OK_mortlaws

MortSci 2012

Oklahoma Funeral Law

Disclaimer: While every effort was made to ensure the accuracy and completeness of the Funeral Laws and regulations available on the State’s website, the documents are not official, and the state agencies preparing this website and the Compiler are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the States Laws are considered valid

Oklahoma Title 310 - Oklahoma State Department of Health Chapter 105 - Vital Statistics Subchapter 1 Purpose, Forms and Fees 310:105-1-1. Purpose The rules in this Chapter implement the provisions of Article 3 of the Public Health Code, pertaining to vital statistics.

310:105-1-2. Completion and filing of forms and records (a) All certificates and records filed under the act and this Chapter shall be typewritten or legibly written in black, nonfading ink. (b) All blanks and forms shall be prepared in accordance with instructions of the Commissioner of Health. No form or blank shall be considered complete and correct or acceptable for filing that: (1) Does not supply all of the items of information called for thereon, or satisfactorily account for their omission.

(2) Contains alterations or erasures.

(3) Does not contain genuine signatures.

(4) Is marked "copy" or "duplicate".

(5) Is a carbon copy.

(6) Is prepared on an improper form.

(7) Contains any data relative to the putative father of a child born out of wedlock without his written consent, or unless determined by a court of competent jurisdiction.

[Source: Amended at 17 Ok Reg 2924, eff 7-13-00] 310:105-1-3. Fees for services, identification requirements and certified copies A valid, legal photographic identification by applicant or individual attesting for applicant shall be required for issuance of birth, death, and stillbirth certificates. Except as otherwise provided in law or regulation, the following schedule of fees is adopted for services provided, certified copies of Vital Records, or for a search of files when no copy is made: (1) Search of files or issuance of one (1) certified copy if record is found: (A) Birth Certificates - $15.00; additional certified copies requested - $15.00 per copy.

(B) Death Certificates - $15.00; additional certified copies requested - $15.00 per copy.

(2) Delayed Registration: (A) Initial search of files - $15.00 (B) Certified copies after establishment of delayed registration - $40.00 ($40.00 fee includes a $25.00 processing fee and credit for initial $15.00 search fee.)

(3) Birth record substitution: (A) Adoptions: (i) Search of records - $15.00 (ii) Certified copy after substitution - $40.00 ($40.00 fee includes a $25.00 processing fee and credit for initial $15.00 search fee.)

(B) Legitimations: (i) Search of records - $15.00 (ii) Certified copy after substitution - $40.00 ($40.00 fee includes a $25.00 processing fee and

credit for initial $15.00 search fee.)

(C) Certificate of Foreign Born: (i) Search of records - $15.00 (ii) Certified copy after preparation of and/or substitution of record - $40.00 ($40.00 fee includes $25.00 processing fee and credit for initial $15.00 search fee.)

(4) Amendments to Vital Records and Paternities: (A) Initial search of birth records - $15.00 (B) Certified copies of birth certificates after amended or paternity completed - $40.00 ($40.00 fee includes a $25.00 processing fee and credit for initial $15.00 search fee.) Paternities which 2 are submitted at the time of original filing by the hospital and meet all the requirements for filing are not subject to the amendment fee.

(C) Search of records and certified copies of amended death certificates - $15.00.

(D) Certified copies of death certificates after amendment or correction completed $35.00($35.00 fee includes a $20.00 processing fee and credit for initial $15.00 search fee) unless the requested amendment is to change the medical certification data. In this case, there is no amendment fee.

[Source: Amended at 11 Ok Reg 133, eff 10-8-93 (emergency); Amended at 11 Ok Reg 3161, eff 627-94; Amended at 19 Ok Reg 2056, eff 6-27-02; Amended at 20 Ok Reg 2353, eff 7-11-03; Amended at 25 Ok Reg 2389, eff 9-1-08] 310:105-1-4. Waiver of fees (a) Upon the Governor's declaration of a natural disaster within Oklahoma, the Commissioner of Health may declare a waiver of the fee for death and birth certificates of the victims of the disaster. (b) Upon receipt of a written application and proper identification from a member of a state or federal law enforcement agency, authorized to investigate matters involving the public's safety, it shall be lawful for the division to issue verification of death at no cost to the agency.

[Source: Added at 16 Ok Reg 3486, eff 7-30-99 (emergency); Added at 17 Ok Reg 2034, eff 6-1200; Amended at 19 Ok Reg 2056, eff 6-27-02] 310:105-1-5. Definitions The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Delayed Registration" shall mean the registration of the birth of a person one year or more after the date of birth.

[Source: Added at 17 Ok Reg 2924, eff 7-13-00] Subchapter 5 - Death Registration 310:105-5-1. Death registration (a) Certificate properly filed; when. An attending physician's certificate of death, medical examiner's certificate of death, or fetal death shall be considered properly filed when all items thereon have been satisfactorily and definitely answered in accordance with the instructions of the Commissioner of Health and when the certificate has been presented to the local registrar in the registration district in which death occurred or the body was found. (b) Fetal death defined. A gestation period of twenty (20) weeks or more is hereby prescribed in defining the term "fetal death."

310:105-5-2. Delayed death certificates When a death has occurred in this State and has not been registered with the Vital Records Division, it may be registered by using the current certificate of death form when one of the following conditions is met: (1) The certificate of death is signed by the attending physician in charge of the patient's care for the illness or condition which resulted in death.

(2) If death occurred in a hospital and the attending physician is no longer available, the medical certification may be completed on the basis of information contained in the permanent files of the hospital and signed by the medical records librarian. In such cases, it shall be noted on the face of the certificate that the information as shown is taken from the hospital records.

(3) If death was due to an accident, the medical examiner that originally investigated the case and who originally had the responsibility for certifying the cause of death shall sign a medical examiner's certificate of death.

(4) If death was due to an accident and the medical examiner originally responsible for completion is not available, then the Chief Medical Examiner may sign the certificate and certify the cause of death on the basis of information concerning the deceased contained in his files.

(5) All certificates filed more than twelve (12) months after the date of death shall be filed as a delayed filing and shall indicate the date signed by the physician or hospital personnel and shall indicate the date placed on permanent file. it shall be indicated on the face of the certificate that it is a delayed filing by the State Registrar when placing on permanent file.

310:105-5-3. Coordination of birth and death certificates When the State Registrar receives a death certificate or notification of death of a person born in the State of Oklahoma, any copies of the birth certificate shall indicate that the person is deceased.

[Source: Added at 17 Ok Reg 2924, eff 7-13-00] 310:105-5-4. Amendments of death registrations. (a) Causes of death. The cause of death or any other medical portion of the death certificate may be amended only upon the application of the medical examiner or the attending physician. (b) Minor corrections. Minor corrections to a death certificate shall be made only upon the application of the funeral home which must attest that the corrections are being made based on mistake made by the funeral home. (c) Other corrections. Any applicant that desires to make a change, alteration or amendment not provided for in paragraphs (a) through (b) of this section may file a petition with the Administrative Hearing Clerk pursuant to OAC 310:2 and seek a final decision by an Administrative Law Judge granting the relief requested. The applicant shall bear the burden of proof, by clear and convincing evidence that the proposed change, alteration or amendment 2 sought by the Applicant corrects an error or misstatement of fact as to any information supplied to the State Registrar by the funeral home.

[Source: Added at 17 Ok Reg 2924, eff 7-13-00; Amended at 24 Ok Reg 1905, eff 6-25-07] Title 310 - Oklahoma State Department of Health Chapter 105 - Vital Statistics Subchapter 7 - Bodies and Relocation of Cemeteries 310:105-7-1. Transportation of bodies (a) Bodies shipped by common carrier. The body of any person dead of a disease that is not contagious, infectious, or communicable may be shipped by common carrier subject to the following conditions:

(1) Provided the body is encased in a sound coffin or casket, enclosed in a strong outside shipping case, and provided it can reach destination within the specified number of hours from the time of death, applicable both to place of shipment and destination.

(2) When shipment cannot reach destination within the number of hours specified, the body shall either (A) Be embalmed, encased in a sound coffin or casket, and enclosed in a strong outside case for shipment, or (B) When embalming is not possible, or if the body is in a state of decomposition, it shall be shipped only after enclosure in an airtight coffin or casket, enclosed in proper shipping container.

(3) A burial transit permit shall be attached in a strong envelope to the shipping case. (b) Transportation of certain diseased bodies. The body of any person dead of smallpox, Asiatic cholera, louse-borne typhus fever, plague, yellow fever or any other contagious, infectious or communicable disease shall not be transported unless: (1) Such body has been embalmed, properly disinfected and encased in an airtight zinc, tin, copper, or lead-lined coffin or iron casket, all joints and seams hermetically soldered or sealed and all encased in a strong, tight outside shipping case.

(2) Disinterred remains are considered as infectious and shall be enclosed in a hermetically sealed metal or metal-lined casket, enclosed in proper shipping container.

(3) Bodies deposited in receiving vaults must be treated and considered the same as disinterred remains with respect to shipping.

310:105-7-2. Permit required for disinterment No person shall disinter the dead body of a human being for removal from one grave to another in the same cemetery, for removal to another cemetery, for cremation, or for any other purpose without obtaining a permit therefor from the State Commissioner of Health. The permit shall be signed by the next of kin of the deceased and a licensed Oklahoma funeral director responsible for performing the disinterring. In the event the next of kin's signature cannot be obtained a certified copy of a court order from a court of competent jurisdiction approving the disinterment shall be required. The permit shall be denied by the Commissioner of Health, if, in his opinion, the disinterment would be hazardous to the public health. The removal of bodies prepared by licensed embalmers and deposited in receiving vaults shall not be regarded as disinterments until the expiration of thirty (30) days.

310:105-7-3. Opening sealed caskets of disinterred remains A hermetically sealed casket containing the disinterred remains of any person, dead from any cause and shipped into the State of Oklahoma for burial, shall not be opened except when so ordered by a court of competent jurisdiction.

310:105-7-4. Relocation of cemeteries For the removal and reinterment of bodies now buried in cemeteries, graveyards and family lots located in territory to be affected directly by highway construction, water or buildings as a 2 result of the erection of dams by the official authority or for any other reason where it is necessary to relocate an existing cemetery, the following rules are herewith promulgated to meet the exigencies of this particular situation.

(1) Upon application to the State Department of Health, the official authority will be granted a blanket permit for the disinterment of all deceased persons buried within the project area when he has completed the Disinterment and Removal Application and Permit for each grave in the cemetery in accordance with the preceding regulations provided in Part VI, Paragraph 1. When

the signature of the next of kin cannot be obtained, or in those instances when graves contain bodies for which the name of the deceased is "unknown," it shall be necessary that a person or agency requesting the permit obtain a court order from a court of competent jurisdiction setting forth the necessity for relocating the existing cemetery and giving approval for the same. Upon receipt of a certified copy of such a court order, the State Commissioner of Health or the State Registrar of Vital Statistics shall issue the permit in accordance with the directions of the court.

(2) The rules and regulations of the Oklahoma State Department of Health governing the removal and transportation of dead bodies will remain in full force and effect, except that all bodies now buried in graves that are affected in any manner shall be immediately upon disinterment encased in a suitable casket or coffin, and that bodies dead less than six (6) months as a result of smallpox, Asiatic cholera, typhoid fever, leprosy, bubonic plague, anthrax, glanders, or tularemia must be placed in a metal or metal-lined casket and hermetically sealed. All disinterring and reinterring shall be done under the direction of a licensed Oklahoma funeral director.

(3) All excavations in old grave locations shall be performed by hand digging and shall be to the necessary depth and dimensions of not less than three (3) feet by four (4) feet. At this location, if no remains have been found, the person charged with the disinterring shall collect not less than one-half (1/2) cubic foot of the material at the bottom of the excavation and reinter such as the last remains. All of the body or last remains, including such jewelry, identification marks, hinges or any other objects, casket, coffin, or other container shall be removed from each grave and transferred and suitably buried in the new grave.

(4) Before the disinterment of any body or bodies in graves described in this Section, a statement from the local health officer in the area of reinterment must be furnished to the State Department of Health setting forth that each proposed site for the reinterment of said bodies has been approved by the said local health officer.

(5) Extra precaution shall be exercised by those charged with the disinterment, transportation, and reinterment of said bodies in the case of persons dead less than six (6) months prior to disinterment as a result of smallpox, typhoid fever, Asiatic cholera, leprosy, bubonic plague, anthrax, glanders, or tularemia. For the purpose of determining just which persons died of any of the above diseases during the above-prescribed periods of time, the person in charge of the disinterment and removal of said bodies shall contact the State Registrar of the state where the death occurred to determine if a death certificate is on file, and if so, the cause of death as entered on the death certificate. In the event no death certificate can be located, then the person in charge of the disinterment shall contact the local health officer of the area to determine if his records reflect information pertaining to deaths from the disease listed above. When it shall be determined that any person has died of any of the above diseases within the above period of time, then it shall be the duty of those in charge of the removal of said bodies to advise the public to refrain from coming into close proximity of the place where and when said bodies are being disinterred, removed or reinterred in order that the possibility of infection may be eliminated. If deemed necessary for the protection of public health, the local authorities are empowered to safeguard the interest of the public. The managers or trustees of any cemetery, or those in charge of the disinterment, removal or reinterment of the bodies are empowered to appoint an agent to exercise the powers of police officers within said cemetery, and within one hundred (100) yards of said cemetery grounds.

(6) The official authority shall, after completion of reinterment of said bodies, submit a report to the State Department of Health setting forth, as far as possible, a list of the names of all 3

deceased persons. The list shall contain the following: name of deceased; date of death; name and location of original place of burial; name and location of place to which the body was removed; provided, however, that such report may consist of a set of plans and prints used in performing said disinterments and reinterments that have been corrected to show the work finally performed.

Title 445 - Board of Medicolegal Investigations Chapter 10 445:10-1-2. Definitions The following words or terms, when used in this Chapter shall have the following meanings, unless the context clearly indicates otherwise: "Medical Examiner" means a licensed medical or osteopathic physician appointed by the chief medical examiner under provisions of Title 63 OS, Section 937.

"Medical Examiner Cases" means any death required by Section 938 of Title 63 of the Oklahoma Statutes to be investigated and certified by a medical examiner.

"Violent, suspicious, or unnatural deaths" include all those designations of deaths known or suspected to have resulted from accident, suicide or homicide where death is related to injury of any type.

445:10-1-3. Violent, suspicious or unnatural deaths Violent, suspicious or unnatural deaths are subject to jurisdiction of the medical examiner irrespective of period of survival following the injury and whether or not there was medical attendance at the time of the injury or during the period of survival.

445:10-1-4. Unattended death (a) A deceased person must be under the care of a licensed medical or osteopathic physician for the natural disease process to which he has succumbed, otherwise, the death is a medical examiner case.

Each case will vary and no hard and fast rule can be stated concerning the determination of whether a deceased was under medical care. Each case must be considered individually, but in general, the deceased should have a licensed medical or osteopathic physician assuming responsibility for their medical care within the last two weeks to thirty day antemortem. (b) There sometimes exists confusion concerning deaths in nursing homes. In many instances the dead person has not been seen physically by the physician in charge for a variable period. The physician has issued orders via telephone concerning the patient. Such deaths are considered "attended" since the physician assumes responsibility for the care and treatment of the individual.

Whether or not he physically see the patient is a matter between the patient and/or the patient's family and himself. Such cases should not be accepted by the medical examiner for investigation unless the death was due to unnatural means.

