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TITLE 235. Oklahoma State Board of Embalmers and Funeral Directors SUBCHAPTER 1. GENERAL PROVISIONS 235:10-1-2. Definitions The following words and terms when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise. "Apprentice" means an individual who has registered as an apprentice with the board, and is an employee of a funeral service establishment, or a commercial embalming establishment. "At-need" means after the individual died. "Available embalmer" means a licensed embalmer who is not employed full-time at a licensed funeral service establishment who has filed an Available Embalmer Affidavit with the board attesting to his availability to perform embalming for the funeral service establishment as needed. "Board" means the Oklahoma State Board of Embalmers and Funeral Directors. "Casket" is a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric. "Certificate" means a document issued to a registered apprentice indicating that he is qualified to enter training in preparation for licensing as a funeral director or embalmer or both. "Commercial Embalming Establishment" means a fixed place of business with a preparation room and other facilities and equipment required to embalm, transport, or ship dead human remains, but limited to serving licensed funeral establishments, both in and outside the State of Oklahoma. "Cremation" means the technical process, using heat, that reduces dead human remains to bone fragments. The reduction takes place through heat and evaporation. "Desecration" means the failure of a funeral director or embalmer, without lawful authority or the consent of those persons authorized to make funeral arrangements, to return to the family of a deceased person the entire and complete body of the deceased or so much thereof that the funeral director and embalmer may have had care, custody or control during the period of time that such funeral director and embalmer has had charge of such deceased family member. "Desecration" shall not include the removal of blood, body fluids, body tissue or other body parts by a funeral director or embalmer in the normal course of embalming, body preparation, body restoration or cosmetology requested by the family and performed as part of normal professional services. The family of a deceased person has the absolute right to entomb the remains of a deceased family member's remains in its entirety. "Direct disposition" means the disposal of dead human remains without ritual, ceremony, embalming, or other procedures normally included in a funeral service. Direct disposition may or may not be followed by a memorial service. "Embalmer" means any individual licensed to engage in the practice of embalming. Any person who performs the duties of an embalmer as outlined in these rules, or who holds himself out to the public in any manner whatsoever as an embalmer must be licensed by the Board. "Full-time employee" means a full-time employee at a funeral service establishment, or the commercial embalming establishment which is his principal place of employment as evidenced by payroll and employment records. "Funeral director" means any individual licensed to engage in the practice of funeral directing. "Funeral Director in Charge - FDIC" an individual licensed as a funeral director designated by a funeral service establishment or commercial embalming establishment who is responsible for the legal and ethical operation of the establishment and is accountable to the Board. "Funeral service" means a ritual or ceremony conducted with a body or bodies present with said ritual or ceremony conducted prior to final disposition. A funeral service shall be conducted by a licensed funeral director under the supervision of a licensed funeral service establishment. "Funeral service establishment" means a fixed place of business used and equipped for funeral services, or for the retail sale or display of funeral service merchandise, or used to embalm, transport, or ship dead human remains, and to provide for the care and disposal of dead human remains. Any fixed place of business held out to the public as a funeral service establishment shall be inspected and licensed by the Board. "Funeral service merchandise" means those products and services normally provided by funeral establishments, including but not limited to burial supplies and equipment. "License" means a document issued by the Board certifying qualifications under the laws of the State of Oklahoma to practice as an embalmer or funeral director, or to operate a funeral service establishment or a commercial embalming establishment in providing funeral service merchandise for funeral services, or to sell funeral service merchandise, or funeral services to the public in the State of Oklahoma. "Licensees" means individuals who have met all of the requirements to be licensed by the State of Oklahoma to practice as funeral directors, or embalmers and are properly registered with the State Board of Embalmers and Funeral Directors. "Memorial service" means a ritual or ceremony conducted without the presence of a body or bodies which may be conducted before or after final disposal. "Practice of embalming" means the work of disinfecting or preserving dead human remains, entire or in part, by arterial embalming, or otherwise, for the preparation and the disposition, or for the care of dead human remains for funeral services, transportation, burial or cremation, or the holding of oneself out as being engaged in such work. "Practice of funeral directing" means the work of preparing for the burial or disposal of dead human remains, otherwise than by embalming, or for the care of dead human remains for funeral services, transportation, burial or cremation, or the holding of oneself out as being engaged in such work or being in the general control, supervision or management of the operations of a funeral service establishment. "Practicum Student" means a student currently enrolled in an accredited Funeral Service Program located in Oklahoma working in a funeral establishment to satisfy educational requirements. "Pre-need arrangements" means arrangements made for final disposition prior to the occurrence of a death.
235:10-1-3. When Board rules are not applicable (a) Related to deceased. Board rules shall not apply where an individual related to the deceased by blood or marriage provides a burial receptacle and buries the related deceased without embalming or conducting a funeral. (b) State officials. Board rules shall not apply in any way to interfere with the duties and responsibilities of any State official empowered and authorized to handle the disposition of a dead human body in his legal custody. 235:10-1-4. Request for interpretation of rules Any person who may be affected by the existence of application of any of the rules of this chapter may request in writing an interpretation of ruling regarding the application of such rule to the facts furnished with the inquiry. Any such request shall state fully the facts concerning which the rule may apply, and the particular rule about which the question exists. The request or inquiry will be added to the agenda for the next scheduled Board meeting and may if necessary be continued for further consideration to additional business meetings. The Board's interpretation of the rule will be furnished in writing to the person making the request, within a reasonable time thereafter. |
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Oklahoma State Board of Embalmers and Funeral Directors Business Hours: |
