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TITLE 235. Oklahoma State Board of Embalmers and Funeral
Directors
SUBCHAPTER 3. QUALIFICATIONS AND REQUIREMENTS FOR LICENSURE
235:10-3-1. Qualifications for licensing individuals
To be licensed in Oklahoma as a funeral director, embalmer, or both, an
individual must meet the following minimum requirements:
(1) The individual must be twenty (20) years of age.
(2) The individual must be of good moral character.
(3) The individual must not have any felony convictions.
(4) The individual must not have had any misdemeanor convictions related
to funeral service.
(5) The individual must be a legal resident of Oklahoma, and a citizen of
the United States.
(6) The individual shall have completed the following educational
requirements:
(A) The individual is a graduate of an accredited program of mortuary
science.
(B) The mortuary science program must be accredited by the American Board of
Funeral Service Education.
(C) The individual shall have completed a total of sixty (60) college
semester hours of credit at an accredited institution of higher education.
(i) Such institution must be accredited by a regional accrediting agency and
recognized by the U.S. Department of Education as a valid and legal accrediting
agency.
(ii) When the institution so accredited extends credit in quarter
hours, each quarter hour shall equal 2/3rds of one semester hour.
(iii) Courses applied to completing the accredited mortuary science
program in excess of the minimum requirements for an accredited program by
the American Board of Funeral Service Education may be applied to the (60)
total semester hours of college, provided such credits are earned at a
regionally accredited institution.
(7) The individual shall have successfully passed a written State Board
examination with a grade of seventy five percent (75%) or better.
(A) The Board will accept the results of such examination administered
by the Conference of Funeral Service Examining Boards.
(B) The State Board examination shall cover the curriculum requirements
prescribed by the American Board of Funeral Service Education, Oklahoma
Statutes, pertaining to the care and handling of dead human bodies, Board
Rules, Health Departments Rules and Regulations pertaining to funeral
service, Medicolegal Examiners Rules and Regulations, and professional
funeral service practice in the State of Oklahoma, and shall consist of
three parts:
(i) Funeral Service Science.
(ii) Funeral Service Arts.
(iii) Oklahoma Law.
(C) The written examination shall not be administered until the
applicant has completed all educational requirements and proof of such
completion is on file in the Board office. Rejection of an application to
take the written examination for failure to complete educational
requirements, or failure to file proper proof of completion of educational
requirements is not appealable to the Board.
(8) The applicant must have paid any and all fees due and payable prior
to licensing.
(9) The individual must have served and completed an embalmer and/or
funeral director apprenticeship(s) in the State of Oklahoma.
(10) Once all requirements set forth above have been met, the individual
may apply for a license as a funeral director, embalmer, or both.
235:10-3-2. Requirements for licensing funeral service establishments
To be licensed by the Board a funeral service establishment or a limited
service establishment must meet the following minimum requirements:
(1) Ownership. The establishment shall be operated by a sole
owner, a partnership, or by a corporation chartered in the State of
Oklahoma.
(2) Fixed place. The establishment shall have a fixed place of
business with a specific street address or physical location and shall
conform to local zoning ordinances as evidenced by a occupancy permit issued
by the proper local governmental entity authorizing the occupancy of a
funeral service establishment at that location. If the establishment will
contain a embalming room which does not discharge into a municipal sanitary
sewer it must also secure permission from the appropriate county and/or
state agency for any such discharge from the embalming room prior to being
eligible to receive a funeral establishment or commercial embalming
establishment license from this Board.
(3) Inspected. The establishment shall be inspected by a
representative of the Board prior to being initially licensed and
periodically as determined by the Board.
(4) Statute and Rules. Each establishment shall have available a
current copy of the Oklahoma Statutes and Rules related to the practice of
funeral directing and embalming available for public inspection.
(5) Embalming room.
(A) Each funeral service establishment utilizing a
preparation/embalming room at a location other than the location listed on
the establishment license application shall be strictly prohibited from
embalming dead human remains at the location listed on the establishment
license application.
(B) Each funeral service establishment utilizing a
preparation/embalming room at a location other than the location listed on
the establishment license application shall notify the Board of the
specific location of such preparation/embalming room and such preparation
room must meet the minimum requirements as herein established. Such
preparation/embalming room shall be inspected by the Board prior to being
utilized by the applicant establishment and shall be at all times subject
to inspection by the Board.