445:10-1-5. Establishing a hospital death as a medical examiner case; autopsies (a) Title 63 OS, Section 938 is specific as to which human deaths are subject to the investigation of the medical examiner. The attending physician is responsible for notification of the medical examiner. He must not request permission for autopsy from the next of kin until the medical examiner is notified and has made a decision as to whether or not an autopsy is required in accord

with provisions of Title 63 OS, Section 944. If the medical examiner case is not to be subjected to autopsy in accord with these provisions, the attending physician may then request permission for a private autopsy from the appropriate individual. The medical examiner still has responsibility for investigation and certification of such cases. (b) Deaths which are not bona fide medical examiner cases are not made such simply because autopsy permission has been refused by the next of kin, nor shall any authentic medical examiner case be withheld from medical examiner jurisdiction and autopsied by the hospital pathologist merely because private autopsy permission from the next of kin or responsible person has been obtained. (c) If during performance of a private autopsy by a hospital pathologist the finding (e.g. death related to trauma or poisoning) indicate that the case should properly be a medical examiner case, the pathologist shall immediately discontinue the autopsy and notify the medical examiner of his findings.

445:10-1-6. Road traffic fatalities (a) The investigating medical examiner shall obtain a whole blood specimen for the determination of ethanol from each operator or pedestrian road traffic fatality who dies at the time of or within four hours of the accident, utilizing a specimen kit for cardiac puncture supplied by the Office of the Chief Medical Examiner. (b) In cases where there is reason to believe that the blood specimen could be contaminated by gastric content or is unobtainable after repeated attempts, a vitreous humor specimen should be submitted in lieu of the whole blood specimen. Any such specimen must be obtained prior to any embalming procedure and is the personal responsibility of the medical examiner. If it is reasonably suspected that drug abuse may have been a factor, a urine specimen, obtained by suprapubic puncture shall also be submitted.

445:10-1-7. Embalming of medical examiner cases Since the chemical compounds used in embalming alter the characteristics of tissue of the body, make toxicologic procedures difficult and more costly, and may in certain cases render the toxic agent completely non-detectable, the medical examiner must completely examine any case coming under his jurisdiction and obtain appropriate specimens for the toxicologic examination prior to any embalming procedure. Any medical examiner case to be subject to autopsy under the provisions of Title 63 OS, Section 944 may not under any circumstances be embalmed prior to such autopsy unless permission is given for such procedure by the chief medical examiner or a deputy chief medical examiner.

445:10-1-8. Deaths during therapeutic procedures In order for a death occurring during a therapeutic procedure to be a medical examiner case, it must be medically unexpected. So that proper investigation can be made in medical examiner cases, the attending physician must immediately notify the medical examiner when death is pronounced. In medical examiner cases all apparatus of any type which was utilized in the therapy of the patient at the time of death including but not limited to intravenous set up and medications, electrical equipment, and anaesthesia machines and their connections and gas cylinders, must remain in place as they existed at the time of death and may not be disturbed or removed until and unless permission from the medical examiner is obtained.

445:10-1-9. Use of investigators The Office of the Chief Medical Examiner is specifically authorized to utilize the service of medicolegal investigators for the investigations of scenes of death.

445:10-1-10. Transport of bodies The Office of the Chief Medical Examiner is empowered to transfer in a vehicle controlled by the office the bodies of deceased persons coming under the jurisdiction of the medical examiner from the scene of death to an appropriate location for external examination and/or autopsy as required.

445:10-1-11. Fees for Forensic Science and Laboratory Services As provided in Title 63 OS, Section 948 and 948.1, the following fees are set for forensic and laboratory services.

(1) Any of the listed fees may be waived by the Chief Medical Examiner.

(2) Schedule of fees for forensic science services are as follows: (A) Civil Cases (i) Digital photos on CD: $25.00 (ii) Microscopic slides - H & E slides: $10.00 each (iii) X-rays: $15.00 each (B) M.D., D.O., Ph.D. (i) Case Review/Literature Review: $250 per hour to include the first hour or any part thereof (ii) Conference: $250 per hour to include the first hour or any part thereof. Thereafter, $50.00 per quarter of hour. (iii) Interrogatories: $325 per hour/minimum one hour. (iv) Deposition: $500 per hour to include the first hour or any part thereof. Thereafter, $200 per hour or any part thereof. (v) Court Appearance: $2000 per day to include expenses/minimum one day.

(C) Investigators (i) Conference: $150 per hour to include the first hour or any part thereof. Thereafter, $25 per quarter of hour. (ii) Interrogatories: $275 per hour/minimum one hour. (iii) Deposition: $300 per hour to include the first hour or any part thereof. Thereafter, $150 per hour or any part thereof. (iv) Court Appearance: $1000 per day to include expenses/minimum one day.

(D) All Requesting Parties (i) Cremation permits: $150.00 (ii) Cremation late fee (over 30 days): $25.00 (iii) Transport out of state investigations: $100.00 (iv) Body storage fee: $5.00 per day after 3 days (v) Specimen storage fee: $100.00 per year (vi) Morgue usage fee: $150.00 per event (vii) Conference room usage fee: $50 per hour or $150 per ½ day (viii) Copy of CME-1 and Toxicology report: $10.00 (ix) Copy of CME-1, Autopsy and Toxicology report: $20.00 (x) Copy of entire case file - certified: $25.00 per report (xi) Copy of entire toxicology file - certified: $1.00 per page (xii) Re-issuance of death certificate: $5.00

(3) (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (O) (P) (Q) (R)

Schedule of fees of toxicology laboratory services.

Alcohols: $60.00 Alkaline drug screen (GC, GC/MS): $150.00 Acid/Neutral drug screen (GC, GC/MS): $125.00 Immunoassay (7 drug classes): $90.00 Drug Screen by HPLC, LC/MS: $125.00 Drug confirmation/quantitation (GC, GC/MS, LC/MS): $150.00 Carbon monoxide (CO-Oximeter, PdCl2): $50.00 Carbon monoxide (GC quantitation): $140.00 Cyanide screen (color test): $45.00 Cyanide quantitation (UV/Vis): $90.00 Heavy Metals (qualitative): $90.00 Color tests (acetaminophen, salicylate, etc.): $47.00 Acetaminophen, Salicylate quantitation (FPIA): $45.00 Ethylene glycol: $125.00 Gamma-hydroxybutyrate (GC/MS): $150.00 Flunitrazepam (urine only): $150.00 Volatiles (GC): $100.00 Administrative (packaging/shipping specimens): $50.00

Title 36. Insurance Chapter 2. Prepaid Funeral Benefit Act Laws through 2009 Legislative Session Page 1 of 1 Prepaid Funeral Services and Funeral Service Merchandise § 6121. Permits Required § 6122. Exemptions § 6123. Administration of Act - Contracts - Retention of Itemized Statement of Charges § 6124. Acceptance of Money for Prepaid Funeral Benefits - Permit Application § 6124.1. Transfer of Ownership of Prepaid Funeral Benefits § 6125. Disposition of Funds § 6125.1. Maximum Amount of Principal Organization May Legally Receive § 6125.2. Funding of Prepaid Funeral Benefits Contracts - Provisions of Guaranteed Contracts and Nonspecified Contract - Penalties for Violations § 6126. Designation of Agent - Penalties for Violations § 6127. Merchandise Price Display § 6128. Annual Report § 6129. Maintenance of Certain Records - Annual Statement of Financial Condition of Funds § 6129.1. Financial Examination of Trusts § 6130. Penalties for Violations § 6131. Misquoting Requirements of Law - Penalty § 6133. Repealed by Laws 2009, HB 1275, c. 432, § 27, emerg. eff. July 1, 2009 § 6134. Certain Advertising Not Prohibited § 6135. Insurance Code Not Affected

ยง 6136.18. Conversion of Trust-Funded Prepaid Funeral Benefits to Insurance-Funded Prepaid Funeral Benefits.

Title 8. Cemeteries Chapter 1 Section 1 - Laws Governing Cemetery Corporations Every cemetery corporation formed under the laws of the Territory or State of Oklahoma, shall be governed under the laws of the State of Oklahoma, and have such power conferred upon it and be subject to such duties as may be provided by the laws of the state.

Section 1a - Power to Impose Reasonable Charges for Burial Charges - Failure to Pay Every cemetery in this state shall have the power to establish and impose reasonable charges for the burial of persons in the cemetery, unless prohibited by law. Failure to pay such charges shall be a misdemeanor and upon conviction be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00). The provisions of this section shall not authorize a cemetery other than those cemeteries owned, maintained or operated by municipalities in this state to impose additional charges not specifically authorized by written contract upon any person for burial if said cemetery has already sold the cemetery lot where such burial is to occur.

Section 2 - Management and Control of Fraternal and Church Cemeteries Any cemetery organized or controlled by any fraternal organization or church society or congregation shall be managed and controlled as provided by its rules and bylaws.

Section 3 - Real Estate for Cemetery Purposes May hold real estate. Every cemetery corporation has power to purchase or take by gift, grant or devise and to hold real property not exceeding eighty (80) acres for the sole use and purpose of a burial ground and to lay out the same into blocks and lots with convenient avenues and walks and to sell the lots for the sole use and purpose of burying the dead; and it may own and hold such other real and personal property as the legitimate, necessary or proper purposes of the corporation may require and all income therefrom shall be applied as hereinafter provided for the payment of the debts of the corporation and the improvement and ornamentation of its burial ground and for investment.

Section 4 - Surveys and Plats Such corporation shall cause its land, or such portion thereof as may from time to time become necessary for that purpose, to be surveyed into lots, plots, avenues and walks and platted, upon which plat every lot shall be regularly numbered and said plat shall be acknowledged and shall be

recorded in the office of the county clerk, but the fee for said recording shall not exceed the actual cost of the work of recording plus Two Dollars ($2.00).

Section 5 - Certain Corporation Powers Such corporation has power to inclose, improve and embellish its grounds, avenues and walks, and to erect buildings or vaults for its use, and to prescribe in its bylaws, rules for the sale, inclosure and ornamentation of lots and for erecting monuments or gravestones thereon; and to prohibit any use, division, improvement or ornamentation of any lot which the corporation may deem improper; and to make other bylaws and acts to the end that all the appliances and conveniences and benefits of a public and private cemetery may be obtained and secured.

Section 6 - Interments Whenever an interment is made in any lot as defined in Section 1 of this act, while any person is buried on that lot, that individual lot becomes forever inalienable, and descends in regular line of succession to the heirs at law of the owner, but any one or more of such heirs may release to any other of said heirs his or her interests in the same, and any other joint owners may release to each other in like manner.

Section 7 - Exempt Property All the property of every such benevolent corporation, and the lots sold by it to individual proprietors, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution; and all such real property shall be exempt from appropriation for streets, roads, or any other public uses or purposes.

Section 8 - Proceeds - Appropriation The proceeds arising from the sale of lots, after deducting all expenses of purchasing, inclosing, laying out and improving the ground, and of erecting buildings, shall be exclusively applied, appropriated and used in protecting, preserving, improving and embellishing the cemetery and its appurtenances, and to paying the necessary expenses of the corporation and must not be appropriated to any purpose of profit to the corporation or its members.

Section 9 - Charitable Institutions that Operate Cemeteries Benevolent, religious and charitable institutions which own, maintain and operate cemeteries under the laws of this state shall be permitted to retain ten percent (10%) of the gross proceeds of all lots sold by such an institution for the purpose of interment; and any sum so retained may be used by it in any manner which may further its legitimate objects.

Section 10 - Debts Must Be Paid At least fifty percent (50%) of the gross proceeds of sales of blocks, lots, plots, or graves must be applied as often as every six (6) months to the payment of the debts and obligations of such corporation as long as such debts and obligations exist.

Section 11 - Privileges Transferred to Subsequent Lot Owners When grounds purchased or otherwise acquired for cemetery purposes have been previously used as a burial ground, those who are lot owners at the time of the purchase continue to own the same and are members of the corporation, as hereinafter provided, with all the privileges the purchase of a corporation confers.

Section 12 - Subsequent Elections of Certain Corporations After First Annual Election At each subsequent election of officers of any such corporation, held after the first annual election, the owner or owners of a lot in the cemetery, and none other, shall be entitled to one vote at such election, or for any other purpose, and no more than one vote; and shall, by virtue of such proprietorship, be a member of the corporation, and eligible to any of its offices; but if there be more than one proprietor of any such lot, then such one of the proprietors as the majority of them shall designate may cast the one vote as aforesaid; and each trustee or director shall be the sole proprietor of a lot in such cemetery: Provided, that whenever less than five (5) persons reside within five miles of any cemetery own lots therein, the original corporators or their successors may control and manage said cemetery.

Section 13 - Care of Cemeteries In addition to the other officers of such corporation, it shall have an officer, known as its superintendent, whose duty it shall be to care for and protect the grounds of such cemetery and its appurtenances, and to enforce its bylaws, in relation to its grounds, and to superintend the making of repairs and the construction of improvements and the maintenance of all permanent improvements, or embellishments of every kind, which tends to beautify such cemetery or render it convenient for such use, or preserve it permanently as a burying ground for the dead. Such superintendent shall be elected at the same time the other officers of such corporation are elected, and shall hold his office for the same length of time as the president thereof, and shall be the owner of at least one lot in the cemetery, and shall be under the direct supervision, and control of the board of directors. The salary of such superintendent shall be fixed by the bylaws of such corporation.

Section 14 - Board of Directors' Meetings - Duties Meetings of board of directors. The board of trustees or directors of such corporation shall hold a regular meeting without notice immediately following the annual meeting of the members on the first Tuesday in July of each and every year, at which meeting it shall elect a president, a vicepresident, a secretary, a treasurer, and shall ascertain the amount received from the sale of lots during the six (6) months immediately preceding such meeting and enter the same in a book to be kept for that purpose, and shall set aside by proper resolution not less than one-half (1/2) of such

receipts for the purposes set forth in section 387 and shall transact such other business as may come before the meeting. Special meetings may be held at any time upon call of the president or a majority of the trustees or directors and upon written notice, mailed to each member of the board at least five (5) days before the meeting or upon written consent of all the members of the board.

Section 15 - Meeting of Members - Notice Annual meeting of members. The annual meeting of the members of such cemetery association shall be held on the first Tuesday in July of each and every year for the purpose of electing directors and transacting such other business as may come before the meeting. Notice of said meeting must be given by the secretary by publication in a newspaper published in the county and in the city or town nearest to said corporation's cemetery at least two (2) weeks and not more than four weeks prior to the date of such meeting; five (5) members shall constitute a quorum; special meetings may be held upon like notice; provided that if said members number less than fifty then said notices may be given by mailing the same to said members directed to the nearest post office to the location of said cemetery.

Section 16 - Duties in General Duties of trustees or directors. The trustees or directors shall have the direction and control of the cemetery and other property of the corporation and shall have such other powers and duties not inconsistent with the provisions of this article as the trustees or directors of other corporations not for profit under the law of the State of Oklahoma. They shall require a strict accounting to be kept of all monies received and expended on behalf of said corporation, look after and manage the affairs and fiscal concerns thereof, and see that all proper regulations are made for the proper conduct, maintenance and improvement of said cemetery, and shall also see that the debts and obligations of said corporation are paid as fast as the fifty percent of the gross proceeds of sales of lots, as provided by law, will permit, and shall also see that the other fifty percent of such proceeds are strictly applied to the maintenance, preservation, care and improvement of said cemetery, including the payment of the salary of the superintendent, and such other help as he may require.

Section 17 - Surplus Funds - Investment Any surplus funds which said corporation may have in its treasury shall be invested by the board of directors in some perfectly secure real estate or securities, all of which shall be exempt from taxation, as is the property of other public corporations, and the board of directors shall exercise the best of care in the preservation of said properties and funds and the accumulation thereof, to the end that provisions may be made for the perpetual maintenance of said cemetery and the improvement, embellishing, beautifying and taking care thereof, for which purposes all of the funds of said corporation, after the payment of its debts, shall at all times be subject, to be applied.

Section 18 - Violations - Fines Any person, firm or corporation violating any of the provisions of this Article, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined not less than Twenty-five nor more

than One Hundred Dollars ($100.00), and not less than thirty (30) days nor more than six (6) months in jail.

