1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1602 By: McCortney
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6 AS INTRODUCED
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7 An Act relating to the Funeral Services Licensing
7 Act; amending 59 O.S. 2021, Section 396.2, which
8 relates to definitions; modifying definition;
8 updating statutory language; and providing an
9 effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 59 O.S. 2021, Section 396.2, is
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13 amended to read as follows:
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14 Section 396.2. As used in the Funeral Services Licensing Act:
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15 1. “Embalmer” means a person who disinfects or preserves dead
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16 human remains, entire or in part, by the use of chemical substances,
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17 fluids or gases in the remains, or by the introduction of the same
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18 into the remains by vascular or hypodermic injection, or by direct
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19 application into organs or cavities;
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20 2. “Funeral director” means a person who:
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21 a. is engaged in or conducts or represents themselves as
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22 being engaged in preparing for the burial or disposal
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23 and directing and supervising the burial or disposal
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24 of dead human remains,
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 1 b. is engaged in or conducts or represents themselves as
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2 being engaged in maintaining a funeral establishment
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3 for the preparation and the disposition, or for the
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4 care of dead human remains,
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5 c. uses, in connection with the name of the person or
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6 funeral establishment, the words “funeral director” or
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7 “undertaker” or “mortician” or any other title
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8 implying that the person is engaged as a funeral
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9 director,
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10 d. sells funeral service merchandise to the public, or
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11 e. is responsible for the legal and ethical operation of
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12 a crematory;
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13 3. “Funeral establishment” means a place of business used in
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14 the care and preparation for burial, commercial embalming, or
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15 transportation of dead human remains, or any place where any person
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16 or persons shall hold forth and be engaged in the profession of
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17 undertaking or funeral directing;
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18 4. “Apprentice” means a person who is engaged in learning the
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19 practice of embalming or the practice of funeral directing, as the
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20 case may be, under the instruction and personal supervision of a
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21 duly licensed embalmer or a duly licensed funeral director of and in
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22 the State of Oklahoma this state, pursuant to the provisions of the
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23 Funeral Services Licensing Act, and who is duly registered as such
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24 with said the Oklahoma Funeral Board;
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 1 5. “Board” means the Oklahoma Funeral Board;
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2 6. “Directing a funeral” or “funeral directing” means directing
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3 funeral services from the time of the first call until final
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4 disposition or release to a common carrier or release to next of kin
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5 of the deceased or the designee of the next of kin;
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6 7. “First call” means the beginning of the relationship and
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7 duty of the funeral director to take charge of dead human remains
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8 and have such remains prepared by embalming, cremation, or
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9 otherwise, for burial or disposition, provided all laws pertaining
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10 to public health in this state are complied with. First call does
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11 not include calls made by ambulance, when the person dispatching the
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12 ambulance does not know whether or not dead human remains are to be
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13 picked up;
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14 8. “Personal supervision” means the physical presence of a
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15 licensed funeral director or embalmer at the specified time and
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16 place of the providing of acts of funeral service;
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17 9. “Commercial embalming establishment” means a fixed place of
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18 business consisting of an equipped preparation room, and other rooms
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19 as necessary, for the specified purpose of performing preparation
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20 and shipping services of dead human remains to funeral
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21 establishments inside and outside this state;
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22 10. “Funeral service merchandise or funeral services” means
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23 those products and services normally provided by funeral
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24 establishments and required to be listed on the General Price List
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 1 of the Federal Trade Commission, 15 U.S.C., Section 57a(a),
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2 including, but not limited to, the sale of burial supplies and
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3 equipment, but excluding the sale by a cemetery of lands or
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4 interests therein, services incidental thereto, markers, memorials,
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5 monuments, equipment, crypts, niches or outer enclosures. Any
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6 person, organization, or business that sells funeral service
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7 merchandise to the public without providing any other funeral
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8 services shall not be subject to the Funeral Services Licensing Act;
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9 11. “Outer enclosure” means a grave liner, grave box, or grave
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10 vault;
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11 12. “Funeral director in charge” means an individual licensed
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12 as both a funeral director and embalmer designated by a funeral
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13 service establishment, commercial embalming establishment, or
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14 crematory who is responsible for the legal and ethical operation of
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15 the establishment and is accountable to the Board;
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16 13. “Authorizing agent” means a person legally entitled to
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17 order the cremation or final disposition of particular human remains
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18 pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma
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19 Statutes;
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20 14. “Cremation” means the technical process, using heat and
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21 flame, or heat and pressure, that reduces human remains to essential
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22 elements, including bone fragments. The reduction takes place
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23 through heat and evaporation. Cremation shall include, but not be
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 1 limited to, the processing and pulverization of the bone fragments,
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2 or through alkaline hydrolysis;
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3 15. “Crematory” means a structure containing a furnace or
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4 alkaline hydrolysis vessel used or intended to be used for the
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5 cremation of human remains. The term includes a facility that
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6 cremates human remains through alkaline hydrolysis; and
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7 16. “Alkaline hydrolysis” means the reduction of human remains
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8 to bone fragments and essential elements in a licensed crematory
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9 using heat, pressure, water and base chemical agents.
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10 SECTION 2. This act shall become effective November 1, 2024.
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12 59-2-3328 MR 1/11/2024 2:44:35 PM
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