(C) The establishment may have a preparation or embalming room. Such
preparation room shall meet the following minimum requirements:
(i) Construction. The walls, floor, and ceiling must be
constructed, and of such materials and finished in a way that they may
be cleaned and disinfected. The room must be of sufficient size and
dimension to accommodate an embalming table, a sink that drains freely
with hot and cold running water connections, and an instrument table,
cabinet, and shelves. The embalming table must have a rust proof
metal, porcelain, or fiberglass top, with edges raised at least 3/4
inches around the entire table and drain opening at the lower end.
(ii) Ventilation. The preparation room must be properly
ventilated with an exhaust fan that provides at least five room air
exchanges per hour. All fumes must be ventilated to the outside
atmosphere. The construction must be such that odors from the
preparation room cannot enter the rest of the establishment.
(D) No public use. The room shall not have a passageway
available for public use.
(E) Equipment. The room shall contain an embalming machine and
aspirator and sufficient supplies and equipment for normal operation. The
room shall have no excess equipment stored, other than equipment necessary
for embalming dead human remains, and performing necessary restorative art
work. There shall be storage shelves or cabinets for all supplies,
instruments, and equipment.
(F) Openings covered. All outside openings shall be covered with
screens.
(G) Interior view. Measures must be taken to prevent a view of
the interior of the room through any open door or window.
(6) Selection room. The establishment shall have a selection room.
Such room shall be devoted solely to the purpose of providing a separate
selection room, which permits the public to make a reasonable selection of
funeral service merchandise. Such room shall be of adequate size and
furnishings and contain a minimum of five (5) adult caskets. Such selection
room shall meet the following minimum requirements:
(A) Caskets Marked. All caskets shall be individually displayed,
and price marked or pricing sheet in full view at all times.
(B) Caskets. The selection room may contain more than five (5)
units, and other funeral service merchandise at the option of the licensee
in charge.
(C) Equipment. The selection room shall have no excess equipment
stored, other than equipment necessary for the proper display of funeral
service merchandise.
(D) Condition. The room shall be maintained in a clean, neat,
and orderly fashion at all times.
(E) Grandfather. On the effective date of section 235:10-3-2,
any establishment which has been issued an establishment license under a
rule of the Board having different requirements, then such Establishment
is permitted to continue to be licensed under the rules pursuant to which
the establishment was initially licensed. The Establishment license of
such grandfathered establishment is not transferable. At such time as any
form of modification or change of such grandfathered funeral establishment
is made then such establishment must meet all of the requirements of this
subchapter.
(7) Other rooms. The establishment shall have adequate areas for
public viewing of dead human remains and necessary offices for conducting the
business affairs of the establishment. The establishment may have other rooms,
offices, and other facilities, including restrooms for the staff and public
lounge areas. All other rooms and facilities shall be maintained in a clean,
neat, and orderly fashion at all times.
(8) Vehicles. The establishment shall have the necessary automotive
vehicles to provide adequate service to the public. This shall not prohibit
the establishment from arranging to lease, borrow, or otherwise arrange for
extra vehicles when needed.
(9) Licensed funeral director.
(A) Each funeral service establishment shall have at least one full-time
licensed funeral director employed to be designated as the Funeral
Director-in-Charge of the operation of the establishment.
(B) If an individual owner, partners, or corporation officers are not
licensed funeral directors, then the owner, partners, or the corporation
must employ a full-time licensed funeral director to serve as Funeral
Director in Charge of the establishment.
(C) No licensed funeral director may serve as the Funeral Director in
Charge of more than one (1) funeral service establishment without the
express written authorization of the Board. With the written order of the
Board a licensed funeral director, upon good cause shown that such is in the
public interest, may serve as a Funeral Director in Charge of more than one
(1) funeral service establishment but in no event may any such licensed
funeral director be the Funeral Director in Charge of more than three (3)
such funeral service establishments provided all of the
establishments are under the same general management, and no establishment
included in the application (after the effective date of this subsection) is
more than a 60 miles radius from the most centrally located establishment
contained in the application.
(10) Licensed embalmer. Each establishment must either employ a
licensed embalmer full-time or have an available embalmer available to
embalm dead human remains within six (6) hours after the establishment has
assumed custody of the body.
(11) Transferability.