Section 31 - Land Used For Human Burial - Conveyance to Board of County Commissioners The owner of land, any part of which has been used for human burial and no cemetery corporation, including the same, has been formed, as is now provided by law, to which title can be made, may convey or devise any designated part or the whole of such land, together with roads and rights of way for the ingress and egress of the public and persons interested, to the Board of County Commissioners of the County in which such land is situated, in trust, for the use of the local community for cemetery purposes, and when any cemetery corporation has been formed for any such land so held in trust, the Board of County Commissioners shall, without charge or fee, convey the said land and such right of way and road, if any has been reserved, to such cemetery corporation.

Section 36 - Refusal of Interment Because of Race, Color or National Origin Prohibited It shall be unlawful for any person, group of persons, firm, corporation, organization, association or any other entity of any type to deny, refuse or prohibit the interment, entombment or burial of the remains of any deceased person in any cemetery, whether owned publicly or privately, because of the race, color or national origin of such deceased person.

Section 37 - Agreements Void Provisions in any contract, agreement, deed or charter and any bylaw, rule, restriction, covenant or regulation adopted or put in force either subsequent or prior to the effective date of this act authorizing, permitting or requiring the denial, refusal or prohibition of the privilege of interment, entombment or burial because of race, color or national origin of any deceased person are hereby declared to be null and void, unenforceable and in conflict with the public policy of this state.

Chapter 3 - Rural Communities, Townships and State Institutions Section 81 - Indian Lands Reserved for Cemeteries - Title to County Commissioners Where tracts of land have been reserved from allotment of Indian land by any treaty or agreement by and between the Cherokee, Choctaw, Chickasaw, Creek or Muskogee, Seminole, or any other Indian Tribes within the State of Oklahoma, and the United States, or by any Act of Congress, for rural cemeteries, and no cemetery corporation has been formed as is now provided by law to which title can be made, the title thereto may be made to the board of county commissioners of the county in which any tract of land reserved is situated, in trust for the use of the local community for cemetery purposes, and when a cemetery corporation has been formed for any such reserved tract of land, the board of county commissioners shall, without charge or fee, convey the title to said land to the cemetery corporation.

Section 82 - Ownership-Tax Levy

The township board of trustees of any organized township of Oklahoma, or board of county commissioners, be and are hereby empowered to purchase, receive by bequest, any cemetery within their respective townships, now or hereafter used for the purpose of burying the dead. Such cemetery so acquired, shall become the property of the township acquiring same, and the township board of such township or board of county commissioners, shall make a levy of not to exceed one (1) mill of the taxable property in their township, to be used for fencing of such cemetery, cutting of weeds, placing markers at the head of all graves not properly marked, (such markers to be of stone and cement), planting of shrubs and trees, purchasing of additional lands, tools, and in any other manner deemed necessary for the convenience of the public.

Section 83 - Township - One Cemetery Not more than one cemetery shall be acquired in any congressional township, by any township under the provisions of this act, and provided, further, that any cemetery acquired under such provisions shall belong to the public and no fee for burial of the dead shall ever be charged.

Section 84 - Township Cemeteries - County Commissioners - Maintenance Levy The board of county commissioners of any county in this state is hereby authorized to make an annual appropriation and enter the same in the estimate submitted annually to the excise board of said county sufficient for the purpose of enlarging, maintaining, caring for, beautifying and landscaping those cemeteries which were, prior to August 15, 1933, owned by townships in this state and were maintained and kept by the township board of trustees or by the board of county commissioners as the governing board of the township.

Section 85 - County Excise Board - Tax Levy Upon request of the board of county commissioners contained in the estimate of needs submitted, the county excise board is hereby authorized and empowered to levy a tax on all taxable property in the county for the purposes set forth in Section 1 hereof, said tax levy not to exceed one-fifth (1/5) of one (1) mill for said purpose.

Section 86 - Caretakers The board of county commissioners is hereby authorized and empowered to employ suitable and competent persons to look after, care for and maintain said cemeteries.

Section 87 - Cemeteries to be Public - Fees Prohibited Said cemeteries kept and maintained pursuant to the provisions of this Act shall belong to the public and no fee for the burial of the dead shall ever be charged.

Section 88 - State Institutions - Notification to Relatives of Deaths - Burial - Expenses The superintendents or wardens of state penal, reformatory and eleemosynary institutions, of state hospitals and of state institutions for the benefit of the mentally ill, blind, deaf, mute, tubercular and

epileptic are hereby authorized and directed to remove the bodies of the deceased inmates or patients from said institutions, that are not claimed for private burial by friends or relatives thereof within ninety-six (96) hours after their death, and said superintendent or warden of said institution shall notify the friends or relatives of said deceased inmate by registered mail or telegram of the death of said deceased inmate at their last known place of residence if known, in accordance with the provisions of 63 O.S. 1951 Section 63-91-100.

When the State Anatomical Board rejects the body of a deceased inmate or patient the superintendent or warden of that institution shall have the rejected body buried in lands of said institution set aside for such purpose. Provided, that the expenses of such burials shall be paid from the support and maintenance appropriation or any other appropriation made for the operating expenses of the institution.

Section 88.1 - Limitation of Time Permitted to Hold Body It is hereby required that after the body has been received by the State Anatomical Board that it shall be required that said Anatomical Board shall hold and preserve the body for a period of not less than thirty (30) days from the date of death.

Section 89 - Repealed by Laws 1949, HB 127, p. 50, ยง 13, emerg. eff. May 20, 1949 Section 90 - Organization of District - County Commissioners Within thirty (30) days after said order is entered by said board of county commissioners, as above provided, it is hereby made the duty of the county commissioner of the district, in which district lies the greatest portion of territory comprising said cemetery district, to call a meeting of the qualified electors of said cemetery district in the same manner as now provided by law for annual school meetings, for the purpose of organizing said cemetery district into an association and for the election of five (5) directors who shall have authority to provide for the caring and maintaining of said cemetery hereinafter provided for, and who shall hold their office until the next regular meeting of said cemetery association.

Section 91 - Cemetery Association - Offer Before said petition shall be granted by said board of county commissioners as hereinbefore provided, there shall be on file with the clerk of said board an offer by at least one cemetery association or corporation in said proposed district, authorized by at least a majority vote of its officers and directors, to convey to said proposed cemetery district association, all property, both real and personal, now owned by said association, or corporation, free of cost, and said cemetery association or corporation is hereby authorized to make such conveyance upon a majority vote of its officers and directors.

Section 92 - Repealed by Laws 1949, HB 127, p. 50, ยง 13, emerg. eff. May 20, 1949 Section 93 - Repealed by Laws 1949, HB 127, p. 50, ยง 13, emerg. eff. May 20, 1949

Section 94 - Powers of District Said district cemetery association shall have all the authority and powers now provided by law for cemetery associations and corporations under Chapter 42, Session Laws of 1935; Provided further, that the cemetery of said district association shall be and remain a public cemetery; and nothing in this Act shall prohibit one or more cemetery associations from selecting the same cemetery as their official cemetery, whether said designated cemetery is located in the same congressional township in which the cemetery association is formed.

Chapter 4 Section 111 - Cemetery Funds Cemetery funds: Any city or town or voluntary cemetery association, whether incorporated or not, may by proper ordinance or resolutions, designate the county treasurer of the county in which said cemetery is located as depositary for permanent upkeep funds belonging to said cemetery.

Section 112 - County Treasurer's Bond The bond of the treasurer of said county be and the same is hereby made to cover said funds.

Section 113 - Investment of Funds The said treasurer is hereby authorized to accept and invest said funds in deficiency warrants of the State of Oklahoma, state bonds of the State of Oklahoma, or Federal Savings and Loan Association Stock, or State Building and Loan Association Stock, up to amounts insured by the Federal Government, or in any other security now provided under present laws for the investment of sinking funds by said Treasurers.

Section 114 - Interest or Dividends On July 1st of each year, the treasurer of said county shall pay the earned interest or dividends, as the case may be, to the cemetery board or other organization making said deposits.

Section 115 - Principal to Remain a Permanent Fund The principal amounts deposited with said treasurer shall be and remain a permanent fund and no portion thereof shall ever be spent, but that the same shall, as far as practical, be kept at interest and the interest thereof shall be paid to said cemeteries, depositing the principal thereof to be used by said cemetery boards or associations for the permanent upkeep of said cemetery or graves.

Chapter 5 Section 131 - County Cemetery Association There may be organized in each county in the State of Oklahoma a county cemetery association.

Section 132 - Object of Association The object of the county cemetery association hereby provided for shall be to beautify, landscape, maintain and improve the publicly owned cemeteries or other cemeteries not owned and maintained by any individual or actively operating private cemetery association, corporation, or fraternal or religious group and which are or have been used by the public as public cemeteries which are located in the county where county cemetery associations are formed; provided, however, that nothing in this act shall prevent the expending of funds raised under this act by any county cemetery association for the upkeep of any cemetery owned by any municipality or other political subdivision of such County even though such municipality or publicly owned cemetery may be located outside the corporate limits of such county.

Section 133 - Members - Qualifications The county cemetery association in each county organized under this Act shall consist of two (2) members from each commissioners' district who shall be residents of the commissioners' district from which they are selected, and qualified electors of the county, and who shall be elected at a mass meeting called by each county commissioner on the first Monday in May of each odd numbered year. Said mass meeting shall be called by each of the county commissioners upon a petition of twenty-five (25) resident citizens of the county and after the presentation of said petition to the board of county commissioners, each county commissioner shall call a mass meeting in his respective commissioners' district for the purpose of electing two (2) members of the county cemetery association. The call for such mass meeting shall be by posting notices in at least three (3) public places in the commissioners' district or by both posting notices and publication in a newspaper of general circulation in the county. Such notices and publications shall state the purpose of the mass meeting, the time and place of holding same and such notices and/or publication must be made at least one (1) week before the date of meeting. The county commissioner shall preside at such meeting and shall certify to the county clerk the names of the two (2) members of the county cemetery association elected at said mass meeting within one (1) week after said election is held.

The members so elected at said mass meeting shall hold their office for a period of two (2) years and until their successors are elected and qualified except when any county cemetery association shall be formed and organized under the provisions of this act on an even numbered year, the officers elected on such even numbered year shall hold office for a period of one (1) year and provided further that it shall not be necessary to petition the board of county commissioners to hold an election in any county in this state after such county has organized a county cemetery association pursuant to the provisions of this act, but it shall be the duty of each county commissioner in any county having a county cemetery association organized under the provisions of this Act to call an election as herein provided on each odd numbered year.

Provided, however, that if, for any reason, no election or mass meeting is held after the petition is duly filed with the board of county commissioners as hereinabove provided the county commissioner that represents the district so failing to hold an election is hereby authorized to appoint two (2) resident qualified electors from his commissioners' district as members of the county cemetery association and in such event shall certify their names to the county clerk as if they had been elected at a mass meeting and the members so appointed by any county commissioner shall

have the same authority as if they had been regularly elected at a mass meeting and they shall likewise hold office for the same period of time as those elected at a mass meeting. Provided further that the county commissioners shall have the authority to fill vacancies that occur on the board of directors of said association.

Section 134 - Organization of Association On or before the third Monday in May following said mass meeting the six (6) members of the county cemetery association who have been selected as hereinabove provided shall meet at the district court house and shall perfect an organization by the election of a president, vice-president and secretary. The president of the board of directors shall be the presiding officer of such board and shall perform the usual duties incumbent upon such officer and shall see that all orders of the board are complied with and in the absence of the president the vice-president shall be the presiding officer. The secretary of such board shall be the recording officer and shall keep and have supervision over all records and shall file and safely keep all documents of said county cemetery association and shall perform all duties imposed upon him by the board of directors compatible with the duties of such office. The secretary may be paid a salary to be fixed by the board of directors.

Said secretary shall give a surety bond in an amount to be fixed by said board of directors and to be approved by the said Board payable to such county and conditioned for the faithful performance of his duties. The premium for said bond shall be paid by said directors out of cemetery association funds.

Section 135 - Special Meetings Special meeting may be called any time thereafter by the president or vice-president of the county cemetery association upon written request of one-fourth (1/4) of the members of said board of directors. Notice of regular and special meetings shall be given by mail at least three (3) days prior to such meeting.

Section 136 - Board of Directors The board of directors shall constitute the executive board of the county cemetery association and shall have full power and authority to fix the time and place for regular meetings and to make all rules and regulations pertaining to the business of said association and shall have the authority to hire employees and to lease or purchase equipment to carry out the purposes of this act.

Section 137 - Annual Estimate of Needs The board of directors shall make an annual estimate of their needs and shall certify such estimate to the board of county commissioners at the time and in the manner provided by law; provided, however, it shall not be the duty of the board of county commissioners to include the same as a special budget account in the county budget of estimated needs for publication and certification to the county excise board unless and until the mandatory constitutional governmental functions and the statutory governmental functions made mandatory by the Legislature have been first provided for, nor for the excise board to approve the same unless and until appropriations shall first have been

approved sufficient to sustain such mandatory governmental functions and there remains uncommitted available revenue.

Section 138 - Appropriations For the purpose of defraying the expenses of landscaping, beautifying, maintaining and improving of the publicly owned cemeteries as herein provided the excise board of each county may approve appropriations in the county budget, in a special budget account denominated the "County Cemetery Budget Account," in amount not exceeding Three Thousand Dollars ($3,000.00) per annum, which shall be dedicated to such special purpose under the protective restrictions and limitations now provided for special budget accounts under 62 Oklahoma Statutes 1951, Section 331.

Section 139 - County Treasurer - Special Budget Account - Cash Fund - Claims and Warrants The county treasurer shall set up two accounts of funds provided for herein in the name of the county cemetery association, one account to be the Special Budget Account hereinbefore provided which shall be an Appropriation Account and subject only to the registration of county warrants issued to pay only those claims which have been approved by the cemetery board of directors, filed with the county clerk and allowed by the board of county commissioners as other departmental claims; the other shall be a distinctive cash fund separately maintained under the "Fifth" proviso of Section 331 of Title 62, Oklahoma Statutes 1951, and subject only to payment of warrants issued in payment of claims allowed by the cemetery board of directors, which warrants shall be signed by the president (or vice-president) of the cemetery board of directors and attested by its secretary. Said special cash fund shall be derived from donations, hereby authorized to be accepted, sales of lots, and any other miscellaneous cemetery revenues and collections that may come into the hands of said cemetery board, or any of its officers or employees, who shall deposit the same with the county treasurer under the same mandatory requirements and penalties as is by law required of other county officers and employees (19 O.S. 1951, Sections 681-686.)

All claims shall be itemized and sworn to by claimants and when allowed shall be filed with the county clerk of said county whose duty it shall be to preserve the same against county audit by the State Auditor and Inspector; and no warrant shall issue against either of said funds except in payment of such sworn itemized claims. No cash fund claims shall be allowed nor filed and no cash warrant issued in payment thereof in excess of the cash actually on hand in the possession of the county treasurer at the time of presentation to him for payment and provided that no contract debt nor obligation authorized or created by said board of directors in excess of the uncommitted appropriation and cash in said special fund shall be valid.

Section 140 - Gifts Said board may accept and use gifts of money or property on behalf of said cemetery association and use it for general cemetery purposes.

Section 141 - Transfer of Duties In any county where a county cemetery association has been organized for the purposes set forth in this act and funds have been provided therefor as by this act authorized, all the duties, functions, powers and privileges now imposed by law (Title 8, Oklahoma Statutes 1951, Sections 82-87) upon the Board of County Commissioners of such county are hereby imposed upon the county cemetery association of such county; and for only such counties in which such associations have been and are organized, operating, and financed as herein provided, the appropriations and levies herein authorized shall be in lieu of and not in addition to the appropriations and levies provided by Sections 84 and 85 of Title 8, Oklahoma Statutes 1951.

Section 142 - Invalidity Clause If any provision of this act or application thereof to any person, property or circumstance is held invalid such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Section 143 - Maintenance and Improvement of Certain Cemeteries by County Commissioners In any county of this state wherein a county cemetery association has not been organized, as authorized by 8 O.S. 1951, Sections 131,141, inclusive, or has ceased to function after organization, the board of county commissioners is hereby authorized and empowered to utilize employees under their jurisdiction and county-owned tools, machinery, equipment, and materials for the purposes of opening and closing graves and maintaining and improving any publicly owned cemetery or other cemetery within the county not owned and maintained by an individual or private organization; provided that, where appropriate, a reasonable fee, not to exceed the actual cost of the service, may be charged for such services.

