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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, 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.

 

Oklahoma State Board of Embalmers and Funeral Directors
4545 N. Lincoln Blvd., Suite 175 - Oklahoma City, OK 73105

 TEL: (405) 525-0158 or (800) 375-5899        FAX: (405) 557-1844

Email: funeral@oklaosf.state.ok.us

Business Hours:
Monday-Friday 8:00am to 4:00pm