(A) No establishment license is transferable from one person to another,
or from one location to another. In case of the sale, lease, or relocation
to a new location, or a change of name of the establishment, the
establishment license may remain in force by mutual consent of the buyer and
seller for a period of (30) thirty days or until the next regularly
scheduled Board meeting, and at such time the license shall expire. The
Funeral Director in Charge must notify the Board office of change of
ownership, change of address, or change of name. The purchaser, lessee, or
owner must notify the Board office to request an inspection, and issuance of
a new license. Upon purchase, lease or change of address, a new
establishment license application must be submitted with fee.
(B) Upon a change of Funeral Director in Charge of any funeral service
establishment, then the Board office shall be promptly notified thereof in
writing. Such written notice shall be accompanied by a new application for
an establishment license listing the new Funeral Director in Charge, all
without any additional fee.
(C) The failure to submit a new establishment application to the Board
within 30 days of the purchase, lease, or relocation or change of name or
change of Funeral Director in Charge, shall result in a penalty of $50.00,
which shall be paid prior to the issuance of an establishment license.
(12) Requirement to practice.
(A) The issuance of a funeral service establishment license to an
individual not licensed as a funeral director does not entitle the
individual to practice funeral directing.
(B) In the event the Funeral Director in Charge becomes no longer in
charge of said funeral establishment then such Funeral Director in Charge
has the continuing responsibility of notifying the Board of such change.
Upon such notice a new establishment license application must be submitted
to the Board for approval.
(13) License expiration. All establishment licenses issued expire
on the thirty-first of December in the year issued.
(A) An establishment license may be renewed until the thirtieth of
April in the year following expiration.
(B) A penalty of One Hundred Fifty Dollars ($150.00) shall be assessed
to all establishment renewals submitted after the thirty-first of January
in the year following expiration.
(14) Inspection. Every funeral service establishment and
commercial embalming establishment shall be at all times subject to
inspection by the Board. Inspections are to be reasonable in regard to time
and manner.
235:10-3-3. Licensing commercial embalming establishments
Commercial embalming establishments shall meet all requirements for a full
service establishment, except that:
(1) Minimum requirements. A commercial embalming establishment
shall have a preparation room or embalming room meeting the minimum
requirements as set forth in this section.
(2) Prohibition. A commercial embalming establishment is
prohibited from maintaining a selection room intended in any way for sales
to the public, and are prohibited from utilizing any selection room for such
sales.
(3) Disposal container. Disposal containers maintained in stock
must be limited to minimum cost units necessary for transportation by common
carrier.
(4) Services limited to licensed funeral establishments. A
commercial embalming establishment may provide its merchandise and/or
services only to licensed funeral establishments anywhere in the United
States, or in any foreign country which licenses funeral service
establishments.
(5) Services in foreign countries. In case a foreign country does
not license funeral service establishments, then the commercial embalming
establishment may provide its goods and services only to the governmental
divisions or sub-division responsible for the disposal of dead human
remains.
(6) Providing service to the public. In no instance may a
commercial embalming establishment provide goods or services directly to the
public.
235:10-3-4. Registration of individual sellers of preneed funeral service
merchandise [Revoked]
235:10-3-5 Apprentice qualifications and registration
(a) Qualifications. In order to register with the Board as
an apprentice, each individual must meet all of the following conditions:
(1) Age. The applicant must be seventeen (17) years of age.
(2) Education. The applicant must be a high school graduate, or
possess a Graduate Equivalent Diploma (G.E.D.).
(3) Sound moral character. The applicant must be of sound moral
character.
(A) No felony conviction. The applicant must not have a felony
conviction of any kind.
(B) No misdemeanor convictions. The applicant must not have a
misdemeanor conviction related to funeral service.
(C) Cancellation. Failure to reveal such conviction [(A) and (B) of
this paragraph] at the time of application will result in automatic
cancellation of registration of the apprenticeship or Practicum without
recourse to an appeal to the Board.
(b) Registration. Each registration must be accomplished by
completing an application form supplied by the Board office, accompanied by:
(1) Documented proof. A diploma, transcript, G.E.D. Certificate, or
other documented proof, acceptable to the Board, proving completion of high
school requirements.
(2) Affidavit. An employment affidavit form provided for the Board
completed by the apprentice and the establishment at which he will be
employed.
(3) Fee. The required registration fee at the beginning of each year
of apprenticeship.
(c) Apprenticeship. After qualifying and being registered by the
Board, the serving of the apprenticeship for purposes of being licensed shall
require the following:
(1) Employment. Employment at an Oklahoma licensed funeral
establishment for a period of 12 months.
(A) No part-time supervision. No apprentice may be supervised or
trained by a part-time licensed funeral director or embalmer.