Section 144 - Acceptance and Use of Monies and Other Items The board of county commissioners is hereby authorized and empowered to accept and use monies and other items of value from private and governmental sources for the purposes of opening and closing graves and maintaining and improving said cemeteries in carrying out the intent and purposes of this act.

Chapter 6 - Perpetual Care Fund Act Section 7101 - Short Title Sections 161 through 170 of this title, as recodified by this act, shall be known and may be cited as the "Perpetual Care Fund Act".

Section 7102 - Definitions As used in the Perpetual Care Fund Act: 1. "Cemetery" or "cemeteries" means any land or structure in this state dedicated to or used, or intended to be used, for the interment of human remains; 2. "Burial space" means any grave space, lot, mausoleum crypt or niche, whether above or below ground, which is used or intended to be used for the interment of human remains; 3. "Purchase price" means the gross dollar amount the customer shall pay the cemetery under a contractual agreement between the two to exchange ownership of, or rights to, certain burial spaces.

Purchase price shall not include finance charges, sales tax, charges for credit life insurance, opening and closing costs and setting fees, but shall include any amount which the customer is required to pay as a deposit to the Perpetual Care Fund, described in Section 163 of this title. On sales of burial spaces wherein discounts or free spaces are granted to the customer by the cemetery, the purchase price shall be the fair market value or the normal selling price of that particular type of burial space as sold by the cemetery; 4. "Financial institution" means a federally insured bank or savings and loan authorized to exercise trust powers or a trust company that is authorized to do business in this state; 5. "Income", except as provided in subsection D of Section 163 of this title, means the return derived from the principal amount; 6. "Insurance Commissioner" or "Commissioner" means the Insurance Commissioner of the State of Oklahoma; and 7. "Designated agent" means one or more individuals designated by the cemetery owner and whom the owner has acknowledged as having fiduciary responsibilities under the Perpetual Care Fund Act. Section 7103 - Perpetual Care Fund - Investment - Use of Income - Deposit of Funds A. In all cemeteries in this state where burial spaces are sold, not less than ten percent (10%) of the purchase price thereof shall be segregated and set aside as a permanent trust fund to be known as the "Perpetual Care Fund". The Perpetual Care Fund shall be invested as hereinafter prescribed, and the income only shall be used in improving, caring for, and embellishing the lots, walks, drives, parks and other improvements in the cemeteries and maintenance of office and care of records.

B. If a cemetery allows a person or other entity to construct or otherwise establish a burial space at the cemetery that is not purchased from the cemetery, the cemetery shall collect from the person or entity an amount not less than ten percent (10%) of the construction or retail cost of the burial space, to be deposited in the Perpetual Care Fund of the cemetery.

C. The owner or designated agent of a cemetery shall set aside and deposit the amounts required in subsections A and B of this section in a financial institution authorized by law, as trustee, to

administer the trusts, not later than thirty (30) days after the close of the month in which was received the final payment on the purchase price of each burial space. The amounts shall be held by the trustee of the Perpetual Care Fund in trust for the specific purposes stated in a written trust agreement. The trust agreement may provide for an individual or other entity to exist as cotrustee; provided, however, in no instance shall the cotrustee have sole access to deposits held in the Perpetual Care Fund, except as otherwise provided in this act.

D. Notwithstanding the requirements of subsection C of this section, if the total amount of the Perpetual Care Fund maintained by the cemetery is an amount equal to or less than the standard insurance amount per depositor as provided by the Federal Deposit Insurance Corporation, the cemetery may, in lieu of depositing the funds in a trust account, purchase a certificate of deposit from a financial institution according to the terms of this subsection. The certificate of deposit shall be pledged in favor of the Oklahoma Insurance Department with no right of withdrawal by the cemetery, whether before or after maturity, except upon application to, and approval by, the Insurance Commissioner. The terms of the certificate of deposit shall provide for notice to the Insurance Department within thirty (30) days prior to maturity. Only interest accruing from the certificate of deposit may be withdrawn by the cemetery and shall be considered income for purposes of subsection A of this section. If a cemetery maintains a certificate of deposit in lieu of a trust fund, as it collects funds which are required to be deposited into its Perpetual Care Fund, it shall segregate those funds from its other operating funds and contribute those funds to the certificate of deposit upon its next maturity date. If a Perpetual Care Fund of a cemetery is maintained in a certificate of deposit, but grows in an amount greater than the standard insurance amount per depositor as provided by the Federal Deposit Insurance Corporation, the cemetery shall comply with the provisions of subsection C of this section by placing all of its Perpetual Care Fund in trust and shall no longer maintain a certificate of deposit as authorized by this subsection.

Section 7104 - Donations for Special Care of Specified Lots Donations, deposits or bequests may be made in trust by mutual agreement between the cemetery and lot owner or lot owners, for the special care of specified lots, monuments or mausoleums in any such cemetery, and such funds shall be invested in like manner as the Perpetual Care Fund, but a separate account shall be kept of each amount so deposited, donated and bequeathed and only the income derived from such funds shall be used in the care, maintenance and repair of such lots, monuments and mausoleums, unless otherwise provided by the donor.

Section 7105 - Investment of Trust Funds - Income Accumulated trust funds held by the trustee of the Perpetual Care Fund shall be invested in the manner provided in the Oklahoma Trust Act, Sections 175.1 through 175.57 of Title 60 of the Oklahoma Statutes, and any amendments thereto. The income derived therefrom shall be returned to the cemeteries to be used by them only as provided by the Perpetual Care Fund Act. Section 7106 - Annual Report - Authority of State Bank Commissioner - Examination Fees A. The owner of a cemetery maintaining a Perpetual Care Trust Fund, or certificate of deposit in lieu of a Perpetual Care Trust Fund, shall be required to pay to the Insurance Commissioner an annual

fee of Two Hundred Dollars ($200.00), and file a report of each cemetery by March 15 of each year with the Commissioner, showing, for the preceding calendar year: 1. The gross amount received from sales of grave spaces, lots, mausoleum crypts and niches; 2. The total purchase price of grave spaces, lots, mausoleum crypts and niches on contracts which received final payment and required deposits to the Perpetual Care Fund during the calendar year; 3. The operating expenses incurred during the calendar year which are eligible to be paid from income of the Perpetual Care Fund; 4. The total amount of the principal of the Perpetual Care Fund as of the beginning of the preceding calendar year; and 5. The amount segregated and deposited in the Perpetual Care Fund as provided by the Perpetual Care Fund Act which, if the Perpetual Care Fund is held in trust, shall be certified by the trustee of the Perpetual Care Fund as to correctness thereof, and the trustee shall provide: a. the total amount of the principal of the Perpetual Care Fund as of the end of the calendar year, b. the securities and other assets in which such perpetual care funds are invested, c. the cash on hand, d. a verification in writing of all assets in which monies of the Perpetual Care Fund have been invested; provided, the verification shall be obtained from the holder or holders of the assets, e. the income derived from the Perpetual Care Fund investments during the calendar year, and f. the gross expenditures or transfers from income of the Perpetual Care Fund during the calendar year.

The annual fee collected pursuant to this subsection shall be deposited in the State Insurance Commissioner Revolving Fund created pursuant to Section 307.3 of Title 36 of the Oklahoma Statutes.

B. If the Perpetual Care Fund is maintained in a certificate of deposit in lieu of a trust fund, the cemetery shall provide in its annual report a verification from the financial institution as to the amount of principal of the Perpetual Care Fund as of the end of the calendar year, and the amount of funds contributed to the certificate of deposit by the cemetery as of each maturity date of the certificate of deposit during the last calendar year.

C. The Commissioner shall have authority, at any time, to inspect the books and records of any cemetery, and to make an examination thereof for the purpose of determining if proper sums have been deposited with the trustee in the Perpetual Care Fund, or in a certificate of deposit maintained in lieu of a trust fund, and if the Fund is being properly administered by the trustee in accordance

with the provisions of the Perpetual Care Fund Act and rules of the Commissioner. The examination shall be conducted pursuant to Sections 309.1 through 309.7 of Title 36 of the Oklahoma Statutes and the cost of the examination shall be paid by the cemetery owner. The cost of the examination shall be billed directly to the cemetery owner by the examiner. Each cemetery owner and trustee is responsible for maintaining satisfactory books and records which adequately justify all information contained in the annual report required by this section.

Section 167 - Repealed by Laws 1985, SB 43, c. 331, ยง 6, emerg. eff. July 29, 1985

Section 7107 - Cemeteries with Prepayment Financing Programs - Compliance with Applicable Provisions Every cemetery which provides prepayment financing programs to its customers under contracts in which a finance charge is made shall comply with all applicable provisions of the Uniform Consumer Credit Code, Sections 1-101 through 9-101 of Title 14A of the Oklahoma Statutes.

Section 7108 - Applicability of Act A. The provisions of the Perpetual Care Fund Act shall not apply to municipal, religious, fraternal, or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state.

B. The provisions of the Perpetual Care Fund Act may apply to unincorporated cemetery associations operating cemeteries in this state. Unincorporated cemetery associations that make application with the Insurance Commissioner to maintain a perpetual care fund and are approved by the Commissioner shall comply with all provisions of the Perpetual Care Fund Act. Section 7109 - Administration of Perpetual Care Fund Act The Perpetual Care Fund Act shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules and regulations concerning the keeping and inspection of records, the filing of contracts and reports, and all other matters concerning the orderly administration and implementation of the Perpetual Care Fund Act. Section 7110 - Violations and Punishment Any person, firm or corporation violating any of the provisions of the Perpetual Care Fund Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).

Section 7111 - Unlawful to Fraudulently or Intentionally Fail or Refuse to Honor Certain Contracts It shall be unlawful for any owner or operator of a cemetery to accept money or anything of value under a contract entered into pursuant to the Perpetual Care Fund Act and fraudulently or

intentionally fail or refuse to honor the contract providing for the improving, caring for, and embellishing of the burial lots, walks, drives, parks and other improvements in the cemetery.

In addition to other penalties authorized by law, this fraudulent or intentional failure or refusal to honor the contract with the consumer shall be a violation of the Oklahoma Consumer Protection Act pursuant to Sections 751 through 764.1 of Title 15 of the Oklahoma Statutes.

Section 7112 - Attorney General - Actions to Recover Monies - Injunctions The Insurance Commissioner may initiate an action to recover payments required to be deposited to the State Insurance Commissioner Revolving Fund pursuant to the Perpetual Care Fund Act or to recover other monies received or disbursed in violation of the Perpetual Care Fund Act. The Insurance Commissioner may, after an opportunity for hearing and a determination that an owner of a cemetery is in violation of the Perpetual Care Fund Act, censure an owner of a cemetery, levy a fine as deemed appropriate by the Commissioner, or both censure and levy a fine against an owner of a cemetery.

Chapter 7 - Establishment of Cemeteries Section 181 - Purpose of Act The people of the state have a vital interest in the establishment of cemeteries and the maintenance, preservation and operation thereof. To protect the citizens of the state, to promote the public welfare and public health thereof, and to prevent and guard against cemeteries from hereafter becoming a burden upon the community and the taxpayers of the state, the following provisions are enacted in the exercise of the police power of the state.

Section 182 - Cemetery, Acquisition of - Approval by Board of County Commissioners - Exceptions to Act (a) Any corporation, association, individual, partnership, trust, or any other organization however constituted which after the effective date of this act locates or establishes a cemetery, providing a grave, vault, columbarium, public mausoleum or other receptacle for the burial of dead human remains, in any county of the state, shall be subject to the provisions of this act. (b) No corporation, association, individual, partnership, trust or any other organization however constituted, shall after the effective date of this act purchase or acquire, directly or indirectly, any interest in or the control of an existing cemetery or property which has been used as a burial ground in any county of this state, for the purpose of engaging in the business of the ownership, establishment, maintenance or operation of a cemetery, providing a grave, vault, columbarium, public mausoleum or other receptacle for the burial of dead human remains, unless and until a written report thereof is made to the board of county commissioners wherein the cemetery or burial ground is located, and an approval order is issued by the board to such organization prior to such purchase or acquisition. The written report shall be made and subscribed to by the interested parties, and shall be in such form and detail as the board shall prescribe and require. In the event the board

finds, after the written report is made and a hearing held thereon, that the proposed purchase or acquisition and the consummation thereof will result in an evasion or avoidance of this act in that the organization proposing to so purchase or acquire intends to substantially change or alter the method or plan of operation of the cemetery or burial ground, which is hereby declared to constitute the location and establishment of cemetery after the effective date of this act, then and in that event the board shall issue an order disapproving the proposed purchase or acquisition, and it shall be unlawful for such purchase or acquisition, to be thereafter consummated unless and until such organization applies for and is issued a certificate of authority as provided by Section 3 of this act. In the event the board finds, after the written report is made and a hearing held thereon, that the proposed purchase or acquisition and the consummation thereof will not result in an evasion or avoidance of this act as hereinbefore provided, then and in that event the board shall issue an order approving the proposed purchase or acquisition and such organization shall not be required to apply for and be issued a certificate of authority as provided by Section 3 of this act. This subsection shall not apply to or affect the inheritance of any interest in or the control of a cemetery, mausoleum or burial ground. (c) The provisions of this act shall not apply to a municipal, religious, fraternal, rural community, township, state, county and nonprofit corporate cemeteries and free community burial grounds which are subject to and regulated by Chapters 1, 2, 3, and 5 of Title 8, Oklahoma Statutes 1951; nor to cemeteries operated by charitable and eleemosynary institutions. (d) The provisions of this act shall not apply to or affect the purchase or acquisition by an existing cemetery of additional real property which is immediately adjacent and adjoining to such cemetery nor to the construction of a mausoleum or columbarium on the real property of a cemetery.

Section 183 - Issuance of Certificate of Authority - Approval of Application - Investigation and Examination Relating to Financial Standing. (a) No organization subject to the provisions of this act shall locate or establish a cemetery in any county of this state except after a certificate of authority has been issued therefor by the board of county commissioners of the county wherein such cemetery is to be located and operated. The issuance of such certificate of authority shall rest solely in the discretion of the board of county commissioners of the county wherein such cemetery is to be located and operated. The request to establish such proposed cemetery shall be set forth in a written application made to the board of county commissioners, provided that the form of the application shall be prescribed and furnished by the board and shall contain such information as the board may require; provided, however, that no such certificate of authority shall be required for establishing or operating any cemetery, graveyard or burial ground in such cities containing a population over three hundred thousand (300,000), authority for the construction and operation of which shall be obtained from the governmental planning commission having jurisdiction over zoning and building regulations covering the area wherein such cemetery, graveyard or burial ground is located. (b) The board of county commissioners shall not approve an application nor issue a certificate of authority until:

1. The board shall make or cause to be made an investigation and examination of the applicant and the application.

2. The board shall give notice of such application, and the hearing to be held thereon, by publication once a week for two (2) consecutive weeks in a newspaper having a general circulation in the county in which the applicant proposes to locate and operate the cemetery.

