permitting
8 sales of merchandise without license; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.2, is
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14 amended to read as follows:
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15 Section 396.2. As used in the Funeral Services Licensing Act:
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16 1. "Embalmer" means a person who disinfects or preserves dead
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17 human remains, entire or in part, by the use of chemical substances,
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18 fluids or gases in the remains, or by the introduction of the same
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19 into the remains by vascular or hypodermic injection, or by direct
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20 application into organs or cavities;
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21 2. "Funeral director" means a person who:
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22 a. is engaged in or conducts or represents themselves as
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23 being engaged in preparing for the burial or disposal
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1 and directing and supervising the burial or disposal
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2 of dead human remains,
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3 b. is engaged in or conducts or represents themselves as
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4 being engaged in maintaining a funeral establishment
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5 for the preparation and the disposition, or for the
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6 care of dead human remains,
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7 c. uses, in connection with the name of the person or
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8 funeral establishment, the words "funeral director" or
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9 "undertaker" or "mortician" or any other title
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10 implying that the person is engaged as a funeral
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11 director,
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12 d. sells funeral service merchandise to the public, or
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13 e. is responsible for the legal and ethical operation of
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14 a crematory;
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15 3. "Funeral establishment" means a place of business used in
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16 the care and preparation for burial, commercial embalming, or
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17 transportation of dead human remains, or any place where any person
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18 or persons shall hold forth and be engaged in the profession of
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19 undertaking or funeral directing;
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20 4. "Apprentice" means a person who is engaged in learning the
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21 practice of embalming or the practice of funeral directing, as the
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22 case may be, under the instruction and personal supervision of a
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23 duly licensed embalmer or a duly licensed funeral director of and in
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24 the State of Oklahoma this state, pursuant to the provisions of the
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Req. No. 247 Page 2
1 Funeral Services Licensing Act, and who is duly registered as such
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2 with said the Oklahoma Funeral Board;
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3 5. "Board" means the Oklahoma Funeral Board;
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4 6. "Directing a funeral" or "funeral directing" means directing
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5 funeral services from the time of the first call until final
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6 disposition or release to a common carrier or release to next of kin
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7 of the deceased or the designee of the next of kin;
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8 7. "First call" means the beginning of the relationship and
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9 duty of the funeral director to take charge of dead human remains
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10 and have such remains prepared by embalming, cremation, or
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11 otherwise, for burial or disposition, provided all laws pertaining
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12 to public health in this state are complied with. First call does
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13 not include calls made by ambulance, when the person dispatching the
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14 ambulance does not know whether or not dead human remains are to be
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15 picked up;
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16 8. "Personal supervision" means the physical presence of a
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17 licensed funeral director or embalmer at the specified time and
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18 place of the providing of acts of funeral service;
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19 9. "Commercial embalming establishment" means a fixed place of
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20 business consisting of an equipped preparation room, and other rooms
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21 as necessary, for the specified purpose of performing preparation
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22 and shipping services of dead human remains to funeral
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23 establishments inside and outside this state;
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1 10. "Funeral service merchandise or funeral services" means
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2 those products and services normally provided by funeral
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3 establishments and required to be listed on the General Price List
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4 of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
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5 including, but not limited to, the sale of burial supplies and
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6 equipment, but excluding the sale by a cemetery of lands or
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7 interests therein, services incidental thereto, markers, memorials,
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8 monuments, equipment, crypts, niches or outer enclosures. Any
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9 person, organization, or business that sells funeral service
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10 merchandise to the public without providing any other funeral
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11 services shall not be subject to the Funeral Services Licensing Act;
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12 11. "Outer enclosure" means a grave liner, grave box, or grave
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13 vault;
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14 12. "Funeral director in charge" means an individual licensed
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15 as both a funeral director and embalmer designated by a funeral
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16 service establishment, commercial embalming establishment, or
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17 crematory who is responsible for the legal and ethical operation of
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18 the establishment and is accountable to the Board;
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19 13. "Authorizing agent" means a person legally entitled to
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20 order the cremation or final disposition of particular human remains
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21 pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
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22 Statutes;
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23 14. "Cremation" means the technical process, using heat and
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24 flame, or heat and pressure, that reduces human remains to essential
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1 elements, including bone fragments. The reduction takes place
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2 through heat and evaporation. Cremation shall include, but not be
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3 limited to, the processing and pulverization of the bone fragments,
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4 or through alkaline hydrolysis;
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5 15. "Crematory" means a structure containing a furnace or
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6 alkaline hydrolysis vessel used or intended to be used for the
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7 cremation of human remains. The term includes a facility that
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8 cremates human remains through alkaline hydrolysis; and
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9 16. "Alkaline hydrolysis" means the reduction of human remains
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10 to bone fragments and essential elements in a licensed crematory
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11 using heat, pressure, water and base chemical agents.
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12 SECTION 2. This act shall become effective November 1, 2025.
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14 60-1-247 CAD 1/19/2025 5:38:44 AM
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Req. No. 247 Page 5Every fact on this page links to its source, starting with the official bill record.