(B) Place of service. The apprenticeship for licensing as a funeral
director and embalmer may be served at the same time at a funeral service
establishment.
(2) Reports. Apprentice must properly file quarterly reports
documenting their employment and completion of embalming and funeral
directing experiences.
(A) Due date. Quarterly reports are due April 1, (covering
January, February, and March) July 1, (covering April, May, and June)
October 1, (covering July, August, and September) and January 1, (covering
the period of October, November, and December). Each report is due the 1st
and must be filed no later than the 10th day of the month it is due.
(B) Postmark. The postmark shall determine the date of filing
for the monthly reports and case reports.
(C) Late reports. Reports received late shall not count toward
the total number required for licensing.
(3) Cancellation. An apprenticeship shall automatically be
cancelled by the failure to file two quarterly reports consecutively, unless
an exception has been granted in writing by the Board office.
(4) Renewal. Subject to other provisions of this Subsection, an
apprentice registration is valid only for 12 months. Apprenticeship
registration may be renewed once if such application is accompanied with
adequate support documentation, satisfactory to the Executive
Secretary-Treasurer of the Board, that such applicant is a graduate from or
then an active student enrolled in an accredited school of mortuary science,
and payment of the required fee. Any additional renewal or other application
for an apprentice registration must be by application to the Board for
approval.
(5) Supervision. No apprentice shall perform embalming or funeral
directing unless he is doing so under the direction and supervision of a
licensed embalmer or funeral director.
(6) Assistance. An apprentice shall, under supervision, assist in
the embalming of at least twenty-five (25) human remains and/or under
supervision assist in the direction of at least twenty-five (25) funerals.
(A) First six months. During the apprentice embalmer's first six
(6) months of apprenticeship a licensed embalmer shall be physically
present during the entire embalming procedure. Thereafter, the licensed
embalmer shall be physically present at the beginning of the operation and
available for consultation during the procedure within a period of not
more than one hour after request by the embalmer apprentice.
(B) Presence of licensed funeral director. During the apprentice
funeral director's first six (6) months of apprenticeship, a licensed
funeral director shall be physically present during the entire arrangement
conference. Thereafter, the licensed funeral director shall be physically
present at the beginning of the arrangement conference and available for
consultation during the arrangement conference upon request by the funeral
director apprentice.
(d) Practicum student requirements.
Practicum students must be participating in a scheduled, supervised and
accredited program for practicum students established by the accredited school
of higher education or the school of mortuary science. Practicum students must
have a letter of agreement with the participating funeral service
establishment where the practicum is to be conducted. No registration of
practicum students is required by this Board.
235:10-3-6 Reciprocal license
(a) Qualifications. Any individual licensed in another state may be
granted a reciprocal license if he/she meets the following qualifications:
(1) Citizenship. The individual must be a citizen of the United
States.
(2) Reason. The individual must have a valid reason to practice
embalming, funeral direction, or both, within the State of Oklahoma.
(3) Age. The individual must be twenty (20) years of age.
(4) Sound moral character. The individual must be of good moral
character and facing no disciplinary action against his license in the state
from which he request reciprocity.
(5) Out-of-state fees. The out-of-state license must be paid up and
currently in force.
(6) All requirements. The individual must have met all the
requirements for licensing that a resident of Oklahoma must meet as set forth
in 235:10-3-1 through 235:10-3-4.
(7) Examination. Each individual must successfully pass the Oklahoma
State Law examination.
(8) Documentation met. Application forms, supporting documents and
required fees must be in the Board office prior to the issuance of any
reciprocal license.
(b) Out of state more than ten years. If the applicant has been
licensed out-of-state for more than ten (10) years:
(1) Citizenship. The applicant must be a citizen of the United
States.
(2) Reason. The applicant must have a valid reason to practice
embalming, funeral directing, or both in the State of Oklahoma.
(3) Sound moral character. The applicant must be of good moral
character, and facing no disciplinary action in the state from which
reciprocating.
(4) Education. Educational and pre-licensing training of the state
in which licensed shall be accepted in Oklahoma only if the applicant has been
licensed and actively practicing for a period of ten (10) years.
(5) Documentation met. Application forms, supporting documents, and
required fees must be submitted to the Board office prior to the issuance of
any reciprocal license.
(6) Education evidence. No reciprocal license shall be issued to an
individual who has not completed an accredited mortuary science school
curriculum, and furnished the Board office documented proof of the completion.