3. The board shall, after the date of the said publication, hold a public hearing on the application in such place in the county as it shall designate. (c) After the filing of the application for a certificate of authority, the board of county commissioners shall make or cause to be made a careful investigation and examination relating to the financial standing and character of the organizers of the proposed cemetery, the character and qualifications and experience of the officers and managers thereof, for the use of the board, which information shall be considered confidential; of the adequacy of the initial investment in the proposed cemetery; of the adequacy of the planned perpetual care fund if the proposed cemetery is to be a perpetual care cemetery; of the proximity of the proposed cemetery to human dwellings and the sanitary and health conditions in regard to the location of the proposed cemetery; and of the public necessity for the cemetery in the community in which such proposed cemetery is to be located and operated; and if the board of county commissioners, after the public hearing herein provided, shall determine any of the questions unfavorable to the applicant, the applicant shall not be approved and the certificate of authority shall not be issued, and if such questions be determined favorably by the board, the board shall approve the application and the certificate of authority shall be issued. (d) At the public hearing any person who is interested may appear and be heard, either in person or by his attorney. Within sixty (60) days from the date of such hearing the board of county commissioners shall render its findings and decision, in such form and detail as it shall prescribe, and a copy of the same shall be forwarded to the applicant and all persons who have entered an appearance. (e) All expenses which may be incurred by the board of county commissioners in performing its duties as provided in this section shall be paid to the board by the applicant at the time of filing the application for the certificate of authority, provided such expenses shall in no event exceed Five Hundred Dollars ($500.00) and any balance remaining unexpended shall be returned to the applicant by the board at the conclusion of the hearing.

Section 184 - Violation and Penalty Any person who wilfully violates any provision of this act shall be guilty of a misdemeanor and shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment for each offense.

Section 185 - Conveyance of County Lands for Cemetery Purposes The board of county commissioners may, without fee or charge, transfer and convey any land owned by the county, which at the time of conveyance is being used for cemetery purposes, or is situated adjacent to a tract of land being used for cemetery purposes, to any cemetery association, previously existing or formed for the purpose of taking such lands, said conveyance to be made and land to be used exclusively for purposes of human burial.

Section 186 - Certain Cemeteries Allowed Sufficient Ingress and Egress Any cemetery in this state consisting of ten or more grave spaces, lots, crypts or niches, including but not limited to, locations on property held in fee title, by leasehold, estate or easement by the state, any county, municipality, district, religious or fraternal organization, corporation, nonprofit corporation, partnership, association, individual or trust or charitable or eleemosynary institution, shall be allowed sufficient ingress to and egress from such cemetery by allowing the establishment of streets, roads or other public rights-of-way for such purpose. Such entity shall further allow sufficient ingress to and egress from any grave space, lot, crypt or niche within the cemetery by allowing sufficient access to any portion of the cemetery for such purpose.

Section 187 - Right of Reasonable Ingress or Egress for Purpose of Visiting Abandoned Cemetery Any relative of the deceased who wishes to visit an abandoned cemetery which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. For the purposes of this section, "abandoned cemetery" means any place where human skeletal remains are buried and which no body has been interred for at least twenty-five (25) years and where such site is readily identifiable as a cemetery by an inspection of the property. Any relative of the deceased who wishes to visit an abandoned cemetery shall make a good faith effort to notify the owners and tenants, if any, of said property prior to visiting the cemetery. This section shall not be interpreted to allow the creation of an easement or claim of easement nor a right of ownership or claim of right of ownership to an abandoned cemetery.

Chapter 8 - Burial Associations Section 201 - Burial Association Act This Act shall be known and cited as "The Burial Association Act." Section 202 - Definitions The following terms as used in this act are defined as follows: 1. "Burial association" or "association" when used without limitation or qualification, shall mean an association, whether incorporated or nonincorporated, licensed pursuant to this act or which is otherwise subject to the provisions of this act; and

2. "Board" shall mean the Oklahoma State Board of Embalmers and Funeral Directors.

Section 203 - Repealed by Laws 1992, HB 2303, c. 147, ยง 12, emerg. eff. July 1, 1992 Section 203.1 - State Burial Board - Abolishment of A. The State Burial Board is hereby abolished. All powers, duties, responsibilities, property, personnel, assets, liabilities, fund balances, encumbrances and obligations of the State Burial Board are hereby transferred to the State Board of Embalmers and Funeral Directors. All references made in the Oklahoma Statutes to the State Burial Board shall mean the State Board of Embalmers and Funeral Directors.

B. The Oklahoma State Board of Embalmers and Funeral Directors is hereby vested with the duty and authority of enforcing and administering the provisions of Section 201 et seq. of this title.

Section 204 - State Burial Board Administration and Enforcement Fund - Employees and Compensation - Expenses A. There is hereby created a fund to be known as the "State Burial Board Administration and Enforcement Fund," and all fees received by the Board under the provisions of this act shall be paid to the Board and shall by it be deposited to the credit of such Fund. The Board shall have the authority to employ and fix the compensation of personnel necessary for the administration of this Act, and to incur and pay such expenses as are deemed necessary by the Board for such purpose.

Such compensation and expenses shall be disbursed from the State Burial Board Administration and Enforcement Fund upon vouchers drawn and approved by the Board.

B. The State Burial Board Administration and Enforcement Fund, created pursuant to subsection A of this section, is hereby abolished. On July 1, 1992, any unencumbered funds remaining in the State Burial Board Administration and Enforcement Fund shall be transferred to the credit of the Fund of the State Board of Funeral Directors and Embalmers, created pursuant to Section 396.14 of Title 59 of the Oklahoma Statutes. Any unexpended funds remaining in the State Burial Board Administration and Enforcement Fund after November 15, 1992, shall be transferred to the credit of the Fund of the State Board of Funeral Directors and Embalmers.

Section 205 - Exemption from Insurance Laws - Conditions - Mutual Associations - Articles of Agreement That all burial associations now operating or that may be hereafter organized, as incorporated or nonincorporated associations, which are nonprofit sharing in their operations and pay no fees or salaries to any of their officers and have no capital stock and which comply with the provisions of this act shall be exempt from the operations and the effect of the insurance laws of the State of Oklahoma; and shall not be required to comply with the insurance laws of the said state; provided, that all monies collected by said associations shall be accounted for; provided further that not more than twenty-five percent (25%) of said funds are to be used for operating expenses, and not less than

seventy-five percent (75%) of the funds so collected is to be held as a trust fund for the benefit of the members.

Associations licensed under this act shall be mutual associations and every person who applies for and holds a burial agreement shall be a member of the association, in accordance with the bylaws of the association and shall be entitled to one vote, and such members may vote in person or by proxy.

Burial associations are hereby declared to be charitable and benevolent associations.

The following shall be the Uniform Article of Agreement between burial associations and their members.

ARTICLES OF AGREEMENT Article 1. In consideration of One Dollar ($1.00) Membership fee and assessments of fifty cents ($0.50) per month, or Five Dollars ($5.00) for twelve (12) assessments if paid in advance, we agree to furnish the following protection for an entire family who live at home, and are solely dependent upon the head of the house. This protection also covers school students. All applicants must be in good health at the time of application for membership. Upon marriage of any of the children, they are automatically dropped from this certificate.

Article 2. All assessments are due on the first day of each month and carry fifteen (15) days grace, becoming delinquent on midnight of the fifteenth. Any certificate which has lapsed on account of failure to pay an assessment, may be reinstated by paying a fifty-cent assessment, provided that if any member of the family is sick at the time of such reinstatement benefits will not be reinstated on such sick person until his recovery.

Article 3. All persons between the ages of seven (7) and seventy (70) at the time of application for membership are entitled to One Hundred Dollars ($100.00) burial benefits; all children under the age of seven (7) are entitled to Fifty Dollars ($50.00) burial benefits; upon reaching the age of seven (7), children are automatically entitled to One Hundred Dollars ($100.00) burial benefits; applicants who join after they have reached the age of seventy (70) are entitled to Fifty Dollars ($50.00) burial benefits. Stillborn babies are entitled to Twenty-five Dollars ($25.00) burial benefits. In the event a baby is born into the family, the name may be placed on the certificate at no additional charge.

Article 4. All benefits are for service and merchandise only and must be furnished by the association.

Said association will not be responsible for any debts incurred by the death of any member of this association.

Article 5. In the event death occurs beyond the distance of fifty (50) miles, the burial association being duly notified, may, in lieu of the above complete service, deliver to the express office for shipment, merchandise in the value as specified in this certificate, or mail Sixty Dollars ($60.00) to the policy holder. All express charges shall be paid by the certificate holder.

Provided further that the Oklahoma State Board of Embalmers and Funeral Directors shall draft a uniform application for membership which shall be used by all burial associations operating in the State of Oklahoma, or which may be hereafter organized, said application for membership shall have

printed across the face in red ink the following language: "This is not an application for life insurance." Said Board shall also provide for uniform membership fees, dues and/or assessments; the membership fee of One Dollar ($1.00) shall be the assessment for the first month in which the agreement is issued, provided the remaining dues or assessments to be not less than fifty cents ($0.50) on a monthly basis, provided, however, that twelve (12) assessments may be paid in advance for Five Dollars ($5.00) and, provided further that if the funds on hand in the trust fund are equal to fifty cents ($0.50) for each certificate in force a monthly assessment may be passed until such time as the funds in the trust are less than fifty cents ($0.50) for each certificate in force. Provided that any association now in existence charging a less sum may continue to service all certificates now in effect at existing rates specified in the certificates; and certificates which lapse, and all new certificates must be written at the uniform rate set up by this act. No burial association licensed pursuant to the provisions of this act shall have the authority to levy any assessment on its members other than the assessment expressly provided for in the Uniform Article of Agreement. All certificates of membership issued by said associations shall have printed across the face of said certificate the following language: "This is not a certificate of life insurance."

Section 206 - Investment of Trust Funds No burial association shall invest its trust funds except in bonds and securities which are the direct obligations of the United States or in cash deposits in regularly established national or state banks.

Section 207 - License Suspension or Revocation - Hearing - Appeal (a) No burial association shall transact any business until the Board has issued a formal license authorizing it to do so, which license shall not issue until it is satisfied that the association has complied with the provisions of this act. Licenses issued to such association shall authorize the association to do business in this state until the last day of June following the date of issuance of the license, and the license may be renewed by the Board annually thereafter, unless sooner suspended, revoked, or renewal refused; provided, however, that any license shall continue in full force and effect until a new license be issued or specifically refused. (b) The Board shall not suspend, revoke, or refuse to renew a license issued to any burial association unless, after a hearing held, it finds that one of the grounds specified in Section 15 of this act exists as to such association. Before the Board shall suspend, revoke, or refuse to issue or renew any license it shall issue a show cause order to such association stating specifically, the nature of the alleged violations, and fixing a time and place, at least ten (10) days thereafter, when a hearing of the matter shall be held. After such hearing, or upon failure of the association to make an appearance, the Board shall render its findings, decision and order in writing. After the Board has rendered its findings, decision and order, any party aggrieved may appeal within twenty (20) days to the district court of Oklahoma county by filing with the clerk of said court a petition in error together with a certified copy of the proceedings of the Board in such matter. If the appeal is from an order of the Board, such order shall not take effect during the pendency of the appeal unless the court shall determine otherwise. The court may review all the facts and in disposing of any issue before it, may modify, affirm or reverse any finding, decision or order of the Board, in whole or in part.

Section 208 - Limitation of Benefits - Liability Where Decedent Covered by More Than One Burial Agreement (a) Any burial association may issue a burial agreement containing burial benefits not exceeding twice the burial benefits provided in the Articles of Agreement as specified in Section 5 of this act, by charging and levying twice the membership fee and assessments specified therein. (b) No burial association licensed pursuant to the provisions of this act shall issue more than one burial agreement providing a Two Hundred Dollar ($200.00) benefit or more than two burial agreements each providing a One Hundred Dollar ($100.00) benefit covering a family, or any member thereof; nor issue a burial agreement covering a family, or any member thereof, who are covered by a burial agreement issued by another burial association and the application form prescribed by the Board shall contain an interrogatory as to whether the family, or any member thereof, is so covered by such an agreement; provided, however, nothing in this act shall prohibit, and any burial association is hereby authorized, to issue an agreement to a family for the purpose of replacing an agreement theretofore issued by another burial association, and provided further such in lieu agreement shall at least provide the same benefits and coverage to the family as the agreement replaced. (c) In the event of the death of a person who is covered by more than one agreement issued by one burial association the association's liability shall be limited to the providing of a burial benefit equal to twice the benefit specified in the Articles of Agreement as provided in Section 5 of this act, regardless of the number of burial agreements issued by the said burial association and covering such person, and the burial association is hereby prohibited from providing a burial benefit in excess thereof. In the event of the death of a person who is covered by more than one agreement issued by more than one burial association the agreement holder shall elect as to which association he shall make claim for the burial benefit; the association which is not so elected shall have no liability to provide the burial benefit and is hereby prohibited from providing any burial benefit.

Section 209 - Bond of Burial Association Treasures The treasurer of every burial association, who shall be the custodian of the funds of the association, shall file with the Oklahoma State Board of Embalmers and Funeral Directors a bond, in the form prescribed by the Board, running in the favor of the State of Oklahoma, executed by an insurance company authorized to do business in this state, and to be conditioned that the trust fund of the association will be held and administered in accordance with the provisions of this act, which bond shall at all times be equal to, or in excess of, the trust fund but which in no event shall be in an amount less than One Thousand Dollars ($1,000.00).

Section 210 - Reimbursement When Funds Wrongfully Paid The Board shall have the authority, after a hearing held, to issue an order directing the officers of an association to reimburse the trust fund for any withdrawal therefrom when the Board finds that the officers have wrongfully paid a claim or have otherwise wrongfully disbursed funds from the trust fund.

Section 211 - Inspection and Examination of Associations by Board - Examination of Witnesses as to Transactions and Conditions Whenever the Board deems it necessary or advisable, and at least once in each year, it shall examine, through its authorized representative each burial association and thoroughly inspect and examine its financial condition, whether it has complied with the provisions of the law and any other facts relative to its business methods, management, and the equity of its dealings with its members and claimants. The Board or its authorized representative may subpoena and administer the oath to and examine witnesses, the directors, officers, trustees, agents, representatives, and members of any association and any other person, relative to its affairs, transactions and conditions. The cost of any examination exceeding four (4) hours in duration made pursuant to the provisions of this section shall be the responsibility of the examined burial association. Provided, however, no such cost paid by the examined burial association shall exceed five percent (5%) of the total income of said burial association or Two Hundred and Fifty Dollars ($250.00) whichever is greater.

Section 212 - Misrepresentations No association and no director, trustee, officer, agent, employee, solicitor, or other representative thereof, or any other person, shall make, issue, circulate, or cause or permit to be made, issued, or circulated, a statement of any sort misrepresenting the terms, conditions or character of any agreement issued by it or the benefits or advantages promised thereby.

Section 213 - Discrimination Between Members - Rebates Discrimination between members of the same class in the amount of assessments, dues, and fees charged for or on any agreement, or in any benefits payable thereon, or in any of the terms or conditions of such agreement, or in any manner whatsoever is prohibited. This Act shall not prohibit different assessments, dues, fees or benefits for individuals insured under different plans at different times. No association and no director, trustee, officer, agent, employee, solicitor or other representative thereof shall pay, allow or give, or offer to pay, allow or give directly or indirectly, as an inducement to insure any rebate of the assessment, dues or fees payable on the agreement, or any special favor or advantage in the benefits to accrue thereon not specified in the agreement or any paid employment contract for services of any kind or any valuable consideration or inducement whatever; provided however, nothing herein shall prohibit a burial association or any agent thereof in connection with the sale of an agreement from truthfully advertising or stating the advantages of a funeral service rendered by a designated funeral home.

Section 214 - Annual Report - License Fee - Penalty for Failure to Report Every burial association doing business in the State of Oklahoma under the provisions of Sections 201 et seq. of this title shall, annually, on or before the last day of June, report under oath of the president and secretary of said association to the Oklahoma State Board of Embalmers and Funeral Directors, the total income, less refunds, received by the association from its member during the preceding calendar year and shall at the same time pay to the Board an annual license fee equal to one percent (1%) of the said total income, less refunds, as a condition precedent to the issuance of the annual license, or the renewal of said license, to the association. The Board may, if it deems that

the Oklahoma State Board of Embalmers and Funeral Directors Administration and Enforcement Fund is or will be insufficient to meet the expenses of the new license year, increase the annual license fee to an amount not exceeding four percent (4%) of said total income. Any burial association failing to make such returns and payments promptly and correctly shall forfeit and pay to the Board in addition to said fees, the sum of Two Hundred Fifty Dollars ($250.00). In the event any such burial association so fails or neglects to make returns or payments within sixty (60) days, the Board shall notify the burial association and its agents that they have no authority to do business in the state and the Board shall request the Attorney General to proceed to collect said fees and penalties and interest thereon, by an action at law.

Section 215 - Grounds for Injunction - Procedure If the Board is of the opinion upon examination or from other evidence, that any burial association: (1) is in an insolvent condition in that it fails and is unable to provide any burial benefit in accordance with the terms and conditions of its burial agreement, or (2) has not complied with its articles of incorporation or agreement or the provisions of the law applicable to such association, or (3) is not maintaining its trust fund according to the provisions of this act, or (4) that its condition or management is such as to render its further proceedings or transaction of business hazardous to the public, or its members, or to its creditors, or (5) that its treatment and dealings with its members and claimants are not equitable or just, or (6) has not complied with, or has violated, a written rule or regulation or order promulgated or issued by the Board, it shall apply to the district court of Oklahoma County, through the Attorney General of the state, for an injunction restraining the burial association, in whole or in part, from further proceeding with its business. The court may issue an injunction forthwith and may, after notice to the association, and hearing held, make the injunction perpetual, and make all orders and decrees needful in the premises, and may appoint a person designated by the Board to act for and in its behalf as receiver to take possession of the property and effects of the association and to settle its affairs, subject to such rules and orders as the court from time to time may prescribe.

Section 216 - Request for Appointment of Receiver No person or party other than the Oklahoma State Board of Embalmers and Funeral Directors may appear in the courts of this state requesting the appointment of a receiver of a burial association.

Section 217 - Merger or Consolidation - Approval of State Burial Board Required (a) No burial association shall merge, consolidate, or reinsure all of its business with another burial association, except with the approval of the Oklahoma State Board of Embalmers and Funeral Directors.

(b) A copy of the agreement or document effecting such merger, consolidation, or reinsurance shall be filed with the Oklahoma State Board of Embalmers and Funeral Directors.

Section 218 - Agents Any person, who for a consideration solicits, negotiates, or effects, or offers to solicit, negotiate, or effect, any burial agreement in this state for or on behalf of any burial association shall be a burial agent within the intent of this Act, and shall become subject to all the duties, requirements, obligations, liabilities and penalties imposed by this Act. Section 219 - Agents License Required No person shall, in this state, engage directly or indirectly, in the business as a burial agent for any burial association unless such person holds a burial agent license authorizing him to represent such burial association.

Section 220 - Application for Agent's License - Hearing Upon Refusal to Grant (a) Application for a burial agent license shall be made to the Board upon a form prescribed by the Board. (b) Upon receipt of the application the Board shall promptly determine the general reputation and character of the applicant as to honesty, integrity, and responsibility. If the Board finds that the applicant would be a trustworthy person to hold a burial agent license and that the applicant otherwise qualifies under the provisions of this act, it shall issue a burial agent license to the applicant upon requisition by a burial association or associations. (c) If the Board finds that the applicant does not qualify to hold a burial agent license, it shall so advise the applicant and at the same time forward to the applicant a full and complete statement of the reasons supporting such finding. The Board shall within fifteen (15) days after the applicant receives such statement grant a hearing on the matter upon receiving a written request from the applicant. The Board, at the conclusion of the hearing shall make its written findings, decision and order. Within twenty (20) days after being served with a copy of the written findings, decision and order, the applicant may appeal to the district court of Oklahoma County by filing with the clerk of the court a petition for review of the findings, decision and order, together with a certified copy of the proceedings of the Board. The court may review all the facts and, in disposing of any issue before it, may modify, affirm, or reverse the findings, decision and order of the Board, in whole or in part.

Section 221 - Requisition for Appointment of Agents - Forms of License - Expiration Date Renewal of License - Fees - Paid by Whom (a) Every burial association desiring to appoint a person as its agent shall apply to the Board, upon a requisition form prescribed by the Board, for a burial agent license for said person. The requisition

of the burial association shall be accompanied by a burial agent license fee of Ten Dollars ($10.00) for such agent. (b) If the person designated by the association has qualified to hold a burial agent license, the Board shall issue a burial agent license to such person. The burial agent license issued by the Board shall be in the form prescribed by the Board, provided the same may be of a continuous form, and shall recite that the agent is authorized to engage in the business as a burial agent for said burial association.

Every burial agent license shall expire on the following June 30th, unless sooner renewed. (c) Prior to the 30th day of June of each year every burial association shall file with the Board, upon a requisition form, an alphabetical list of all its agents whose burial agent licenses it desires to renew and at the same time pay to the Board a renewal license fee of Ten Dollars ($10.00) for each agent. (d) Upon the renewal of each burial agent license the Board shall prepare, issue and forward a renewal receipt to the association which shall forward the same to the agent. The renewal receipt shall evidence the renewal of the burial agent license and shall at all times be in the custody of the agent. Every burial agent license for which there has been filed a renewal requisition and license fee paid prior to its expiration date, shall continue in force and effect until a renewal receipt has been issued or the agent and the association have received notice from the Board that it has specifically refused to renew the burial agent license as hereinafter provided. (e) The burial agent license fee shall be paid by the association making the requisition and such association shall not, directly or indirectly, charge the same to the agent.

Section 222 - Revocation or Refusal to Renew License - Causes for - Hearing - Surrender of license - probation of Licensee in Certain Instances - renewal not Issued for 3 Years After Revocation or Refusal to Renew (a) The Board may revoke or refuse to renew any burial agent license, if, after a hearing held, the Board finds: (1) That the agent has obtained or attempted to obtain any burial agent license through willful misrepresentation or fraud.

(2) That the agent has materially misrepresented the terms, conditions, benefits or effect of any burial agreement, or the financial condition or manner of doing business of any burial association.

(3) That the agent has been convicted, by final judgment, of a felony.

(4) That the agent has misappropriated or withheld from a burial association or burial agent any money or property received or collected by him for such burial association or burial agent.

(5) Any cause for which issuance the burial agent license could have been refused had it then existed and had been known to the Board.

(6) That the agent has willfully violated any provisions of this act.

(b) The holder of any burial agent license which has been revoked or renewal refused for cause by the Board, or cancelled by a burial association, shall surrender the same and the last renewal receipt to the Board upon receiving notice of revocation or refusal or cancellation. (c) The Board, may, if it finds that extenuating and mitigating circumstances exist, issue an order suspending its order of refusal to renew, or revocation of, any burial agent license and placing the agent on probation under such conditions and for such period of time as it deems necessary. In the event the agent violates or fails to comply with the conditions of the probation the Board shall, after notice to the agent and a summary hearing, have the authority to cancel the probation and to revoke the burial agent licenses held by the agent. (d) No person shall be issued a burial agent license for a period of three (3) years after the Board has issued an order revoking or refusing to renew such person's burial agent license.

Section 222 - Revocation or Refusal to Renew License - Causes for - Hearing - Surrender of license - probation of Licensee in Certain Instances - renewal not Issued for 3 Years After Revocation or Refusal to Renew (a) The Board may revoke or refuse to renew any burial agent license, if, after a hearing held, the Board finds: (1) That the agent has obtained or attempted to obtain any burial agent license through willful misrepresentation or fraud.

(2) That the agent has materially misrepresented the terms, conditions, benefits or effect of any burial agreement, or the financial condition or manner of doing business of any burial association.

(3) That the agent has been convicted, by final judgment, of a felony.

(4) That the agent has misappropriated or withheld from a burial association or burial agent any money or property received or collected by him for such burial association or burial agent.

(5) Any cause for which issuance the burial agent license could have been refused had it then existed and had been known to the Board.

(6) That the agent has willfully violated any provisions of this act. (b) The holder of any burial agent license which has been revoked or renewal refused for cause by the Board, or cancelled by a burial association, shall surrender the same and the last renewal receipt to the Board upon receiving notice of revocation or refusal or cancellation. (c) The Board, may, if it finds that extenuating and mitigating circumstances exist, issue an order suspending its order of refusal to renew, or revocation of, any burial agent license and placing the agent on probation under such conditions and for such period of time as it deems necessary. In the event the agent violates or fails to comply with the conditions of the probation the Board shall, after

notice to the agent and a summary hearing, have the authority to cancel the probation and to revoke the burial agent licenses held by the agent. (d) No person shall be issued a burial agent license for a period of three (3) years after the Board has issued an order revoking or refusing to renew such person's burial agent license.

Section 223 - Hearing - Procedure - Appeal A hearing before the Board for the purpose of revoking or refusing to renew a burial agent license shall be had only upon a sworn complaint signed by a complainant, or a show cause order issued by the Board, after a copy thereof has been served on the agent and the burial associations for which the agent is licensed or which have made requisition for such agent.

(1) The sworn complaint and the show cause order shall be concise and definite in such a manner so as to apprise the agent of the nature of the charge.

(2) The agent and the interested burial associations shall be served at least ten (10) days prior to the date of the hearing.

(3) Formal rules of procedure or evidence need not be observed by the Board in the conduct of the hearing.

(4) At the expense of and at the written request seasonably made by an interested party, the Board shall cause a full stenographic record of the proceedings to be made by a competent stenographic reporter, and if transcribed such record shall be made a part of the Board's record of the hearing.

(5) The Board at the conclusion of the hearing shall make its written findings, decision and order, and a copy thereof shall be served on all interested parties.

(6) Any party aggrieved by any findings, decision or order of the Board, may appeal within twenty (20) days after receipt of the findings, decision and order to the district court of Oklahoma County by filing with the clerk of said court a petition for review of such findings, decision and order, together with a certified copy of the proceedings of the Board. The court shall determine whether the appeal shall operate as a stay of the order of the Board. The court may review all the facts and, in disposing of any issue before it, may affirm, modify, or reverse the findings, decision or order of the Board in whole or in part.

Section 224 - Burial Agreements Issued Only Through Resident Agents (a) No burial agreement shall be issued or delivered in this state by a burial association unless through its licensed resident agent. (b) No burial association or burial agent shall pay, allow or give, directly or indirectly, any money, commissions, or other valuable consideration to any person, who, in this state, solicits, negotiates, or effects a burial agreement unless such person held a burial agent license with the burial association that issued the agreement at the time of the soliciting, negotiating, or effecting such agreement.

Section 225 - Solicitors as Agents of Association Any person who shall solicit and shall procure an application for a burial agreement shall, in all matters relating to such application and the agreement issued in consequence thereof, be regarded as the agent of the burial association issuing the agreement and not the agent of the applicant or member.

Section 226 - Depositions - Witnesses Fees and Mileage Failure to Appear (a) In any proceeding arising under this act, any member of the Board, or any interested party, may take depositions as in civil proceedings and the Board may, on its own motion, and shall, upon request of any interested party, subpoena witnesses or documentary evidence, administer oaths, and examine under oath any individual relative to any hearing or investigation under this act. The subpoena may be served anywhere in the state and the service thereof shall not be limited to the county wherein the Board is located. (b) The subpoena shall have the same force and effect and shall be served in the same manner as if issued from a court of record. (c) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record. Witness fees and mileage shall be paid by the Board, or by the person who requests the hearing. (d) If any person fails to obey the subpoena, or obeys the subpoena but refuses to testify when required, the Board shall file a written report thereof and proof of service of the subpoena with the clerk of the district court in the county where the person resides or may be. Thereupon, the court shall forthwith cause the person to be brought before the court to show cause why he should not be punished the same as if he had failed or refused to obey a subpoena from or give testimony in such court.

Section 227 - Application of Act (a) The provisions of this Act shall apply to every burial association, corporation, partnership or person now engaged in the business of burial insurance or that hereafter engages in the business of burial insurance, which have not been issued a license to do business in the State by the Insurance Commissioner or the State Fraternal Board. (b) Every such burial association doing business in this state on the operative date of this Act shall within thirty (30) days thereafter comply with the provisions of this Act as a condition precedent to the continuation of doing business in this state.

Section 228 - Foreign Associations Prohibited No burial association or corporation which is organized or incorporated under the laws of another state shall be licensed to do business in this state under the provisions of this Act.

Section 229 - Rules and Regulations The Board may make and promulgate written rules and regulations reasonable, necessary and incidental to the enforcement and administration of the provisions of this act.

Section 230 - Operative Date - Application of Act to Associations Issuing Individual Certificates Only - Bond The operative date of this Act shall be June 1, 1953. Provided that the provisions of this Act shall not apply to an association which has been issuing the individual certificate, and individual certificate only, prior to January 1, 1943, and which organization was organized pursuant to the provisions of Section 10453, Oklahoma Statutes, 1931, and any such association now operating, which is nonprofit-sharing in its operation and pays no fees or salaries to any of their officers and have no capital stock and provides a burial out-fit and burial, the total value of which shall not exceed Two Hundred Dollars ($200.00) to those entitled thereto under the said certificate, and which associations do not make an assessment against their members until and unless the fund on hand derived from membership fees or assessments in the treasury of said association would only pay for the burial of six adults entitled to a burial by said association, shall be exempt from the operations and effect of the Insurance Laws of the State of Oklahoma, and shall not be required to comply with the Insurance laws of said state; provided that the money collected by such association or associations shall be held as a trust fund for the benefit of the beneficiaries and that at least seventy-five percent (75%) of the membership fees collected from the memberships shall be accounted for and paid into this fund, and that all of any future assessments or memberships shall be paid into this fund.

That the treasurer of said association be required to file with the court clerk of the county in which the association is organized a surety bond running in the name of "The State of Oklahoma;" said bond to be approved by the court clerk of said county, and to be conditioned that the funds of the association will be held and applied as a trust fund to be paid out only in accordance with the purposes of the association, which bond shall at all times equal the amount of the trust fund on hand in such association, and in no event to be less than Two Thousand Dollars ($2,000.00).

Section 230.1 - Vote to Dissolve the Association - Dissolution A. At a meeting of the burial association held in accordance with the bylaws of such association, the burial association may vote to dissolve the association.

B. Upon the affirmative order of the burial association, the burial association shall be deemed dissolved. The board of directors of the burial association shall file notice of such dissolution with the Secretary of State.

C. All debts, liabilities and obligations of the association shall be paid and discharged upon the dissolution of the burial association. The association shall issue a certificate of guarantee for the full amount of the policy to each beneficiary. The certificate of guarantee may be redeemed for goods and services only at the time the death of the beneficiary occurs and shall not be redeemed for cash.

D. Upon filing with the Secretary of State of notice of dissolution, the association shall cease to carry on its business except insofar as may be necessary for the winding up thereof.

E. Each member of the burial association shall be notified of the dissolution of the association.

F. The Oklahoma State Board of Embalmers and Funeral Directors shall be provided notice within ten (10) days of the dissolution of any association. A list of all members who have been provided certificates of guarantee shall be provided to the Oklahoma State Board of Embalmers and Funeral Directors and will be maintained in the records of the Oklahoma State Board of Embalmers and Funeral Directors.

G. Upon request of notice of dissolution and compliance with the provisions of this section, the Secretary of State shall issue a certificate of dissolution for the association.

Section 230.2 - Dissolving Unincorporated Burial Association A. At a meeting of an unincorporated burial association, pursuant to such procedural rules or practices as have been observed or adopted by the association, the members may vote to dissolve the association.

B. If the vote to dissolve is affirmative, the officers of the association shall, within ten (10) days of the action, notify all members of the association and shall provide the Oklahoma State Board of Embalmers and Funeral Directors notice of the action taken. Within thirty (30) days, the officers shall furnish to the Board a list of the names and last-known addresses of the beneficiaries.

C. Upon discharging all debts, liabilities, and obligations of the association, the officers shall so notify the Board, whereupon the association shall cease to exist.

Section 231 - Violations and Penalty Any corporation, association, or director, trustee, officer, employee, agent or representative thereof, or any other person, who willfully violates any provisions of this act shall be guilty of a misdemeanor and shall be subject to a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) for each offense.