(7) Examination. Each individual must successfully pass the Oklahoma
State Law examination.
235:10-3-1. Qualifications for licensing individuals
To be licensed in Oklahoma as a funeral director,
embalmer, or both, an individual must meet the following minimum requirements:
(1) The individual must be twenty (20) years of age.
(2) The individual must be of good moral character.
(3) The individual must not have any felony
convictions.
(4) The individual must not have had any misdemeanor
convictions related to funeral service.
(5) The individual must be a legal resident of
Oklahoma, and a citizen of the United States, or a permanent resident of the
United States.
(6) The individual shall have completed the following
educational requirements:
(A) The individual is a graduate of a program of
mortuary science accredited by the American Board of Funeral Service
Education.
(B) The individual shall have completed a total of
sixty (60) college semester hours of credit at accredited institution of
higher education.
(i) Such institution must be accredited by a
regional accrediting agency and recognized by the U.S. Department of
Education as a valid and legal accrediting agency.
(ii) When the institution so accredited extends
credit in quarter hours, each quarter hour shall equal 2/3rds of one
semester hour.
(iii) Courses applied to completing the
accredited mortuary science program in excess of the minimum requirements
for an accredited program by the American Board of Funeral Service
Education may be applied to the (60) total semester hours of college,
provided such credits are earned at a regionally accredited institution.
(7) The individual shall have successfully passed the
National Board Examination of the International Conference of Funeral Service
Examining Boards with a average grade of seventy five percent (75%) or better
on the Arts section for applicants for a funeral director license, applicants
for a embalmers license shall have earned an average of seventy five percent
(75%) or better on the Science section, and applicants seeking both a funeral
director and embalmers license shall have earned an overall average of
seventy-five percent (75%) or better on the Science section of the National
Board examination or a written State Board examination with a grade of seventy
five percent (75%) or better.
(8) The individual shall have successfully passed a
written Oklahoma Law examination with a grade of seventy five percent (75%) or
better. The Oklahoma Law examination shall cover the Oklahoma Funeral Services
Licensing Act and Rules of the State Board of Embalmers and Funeral Directors.
The Oklahoma law written examination shall not be administered until the
applicant has completed all educational requirements and other examination
requirements with proof of such completion is on file in the Board office.
Rejection of an application to take the written examination for failure to
complete educational requirements or failure to file proper proof of
completion of educational requirements is not appealable to the Board.
(9) The applicant must have paid any and all fees due
and payable prior to licensing.
(10) The individual must have served and completed an
embalmer and/or funeral director apprenticeship (s) in the State of Oklahoma.
(11) Once all requirements set forth above have been
met, the individual may apply for a license as a funeral director, embalmer,
or both.
235:10-3-2. Requirements for licensing funeral service
establishments
To be licensed by the Board a funeral service
establishment or a commercial embalming establishment must meet the following
minimum requirements:
(1) Ownership. The establishment shall be
operated by a sole owner, a partnership, or by a corporation chartered in the
State of Oklahoma.
(2) Fixed place. The establishment shall have
a fixed place of business with a specific street address or physical location
and shall conform to local zoning ordinances as evidenced by a occupancy
permit issued by the proper local governmental entity authorizing the
occupancy of a funeral service establishment at that location. Only one
establishment license shall be issued to a specific address. If the
establishment will contain a preparation room which does not discharge into a
municipal sanitary sewer it must also secure permission from the appropriate
county and/or state agency for any such discharge from the embalming room
prior to being eligible to receive a funeral establishment or commercial
embalming establishment license from this Board.
(3) Inspected. The establishment shall be
inspected by a representative of the Board prior to being initially licensed
and periodically as determined by the Board.
(4) Statute and Rules. Each establishment
shall have available a current copy of the Oklahoma Statutes and Rules related
to the practice of funeral directing and embalming available for public
inspection.
(5) Preparation room.
(A) The establishment shall have a preparation
room. Such preparation room shall meet the following minimum requirements:
(i) Construction. The walls, floor, and
ceiling must be constructed, and of such materials and finished in a way
that they may be cleaned and disinfected. The room must be of sufficient
size and dimension to accommodate an embalming table, a sink that drains
freely with hot and cold running water connections, and an instrument table,
cabinet, and shelves. The embalming table must have a rust proof metal,
porcelain, or fiberglass top, with edges raised at least 3/4 inches around
the entire table and drain opening at the lower end.
(ii) Ventilation. The preparation room shall
be heated and air-conditioned. The preparation room must be properly
ventilated with an exhaust fan that provides at least five room air
exchanges per hour. All fumes must be ventilated to the outside atmosphere.
The construction must be such that odors from the preparation room cannot
enter the rest of the establishment.
(iii) No public use. The room shall not have
a passageway available for public use.
(iv) Equipment. The room shall contain
sufficient supplies and equipment for normal operation. Nothing in this
subsection shall require embalming chemicals to be stored in the preparation
room. The room shall have no excess equipment stored, other than equipment
necessary for preparing dead human remains, and performing necessary
restorative art work. There shall be storage shelves or cabinets for all
supplies, instruments, and equipment.
(v) Openings covered. All outside openings
shall be covered with screens.
(vi) Interior view. Measures must be taken
to prevent a view of the interior of the room through any open door or
window.
(B) Exceptions. A funeral establishment
operated in conjunction with another licensed funeral
establishment, with common ownership, shall be exempt from maintaining a
preparation room provided it is located within 60 miles of the main
establishment and can be practically served by the main establishment.
(6) Selection room. The establishment shall
have a selection room. Such room shall be devoted solely to the purpose of
providing the public a reasonable selection of funeral service merchandise.
Such room shall be of adequate size and furnishings. Such selection room shall
meet the following minimum requirements:
(A) Casket and outer burial container price
lists. The funeral provider must offer a printed or typewritten price
list to people who inquire in person about the offering or prices of funeral
merchandise including caskets, alternative containers and outer burial
containers. The price list must be offered upon the beginning of discussion
of, but in any event before showing the funeral merchandise. In lieu of a
written list, other formats, such as notebooks, brochures, or charts may be
used if they contain the same information as would the printed or
typewritten list, and display it in a clear and conspicuous manner.
(B) Caskets. Each funeral establishment
shall maintain an inventory of not less than five adult caskets at the
location.
(C) Equipment. The selection room shall have
no excess equipment stored, other than equipment necessary for the proper
display of funeral service merchandise.
(D) Condition. The room shall be maintained
in a clean, neat, and orderly fashion at all times.
(7) Other rooms. The establishment shall have
adequate areas for public viewing of dead human remains and necessary offices
for conducting the business affairs of the establishment. The establishment
may have other rooms, offices, and other facilities, including restrooms for
the staff and public lounge areas. All other rooms and facilities shall be
maintained in a clean, neat, and orderly fashion at all times.
(8) Vehicles. The establishment shall have the
necessary automotive vehicles to provide adequate service to the public. This
shall not prohibit the establishment from arranging to lease, borrow, or
otherwise arrange for extra vehicles when needed.
(9) Licensed funeral
director.
(A) Each funeral service establishment shall have at
least one full-time licensed funeral director employed to be designated as the
Funeral Director-in-Charge of the operation of the establishment and a
sufficient number of other licensed individuals to adequately serve the
public.
(B) If an individual owner, partners, or
corporation officers are not licensed funeral directors,
then the owner, partners, or the corporation must
employ a full-time licensed funeral director to serve as Funeral Director in
Charge of the establishment.(C) No licensed funeral director may serve as
the Funeral Director in Charge of more than one (1) funeral service
establishment without the express written authorization of the Board. With
the written order of the Board a licensed funeral director, upon good cause
shown that such is in the public interest, may serve as a Funeral Director
in Charge of more than one (1) funeral service establishment but in no event
may any such licensed funeral director be the Funeral Director in Charge of
more than three (3) such funeral service establishments. Provided all of the
establishments are under the same ownership, and no establishment included
in the application is more than a 60 miles radius from the most centrally
located establishment contained in the application.
(10) Licensed embalmer. Each establishment
must either employ a licensed embalmer full- time or have an available
embalmer available to embalm dead human remains within six (6) hours after the
establishment has assumed custody of the body.
(11) Transferability.
(A) No establishment license is transferable from one
person to another, or from one location to another. In case of the sale,
lease, or relocation to a new location, or a change of name of the
establishment, the establishment license may remain in force by mutual consent
of the buyer and seller for a period of (30) thirty days or until the next
regularly scheduled Board meeting, and at such time the license shall expire.
The Funeral Director in Charge must notify the Board office of change of
ownership, change of address, or change of name. The purchaser, lessee, or
owner must notify the Board office to request an inspection, and issuance of a
new license. Upon purchase, lease or change of address, change of name, a new
establishment license application must be submitted.