Chapter 5 - Cemetery Merchandise Trust Act Section 7121 - Short Title Sections 301 through 316 of this title, as recodified by this act, shall be known and may be cited as the "Cemetery Merchandise Trust Act".

Section 7122 - Definitions As used in the Cemetery Merchandise Trust Act:

1. "Cemetery merchandise" means markers, memorials, vases, memorial vases, monuments, equipment, crypts, niches or outer enclosures. Cemetery merchandise shall not include the sale of lands or interests therein as grave lots or grave spaces; burial or interment rights; and delivered or installed crypts, niches or outer enclosures; 2. "Purchase price" means the gross amount to be paid for cemetery merchandise under the provisions of a prepaid cemetery merchandise contract. Purchase price shall not include finance charges, sales tax, charges for real property interests or charges for credit life insurance; 3. "Prepaid cemetery merchandise contract" means any agreement for the sale of cemetery merchandise by an organization which requires payment of the purchase price, in whole or in part, prior to delivery of the cemetery merchandise, which agreement is entered into from and after November 1, 1989; 4. "Minimum funding requirement" means that portion of the purchase price equal to one hundred ten percent (110%) of the wholesale cost, plus delivery charges, of the cemetery merchandise covered in a prepaid cemetery merchandise contract; 5. "Organization" means any individual, firm, partnership, trust, corporation, association or entity.

Organization shall not include state, county, municipal, township, rural community, religious, fraternal or nonprofit entities, free community burial grounds, county cemetery associations, Indian tribal cemeteries on tribal land and charitable or eleemosynary institutions operating cemeteries in this state; 6. "Outer enclosure" means a grave liner, grave box, or grave vault; 7. "Lawn crypt" means a subsurface permanent outer enclosure installed before need in multiple units for the purpose of interring human remains; 8. "Financial institution" means a federally insured bank, trust company, or savings and loan association which is authorized to do business in this state; 9. "Commissioner" or "Insurance Commissioner" means the Insurance Commissioner of the State of Oklahoma; and 10. "Wholesale cost" means an amount determined on the basis of such standard quotations and price lists as are published by the vendor of the cemetery merchandise, without regard to any discounts that may be available to the organization.

Section 7123 - Permit A. Any organization which shall accept money or anything of value for cemetery merchandise pursuant to a prepaid cemetery merchandise contract shall first obtain a permit from the Insurance Commissioner authorizing the transaction of this type of business before entering into the contract. It shall be unlawful to sell any prepaid cemetery merchandise unless the organization holds a valid,

current permit at the time the contract is made. The organization shall not be entitled to enforce a contract made in violation of the Cemetery Merchandise Trust Act, but the purchaser, or the heirs or legal representative of the purchaser, shall be entitled to recover triple the amounts paid to the organization with interest thereon at the rate of six percent (6%) per annum under any contract made in violation of this act.

B. An organization with any prepaid cemetery merchandise contracts subject to the provisions of the Cemetery Merchandise Trust Act shall apply for, and obtain, approval of the Commissioner before transferring or conveying in any manner the cemetery, its obligations or both the cemetery and its obligations under the prepaid cemetery merchandise contracts. The application shall be accompanied by a fee equal to that required under Section 305 of this title and shall include such information as the Commissioner may prescribe. The Commissioner shall not approve any such transfer or conveyance until the applicant has provided sufficient evidence that a cemetery merchandise trust fund equal to the minimum funding requirement is maintained pursuant to Section 306 of this title or the applicant has obtained a surety bond pursuant to the provisions of Section 307 of this title.

Section 7124 - Administration of Act - Administative Appeals - Sale, in Advance of Actual Need, of Services of Opening or Closing Burial Space A. The Cemetery Merchandise Trust Act, Sections 301 through 316 of this title, shall be administered by the Insurance Commissioner. The Commissioner is authorized to promulgate reasonable rules concerning the keeping and inspection of records, the filing of contracts and reports, investments of and handling of the trust funds, and all other matters concerning the orderly administration and implementation of the Cemetery Merchandise Trust Act. All prepaid cemetery merchandise contracts shall be in writing, and no contract form created after the effective date of this act shall be used without first being submitted to, and approved by, the Commissioner.

B. An organization aggrieved by an action or order of the Commissioner may appeal the action or order to the Oklahoma Insurance Department in accordance with Article II of the Administrative Procedures Act. C. The provisions of the Cemetery Merchandise Trust Act shall not be applicable to any organization that has obtained a permit pursuant to Section 6121 of Title 36 of the Oklahoma Statutes if the organization is in compliance with the provisions of Sections 6121 through 6136.18 of Title 36 of the Oklahoma Statutes with respect to items that are considered cemetery merchandise pursuant to the Cemetery Merchandise Trust Act. D. Unless sold pursuant to a permit issued under Section 6121 of Title 36 of the Oklahoma Statutes, no organization in Oklahoma may sell, in advance of actual need, the services of opening or closing a burial space, as defined in Section 162 of this title, unless the organization deposits in trust no less than sixty-five percent (65%) of the principal amount of the services sold, or maintains a surety bond for the full principal amount of the services sold. Any contracts for services sold before July 1, 2010, remain enforceable by the purchaser against the seller.

Section 7125 - Permit Application

A. Each organization desiring to accept money or anything of value for prepaid cemetery merchandise shall file an application for a permit with the Insurance Commissioner, and shall at the time of filing the application pay one initial filing fee of Two Hundred Dollars ($200.00). The Commissioner shall issue a permit upon the receipt of the application and payment of the filing fee, and upon making a finding that the applicant has complied with the rules as may be established pursuant to the Cemetery Merchandise Trust Act by the Commissioner. All applications shall be signed by the organization requesting the permit, and shall contain a statement that the applicant will comply with all the requirements as established pursuant to the Cemetery Merchandise Trust Act. All permits shall expire on the 15th day of March of the year following the year the permit is first issued, unless renewed. Permits shall be renewed for a period not to exceed the succeeding March 15 upon the payment of a renewal fee of Two Hundred Dollars ($200.00). Late application for renewal of a permit shall require a fee of double the renewal fee. No application for renewal of a permit shall be accepted after March 15 of each year. Late applicants shall be required to reapply as if they were a new applicant, and pay an application fee equal to an amount that is double the renewal fee in addition to any fines that may have been imposed with respect to an expired permit.

B. The Commissioner may cancel a permit or refuse to issue a permit or refuse to issue a renewal of a permit for failure to comply with any provisions of the Cemetery Merchandise Trust Act or any rules promulgated thereto by the Commissioner, after reasonable notice to the permittee and opportunity for hearing before the Commissioner in accordance with Article II of the Administrative Procedures Act. C. No organization shall be entitled to a new permit after cancellation, or refusal by the Commissioner to renew a permit, but shall thereafter be issued a new permit upon satisfactory proof of compliance with the Cemetery Merchandise Trust Act. D. Any person or organization aggrieved by the actions of the Commissioner may appeal therefrom to the Oklahoma Insurance Department as provided by the Administrative Procedures Act. Section 7126 - Cemetery Merchandise Trust Fund Establishment and Maintenance A. Each organization shall establish and maintain a cemetery merchandise trust fund with a financial institution having trust powers. A cemetery merchandise trust fund shall at all times be in the custody of a financial institution. Any cemetery merchandise trust funds may be invested, reinvested, exchanged, retained, sold and managed as a part of common trust funds in the manner required by and subject to the Insurance Commissioner and at the election of the trustee. A copy of each contract or a written notice containing all relevant information regarding the prepaid cemetery merchandise contracts for which deposits are made shall be furnished to the financial institution. The financial institution shall serve as trustee for the purposes of the Cemetery Merchandise Trust Act. B. Deposits to a cemetery merchandise trust fund shall be carried in the name of the organization and the amounts deposited therein may be commingled. Provided, however, the accounting records shall establish a separate account for each prepaid cemetery merchandise contract and shall show the amounts deposited, and the income or loss accruing thereon, with respect to each prepaid cemetery merchandise contract. The trustee shall reimburse the organization for all income taxes and costs incurred with respect to the operation of the fund, and the trustee shall be reimbursed from the

earnings of the fund for all reasonable costs incurred in serving as trustee, including a reasonable fee for its services. The taxes and costs shall be paid from earnings for the fund prior to the allocation of earnings to the individual accounts.

C. An organization entering into a prepaid cemetery merchandise contract shall be entitled to retain all of the purchase price under the prepaid cemetery merchandise contract until it has received an amount equal to thirty-five percent (35%) of the purchase price of the cemetery merchandise sold in a prepaid cemetery merchandise contract.

D. After an organization has received the amount it is entitled to receive, in accordance with subsection C of this section, all payments of the purchase price to the organization pursuant to a prepaid cemetery merchandise contract shall be deposited by the organization in a cemetery merchandise trust fund until such time as the requirements of subsection E of this section have been satisfied or delivery is made of the cemetery merchandise, or until an amount satisfying the minimum funding requirement has been deposited. Thereafter, all payments of the purchase price in excess of the minimum funding requirement may be retained by the organization. Deposits shall be made within ten (10) business days after the end of the month in which such deposits are received by the organization.

E. Annually, as of December 31 of each year, each organization shall determine the wholesale cost for all cemetery merchandise covered by a prepaid cemetery merchandise contract for which funds are then held in a cemetery merchandise trust or in an individual merchandise account. If the amount held with respect to a prepaid cemetery merchandise contract exceeds the minimum funding required, the excess shall be paid by the trustee of the cemetery merchandise trust to the organization. In such event, no further deposit shall be required with respect to the prepaid cemetery merchandise contract until such time as the amount held no longer exceeds the minimum funding requirement. If the minimum funding requirement is not satisfied, no amount shall be paid to or withdrawn by the organization and the organization shall continue or shall resume, as the case may be, making the deposits required by subsection D of this section.

F. No part of the monies required to be held in a cemetery merchandise trust fund pursuant to the provisions of the Cemetery Merchandise Trust Act shall ever be used for any other purpose other than investment as authorized by this section until delivery of the cemetery merchandise is made.

G. Delivery of cemetery merchandise for the purposes of this subsection may be accomplished in one of the following ways: 1. Actual and physical delivery of the cemetery merchandise to the purchaser; 2. Physical attachment of the cemetery merchandise to realty or cemetery space owned by the purchaser; 3. Certification by an approved manufacturer to the purchaser that the organization has paid the wholesale price of the cemetery merchandise and that the cemetery merchandise shall be delivered upon request of the purchaser;

4. Written notification to the purchaser by the organization that the cemetery merchandise is in the possession of the organization and may be removed by the purchaser upon full payment for the cemetery merchandise; and 5. When construction or permanent installation of the cemetery merchandise has been completed, with respect to cemetery merchandise which is affixed to realty.

H. Upon delivery of the cemetery merchandise pursuant to a prepaid cemetery merchandise trust contract, the organization shall present the trustee with a verified statement that delivery has been made, and upon the presentation, the trustee shall pay to the organization the amount of any funds held in trust with respect to the cemetery merchandise delivered and no further deposits shall be made with respect to the cemetery merchandise.

I. Should the buyer move to a community in which the cemetery does not accept transfers of outer enclosures from the cemetery which the buyer has entered into a cemetery merchandise contract, the selling organization will refund sixty-five percent (65%) of the retail price plus interest equal to the annual interest computed from the date that the contract was paid in full based on the passbook interest rate of the financial institution at the time that the refund is requested.

Section 7127 - Surety Bond A. As an alternative to the trust requirements of Section 306 of this title, an organization may purchase a surety bond in an amount not less than the minimum funding requirement.

B. The surety bond shall be made payable to the State of Oklahoma for the benefit of the Insurance Commissioner and all purchasers of prepaid cemetery merchandise. The bond shall be approved by the Commissioner.

C. The Commissioner may establish by rule the requirements and guidelines for the surety bonds required pursuant to this section.

D. A surety bond maintained under the provisions of this section or Section 304 of this title may be cancelled or terminated by the surety only by providing notice to the Commissioner, no later than ninety (90) days before the effective date of the cancellation or termination. Notwithstanding the cancellation, termination, or expiration of a bond maintained under this section or Section 304 of this title, the surety shall remain liable for obligations arising during the term of the bond and prior to the termination, cancellation or expiration.

Section 7128 - Annual Report Filing Each organization shall file an annual report with the Insurance Commissioner on or before March 15 of each year in a form as the Commissioner may require, showing the name of the financial institution holding the cemetery merchandise trust fund and the amount of the trust fund under each contract on the preceding December 31, and also showing the method of determination of the wholesale costs made pursuant to Section 306 of this title. The total required deposits to the cemetery merchandise trust fund during the year shall also be reported. Each cemetery is responsible

for maintaining satisfactory books and records, which will adequately justify all information contained in the annual report required by this section. Any organization which has discontinued the sale of prepaid cemetery merchandise, but which still has funds deposited in a cemetery merchandise trust fund or surety, shall not be required to obtain a renewal of its permit, but it shall continue to make annual reports to the Commissioner until all the funds have been disbursed pursuant to the Cemetery Merchandise Trust Act. A filing fee of Two Hundred Dollars ($200.00) shall accompany each report. If any officer of any organization fails or refuses to file an annual report, or fails or refuses to cause it to be filed within thirty (30) days after the organization has been notified by the Commissioner that the report is due and has not been received, the officer shall be guilty of a misdemeanor and shall be punished as prescribed in Section 315 of this title.

Section 7129 - Examination by Insurance Commissioner The Insurance Commissioner may examine each organization so as to approve the determination by the organization of the wholesale costs made pursuant to Section 306 of this title. The examination shall be conducted pursuant to Sections 309.1 through 309.7 of Title 36 of the Oklahoma Statutes and the cost of the examination shall be paid by the cemetery owner. The cost of the examination shall be billed directly to the cemetery owner by the examiner.

Section 7130 - Improperly Withdrawn Trust Funds - Redeposit In the event the Insurance Commissioner determines that monies have been improperly paid by the trustee to the organization during the period covered by the examination, the Commissioner shall order the organization to redeposit to the trust the monies improperly withdrawn within sixty (60) days.

Section 7131 - Insurance Commissioners Actions for Violations A. The Insurance Commissioner, may, after notice and an opportunity for hearing, initiate an action to recover payments required to be redeposited to the cemetery merchandise trust pursuant to the Cemetery Merchandise Trust Act or to recover other monies received or disbursed in violation of the Cemetery Merchandise Trust Act. B. The Commissioner may, after an opportunity for hearing, censure a permittee or may suspend or revoke a permit for violation of any provision of the Cemetery Merchandise Trust Act. In addition to, or in lieu of, any censure, suspension or revocation, a permittee may be subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) per occurrence or violation.

Section 7132 - Certain Funds Protected In the absence of fraud, all funds held in a cemetery merchandise contract shall not be subject to attachment, garnishment or other legal process, or be seized, taken, appropriated or applied to pay any debt or liability of the organization, purchaser or beneficiary, by any legal or equitable process or by operation of law.

Section 7133 - Failure to Comply with Examination Whenever any officer of any organization refuses to submit the books, records, papers and instruments of an organization to the examination and inspection of the assistants or examiners of the Insurance Commissioner, or refuses or neglects to establish or maintain a cemetery merchandise trust fund in accordance with the requirements of the Cemetery Merchandise Trust Act within ninety (90) days after a written demand to establish or maintain a cemetery merchandise trust fund is made by the Commissioner, or in any manner obstructs or interferes with the examination of its cemetery merchandise trust fund, or refuses to be examined on oath concerning any of the affairs of its cemetery merchandise trust fund, the Commissioner may make application for receivership in the manner of a domestic insurer pursuant to Sections 1901 through 1920 of Title 36 of the Oklahoma Statutes.

Section 314 - Repealed by Laws 2010, SB 2042, c. 58, ยง 25, emerg. eff. July 1, 2010 Section 7134 - Violation Any organization, or its officers or directors, which violate any provision of the Cemetery Merchandise Trust Act shall, upon conviction, be deemed guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).