(B) Upon a change of Funeral Director in Charge of
any funeral service establishment, then the Board office shall be promptly
notified thereof in writing. Such written notice shall be accompanied by a new
application for an establishment license listing the new Funeral Director in
Charge, all without any additional fee.
(C) The failure to submit a new establishment
application to the Board within ten (10) days of the purchase, lease, or
relocation or change of name or change of Funeral Director in Charge, may
result in a penalty.
(12) Requirement to
practice.
(A) The issuance of a funeral service establishment
license to an individual not licensed as a funeral director does not entitle
the individual to practice funeral directing.
(B) In the event the Funeral Director in Charge
becomes no longer in charge of said funeral establishment then such Funeral
Director in Charge has the responsibility of notifying the Board of such
change within ten (10) business days. Upon such notice a new establishment
license application must be submitted to the Board for approval.
(13) License expiration. All establishment
licenses issued expire on the thirty-first of December in the year issued.
(A) An establishment license may be renewed until
the thirtieth of April in the year following expiration.
(B) A penalty of One Hundred Fifty Dollars
($150.00) shall be assessed to all establishment renewals submitted after
the thirty-first of January in the year following expiration.
(14) Inspection. Every funeral service
establishment and commercial embalming establishment shall be at all times
subject to inspection by the Board. Inspections are to be reasonable in regard
to time and manner.
(15) Grandfather. Any establishment which has
been issued an establishment license under a rule of the Board having
different requirements, then such Establishment is permitted to continue to be
licensed under the rules pursuant to which the establishment was initially
licensed. The Establishment license of such grandfathered establishment is not
transferable. At such time as a change of ownership, purchase, lease, or
change of address of such grandfathered funeral establishment is made then
such establishment must meet the current requirements of this subchapter.
235:10-3. Licensing commercial embalming establishments
Commercial embalming establishments shall meet all
requirements for a full service establishment, except that:
(1) Minimum requirements. A commercial
embalming establishment shall have a preparation room or embalming room
meeting the minimum requirements as set forth in this section.
(2) Prohibition. A commercial embalming
establishment is prohibited from maintaining a selection room intended in any
way for sales to the public, and are prohibited from utilizing any selection
room for such sales.
(3) Disposal container. Disposal containers
maintained in stock must be limited to minimum cost units necessary for
transportation by common carrier.
(4) Services limited to licensed funeral
establishments. A commercial embalming establishment may provide its
merchandise and/or services only to licensed funeral establishments anywhere
in the United States, or in any foreign country which licenses funeral service
establishments.
(5) Services in foreign countries. In case a
foreign country does not license funeral service establishments, then the
commercial embalming establishment may provide its goods and services only to
the governmental divisions or sub-division responsible for the disposal of
dead human remains.
(6) Providing service to the public. In no
instance may a commercial embalming establishment provide goods or services
directly to the public.
235:10-3-4. Registration of individual sellers of
preneed funeral service merchandise [Revoked]
235:10-3-5. Apprentice qualifications and registration
(a) Qualifications. In
order to register with the Board as an apprentice, each individual must meet all
of the following conditions:
(1) Age. The applicant must be seventeen (17)
years of age.
(2) Education. The applicant must be a high
school graduate, or possess a Graduate Equivalent Diploma (G.E.D.).
(3) Sound moral character. The applicant must
be of sound moral character.
(A) No felony conviction. The applicant must
not have a felony conviction of any kind.
(B) No misdemeanor convictions. The
applicant must not have a misdemeanor conviction related to funeral service.
(C) Cancellation. Failure to reveal such
conviction at the time of application will result in termination of
registration of the apprenticeship by operation of law.
(b) Registration.
Each registration must be accomplished by completing an application form
supplied by the Board office, accompanied by:
(1) Documented proof. A diploma, transcript,
G.E.D. Certificate, or other documented proof, acceptable to the Board,
proving completion of high school requirements.
(2) Affidavit. An employment affidavit form
provided for the Board completed by the apprentice and the establishment at
which he will be employed.
(3) Fee. The required registration fee at the
beginning of each year of apprenticeship.
(c) Apprenticeship.
After qualifying and being registered by the Board, the serving of the
apprenticeship for purposes of being licensed shall require the following:
(1) Employment. Employment at an Oklahoma
licensed funeral establishment for a period of 12 months.
(A) No part-time supervision. No apprentice
may be supervised or trained by a part-time licensed funeral director or
embalmer.
(B) Place of service. The apprenticeship for
licensing as a funeral director and embalmer may be served at the same time
at a funeral service establishment nothing shall prohibit an apprenticeship
in embalming from being served at a commercial embalming establishment.
(2) Reports. Apprentice must properly file
twelve monthly reports documenting their employment and completion of
embalming and funeral directing experiences.
(i) Due date. Each report is due the 1st and
must be filed no later than the 10th day of the month it is due.
(ii) Postmark. The postmark shall determine
the date of filing for the monthly reports and case reports.
(iii) Late reports. Reports received late
shall not count toward the total number required for licensing.
(3) Cancellation. An apprenticeship shall
automatically be cancelled by the failure to file two monthly reports
consecutively, unless an exception has been granted in writing by the Board
office.
(4) Renewal. Subject to other provisions of
this Subsection, an apprentice registration is valid only for 12 months.
Apprenticeship registration may be renewed once if such application is
accompanied with adequate support documentation, satisfactory to the Executive
Secretary- Treasurer of the Board, that such applicant is a graduate from or
then an active student enrolled in an accredited school of mortuary science,
and payment of the required fee. Any additional renewal or other application
for an apprentice registration must be by application to the Board for
approval.
(5) Supervision. No apprentice shall perform
embalming or funeral directing unless he is doing so under the direction and
supervision of a licensed embalmer or funeral director.
(6) Assistance. An apprentice shall, under
supervision, assist in the embalming of at least twenty-five (25) human
remains and/or under supervision assist in the direction of at least
twenty-five (25) funerals.
(A) First six months. During the apprentice
embalmer's first six (6) months of apprenticeship a licensed embalmer shall
be physically present during the entire embalming procedure. Thereafter, the
licensed embalmer shall be physically present at the beginning of the
operation and available for consultation during the procedure within a
period of not more than one hour after request by the embalmer apprentice.
(B) Presence of licensed funeral director. During
the apprentice funeral director's first six (6) months of apprenticeship, a
licensed funeral director shall be physically present during the entire
arrangement conference. Thereafter, the licensed funeral director shall be
physically present at the beginning of the arrangement conference and
available for consultation during the arrangement conference upon request by
the funeral director apprentice.
(C) Practicum student requirements. Practicum
students must be participating in a scheduled, supervised and accredited
program for practicum students established by the accredited school of
higher education or the school of mortuary science. Practicum students must
have a letter of agreement with the participating funeral service
establishment where the practicum is to be conducted. No registration of
practicum students is required by this Board.
235:10-3-6. Reciprocal license.
(a) Qualifications.
Any individual licensed in another state may be granted a reciprocal license
if he/she meets the following qualifications:
(1) Citizenship. The individual must be a
citizen or permanent resident of the United States.
(2) Reason. The individual must have a valid
reason to practice embalming, funeral direction directing, or both, within the
State of Oklahoma.
(3) Age. The individual must be twenty (20)
years of age.
(4) Sound moral character. The individual must
be of good moral character and facing no disciplinary action against his
license in the state from which reciprocating.
(5) Out-of-state fees. The out-of-state
license must be paid up and currently in force.
(6) All requirements. The individual must have
met all the requirements for licensing that a resident of Oklahoma must meet
as set forth in 235:10-3-1 through 235:10-3-4.
(7) Examination. Each individual must
successfully pass the Oklahoma Law examination.
(8) Documentation met. Application forms,
supporting documents and required fees must be in the Board office prior to
the issuance of any reciprocal license.
(b) Out of state more than five (5) years.
If the applicant has been licensed out-of-state for more than five (5) years:
(1) Citizenship. The applicant
must be a citizen of the United States.
(2) Reason. The applicant must
have a valid reason to practice embalming, funeral directing, or both in the
State of Oklahoma.
(3) Sound moral character. The applicant must
be of good moral character, and facing no disciplinary action in the state
from which reciprocating.
(4) Education. Educational and pre-licensing
training of the state in which licensed shall be accepted in Oklahoma only if
the applicant has been licensed and actively practicing for a period of five
(5) years.
(5) Documentation met. Application forms,
supporting documents, and required fees must be submitted to the Board office
prior to the issuance of any reciprocal license.
(6) Education evidence. No reciprocal license
shall be issued to an individual who has not completed an accredited mortuary
science school curriculum, and furnished the Board office documented proof of
the completion.
(7) Examination. Each individual must
successfully pass the Oklahoma Law examination.
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