Section 7135 - Transfer of Monies and New Deposits to State Insurance Commissioner Revolving Fund Upon the effective date of this act, all monies received by the State Banking Commissioner pursuant to the Cemetery Merchandise Trust Act and all monies deposited in the Cemetery Merchandise Trust Act Revolving Fund and any other monies as required by law shall be transferred to the State Treasury and deposited into the State Insurance Commissioner Revolving Fund provided for in Section 307.3 of Title 36 of the Oklahoma Statutes. Monies received after the effective date of this act pursuant to the Cemetery Merchandise Trust Act shall be deposited into the State Insurance Commissioner Revolving Fund. Monies in the fund may be expended for expenses incurred in administering and enforcing the Cemetery Merchandise Trust Act and the Perpetual Care Fund Act.

Rules and Regulations

of the Oklahoma Funeral Board Effective June 25.,2009 The official copy of the permanent rules of the Oklahoma Funeral Board are on file with the Office of Administrative Rules of the Oklahoma Secretary of State and may be found at OAe Title 235. Other publications such as this one are unofficial. The agency has made every attempt to verify the accuracy of the text of this document. However, in the case of any disparity of text, the official copy will prevail.

235:1-1-1. Purpose

The rules of this Chapter have been adopted to comply with the provisions of the

Administrative Procedures Act. They concern and control the organization, powers,

duties, operations, and procedures of the Board with respect to its administration,

rulemaking, individual proceedings, and other activities.

235:1-1-2. Executive Director of the Board (a) Administrative officer. The Executive Director is the administrative officer for the Board. The Executive Director shall perform a" delegated statutory duties as we" as other duties as the Board may assign .The Executive Director shall supervise a" employees of the Board. The Executive Director mayemploy, diSCipline, or discharge any Board Employee. The Executive Director may delegate, subject to the Executive Director's supervision and responsibility, such administrative duties, as the Director deems appropriate, to subordinate employees. The Executive Director shall be responsible to the Board for maintaining Board records. (b) Administrative decisions. The Executive Director shall render necessary administrative decisions for the Board during such time the Board is not in session.

(1) The administrative decisions must be consistent with Oklahoma

Statutes and Board Rules.

(2) Parties affected by the administrative decision may appeal to the Board by requesting placement on the agenda for the next regular or special meeting except that an administrative decision denying permission to write the State Board examination for lack of documented proof of required educational credits shall not be appealable to the Board.

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(3) Such administrative decisions shall have the full force and authority of a

Board decision until reversed or modified by the Board in open meeting.

(c) Schedule of meetings. The Executive Director shall schedule all Board meetings, file notices of Board meeting as required by the Oklahoma Open Meeting Law., and prepare an agenda for each Board meeting to be posted at the Board office in advance of the meeting, and provided to each Board member. All applications or other items requiring Board action must be received and date-stamped by Board staff at least seven (7) calendar days prior to a Board meeting to be considered at that meeting. Anyone may request the Board consider an item received after this time by requesting in writing to appear before the Board. Nothing in this section shall prohibit the Board from taking any action allowed by law on its own motion.

235:10-1-1. Purpose The mission of the Oklahoma Funeral Board is to act in the public interest, for The public protection and advancement of the funeral profession within the powers vested in the Board by the State of Oklahoma.

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.

"Board" means the Oklahoma Funeral Board.

"Casket" means 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.

"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.

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"Cremation" means the technical process, using heat, that reduces dead human remains to bone fragments. The reduction takes place through heat and evaporation. The cremation process shall include, but not be limited to, the processing and pulverization of the bone fragments.

"Cremation Chamber" means the enclosed space contained within a machine that has been duly manufactured for the sole purpose of cremating dead human remains within which the cremation is performed.

"Cremation Container" means a casket or other container designed to transport a deceased human body and for placement in a cremation chamber during cremation.

"Direct disposition" means the disposal of dead human remains without ritual, ceremony, or other procedures normally included in a funeral service. Direct disposition mayor 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路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 as outlined in these rules.

(A) Any individual who holds himself out to the public in any manner whatsoever that he is a funeral director shall be licensed by this Board.

(B) Any individual who uses in conjunction with his name or business any of the words "undertaker", "mortician", "funeral home", "funeral parlor", "funeral chapel", "funeral consultant", or other title implying that he is in the business of funeral directing herein shall be licensed by this Board.

"Funeral Director in Charge路 FDIC" an individual licensed as a funeral director designated by a funeral service establishment, commercial embalming establishment, or crematory 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.

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"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.

(A) Funeral service merchandise includes any items of service or merchandise offered by the funeral service establishment as required to be listed on the General Price List mandated by the Federal Trade Commission with the exception of outer burial containers.

(B) Funeral service merchandise excludes the sale by an organization of cemetery land or interests thereir, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches or outer burial containers.

"Human remains" means the body of a dead human being, deprived of life, but not yet entirely diSintegrated.

"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, or to operate a crematory.

"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 Board.

"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.

"Personal supervision" means the physical presence of a licensed funeral Director or embalmer at the specified time and place of the providing of acts funeral service, practice of embalming, or practice of funeral directing.

"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.

4

"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.

"Temporary Container" means a receptacle composed of cardboard, plastic or similar material designed to temporarily store cremated remains until the remains are placed in an urn or other permanent container.

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 service. (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 agency 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.

235:10-3-1. Qualifications for licensing individuals To be licensed in Oklahoma as a funeral director, embalmer, or both, an individual

5

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 Board may refuse to issue a license to an individual convicted of any felony, or a misdemeanor related to funeral service licensing act, the prepaid funeral benefits act, funeral services, or pertaining to the custody, care, or disposal of dead human remains, unfair trade practices, or fraud.

(4) Repealed 06-25-09 (5) The individual must be 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 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) Individuals who have earned a bachelor degree in funeral service from a

regionally accredited institution and American Board of Funeral Service

Education accredited mortuary program shall been deemed to have met the

educational requirements set for in sections (A) and (B).

(8) The individual shall have successfully passed the National Board Examination of the International Conference of Funeral Service Examining Boards with an average grade of seventy five percent (75%) or better on the Arts section for applicants for a funeral director license, and applicants for an embalmers

6

license shall have earned an average of seventy five percent (75%) or better on the Science section.

(9) The individual shall have successfully passed the 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 the Prepaid Funeral Benefits Act, and the Rules of the Board. 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 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.

(10) The applicant must have paid any and all fees due and payable prior to

licensing.

(11) The individual must have served and completed an embalmer and/or funeral director apprenticeship(s) in the State of Oklahoma or has completed an apprenticeship the Board determines to be substantially equivalent to that required by Oklahoma.

(12) 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, a limited liability partnership, a limited partnership, a limited liability company, or a subsidiary of a corporation, a part~ership, a limited liability partnership, a limited partnership, or a limited liability company, 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 an 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. Any establishment which has been issued an establishment license under a rule of the Board having different requirements

7

than this sub-section for a fixed place will be permitted to continue to be licensed under the rules pursuant to which the establishment was initially licensed, except as provided under sub-section (15).

(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) Statutes 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, 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.

(vii) Embalmer's log. Each funeral establishment or commercial embalming service

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shall maintain in the preparation room of that establishment, or within a reasonable proximity of the preparation room, a log book. The log book shall list the name of each human remains received at this location including the date and time the remains were received, the care or preparation of the remains (Le., bathe, disinfect, refrigerate, or embalm), the date and time that the embalming occurred, the disposition of the remains, and the name, signature, and license number of the embalmer(s) and apprentice(s). If the remains were prepared at another location, that location shall be listed in lieu of the name and signature of the embalmer(s) and apprentice(s). The log book must be available at all times for inspection by the Board.

(B) Exceptions. A funeral establishment operated in conjunction with another Licensed funeral establishment, with same 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 a means for the public to make 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, or five quarter panel or end cut display units provided by a commercial casket manufacturer. Any establishment which has been issued an establishment license under a rule of the Board having different requirements than this sub-section for the number of caskets in inventory will be permitted to continue to be licensed under the rules pursuant to which the establishment was initially licensed, except as provided under sub-section (15).

(C) Equipment. The selection room shall have no excess equipment stored,

other than equipment necessary for the proper display of funeral service merchandise.

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(0) 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 Oirector-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 Oirector-in- Charge of the establishment.

(C) No licensed funeral director may serve as the Funeral Oirector-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 Oirector-in-Charge of more than one (1) funeral service establishment but in no event may any such licensed funeral director be the Funeral Oirector-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.

(0) The funeral director-in-charge shall reside and maintain a permanent residence within 60 miles of the funeral establishment, commercial embalming establishment, or crematory.

(10) Licensed embalmer. Each establishment must either employ a licensed embalmer full-time or have an embalmer available to embalm dead human remains within six (6) hours after the establishment has assumed custody of the body. The embalmer shall be listed on the establishment application, renewal form, and in the Embalmer's Log Book.

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(11 )

Transferability. 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 in writing and within ten days of change of ownership, change of Funeral Director-in-Charge, 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, change of Funeral Director-in-Charge a new establishment license application must be submitted with fee.

(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 for the year issued.

(14) Inspection. Every funeral service establishment, commercial embalming establishment, or crematory, 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.

(16) Application. Any person or entity who desires to operate a funeral service establishment, commercial embalming establishment, or crematory must submit an application for an original license, or if appropriate, an application for a renewal license on forms provided by the Board.

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(A) Each application for an original license shall include, at a minimum, the following: (i) The current and previous name, if any, for a funeral service establishment, commercial embalming establishment, or crematory; (ii) The address of the physical location and telephone number of the funeral service establishment, commercial embalming establishment, or crematory; (iii) The name and license number of the Funeral Director in Charge; (iv) The name of the current owner and, if applicable, all previous owners for the past sixty (60) months of the funeral establishment, commercial embalming establishment, or crematory; (v) Whether the funeral service establishment, commercial embalming establishment, or crematory is a sole proprietorship, corporation, partnership, a limited liability partnership, limited partnership, a limited liability company, or a subsidiary of a corporation, a partnership, limited liability partnership, limited partnership, a limited liability company, or other business entity; (vi) The name and address of each person owning five (5) percent or more of the funeral service establishment, commercial embalming establishment, or crematory, or corporation common stock, or of the equity capital or membership interest of a limited liability company, a partnership, a limited liability partnership, a limited partnership, or sole proprietorship; (vii) If a corporation, partnership, limited liability partnership, limited partnership, or limited liability company; (I) The state and date of incorporation or formation; (II) The name and address of the registered agent or agent appointed to receive service of process; (III) The name, address, and title of each officer, director, general partner, or member and (IV) A copy of the certificate of incorporation, articles of organization, or certificate or agreement of formation, and any other document filed with the Oklahoma Secretary of State, which allows the entity to do business in Oklahoma.

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(viii)

Whether the applicant, or any individual required to be disclosed under this section, has ever been convicted of, or entered a plea of guilty or no contest, to a felony, or to a misdemeanor related to funeral services, including the: (I) Felony or misdemeanor charged; (II) Date of conviction or plea; (III) Court having jurisdiction over the felony or misdemeanor; (IV) Probation officer's name, address, and telephone number, if applicable.

(ix)

(x)

Whether the applicant, or any individual required to be disclosed under this section, has received any adverse ruling from any court of competent jurisdiction or any administrative tribunal involving honesty, fraud, misrepresentation, breach of fiduciary duty, gross negligence, or incompetence reasonably related to funeral services, including the case number and the court or administrative body in which it was filed.

Whether the applicant, or any individual required to be disclosed under this section, has ever had an application for a license, registration, certificate, or endorsement denied or rejected by any state licensing authority, including the:

(I) Reason for the suspension or revocation; (II) Date of the denial or rejection; and (III) Name and address of the state licensing authority that denied or rejected the application. (xi) Whether the applicant, or any individual required to be disclosed under this section, has ever had a license, registration, certificate, or endorsement suspended or revoked by any state funeral licensing authority, including the: (I) Reason for the suspension or revocation; (II) Date of the suspension or revocation; and (III) Name and address of the state licensing authority that

13

suspended or revoked the license. (xii)

Whether the applicant, or any individual required to be disclosed under this section, has ever surrendered a license, registration, certificate, qr endorsement to the Board or any state funeral licensing authority.

(B) Renewal applications shall include any changes in the above information from the original application or the previous renewal application.

(17) Renewal license. Once issued, all original funeral service establishments, commercial embalming establishments, and crematories shall expire on December 31 of the year of issue. Thereafter, except as provided in 235: 10-3-2(11) said establishment may make application for renewal of the existing original license. The renewal application shall contain information as deemed appropriate by the Board.

(18) Grounds for refusal. The board may refuse to issue an original license or renew a license: (A) For any felony conviction, or a misdemeanor conviction related to funeral service, by any individual required to be disclosed under this sub-section, may be grounds to deny the application.

(B) For any answer in the affirmative to 235: 10-3-2 (16)(A)(viii,ix,x,xi,xii), by any individual required to be disclosed in this sub-section.

(C) If the Board finds the application contains false or misleading information.

(D) If the Application is incomplete or improperly completed.

(E) Failure to pay the license application fee.

(F) Failure to comply with all other rules as prescribed in Section 235.

235:10-3-3. Licensing commercial embalming establishments

Commercial embalming establishments shall meet all requirements for a full service establishment, except that: (1) Requirements. A commercial embalming establishment shall have a preparation room or embalming room meeting the 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) Services limited to licensed funeral establishments. A commercial 14

embalming establishment may provide its services only to licensed funeral establishments anywhere in the United States, or in any foreign country which licenses funeral service establishments.

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)The Board may refuse registration to an individual who has been convicted of a felony, or a misdemeanor related to funeral services or pertaining to the custody, care or disposal of dead human remains, or unfair trade practices, or fraud.

(B)Failure to reveal such conviction at the time of application will result in termination of registration 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 a 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.

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(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. Apprentices must properly file twelve (12) monthly reports in the format prescribed by the Board documenting their employment and completion of embalming and funeral directing experiences.

(A) Due date. 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 or electronic date stamp 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 monthly reports, unless an exception has been granted in writing by the Board.

(4) Renewal. Subject to other provisions of this Subsection, an apprentice registration is valid only for 12 months. Apprenticeship registration may be renewed up to four times if such application is accompanied with an official transcript showing 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.

(5) Supervision. No apprentice shall perform the practice of embalming or the practice of funeral directing unless the apprentice is doing so under the personal supervision of a licensed embalmer or funeral director.

(6) Assistance. An apprentice shall, under personal supervision, assist in the embalming of at least twenty-five (25) human remains and assist in the direction of at least twenty-five (25) funerals. (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 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.

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235: 10-5-1. License and other Board fees (a) The following shall be the fees charged for the licenses, registrations and

examinations required by the Funeral Services Licensing Act:

(1) Funeral Director License or Renewal- $75.00 (2) Embalmer License or Renewal - $75.00 (3) Registration or Extension of Funeral Director/Embalmer Apprentice - $150.00 (4) Oklahoma Law Examination - $100.00 (5) State Board Arts Examination - $100.00 (6) State Board Science Examination - $100.00 (7) Funeral Establishment License or Renewal- $250.00 (8) Commercial Embalming Establishment License or Renewal - $250.00 (9) Reciprocal License for Funeral Director or Embalmer - $150.00 (10) Change of Funeral Director in Charge - $500.00 anytime during the year (11) Crematory License Renewal- $250.00 (12) Original Funeral Establishment License Fee - $750.00 (13) Original Commercial Embalming Establishment Fee - $750.00 (14) Original Crematory License Fee - $750.00 (15) Change Establishment or Crematory Name - $250.00 anytime during the year. (b)

Administrative service fees. Fees for service exceeding normal maintenance of Board records shall be as determined by the Board in open meeting. No such service fee may exceed the amount of $200.00.

(1) Mailing list of establishments - $15.00 (2) Mailing list of individual licensees - $15.00 (3) Duplicate licenses - $15.00 per license (4) Photocopies - per page - $ .25

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(5)

Postage/shipping - net cost

(c) Renewal fees. All renewal license fees shall be due and payable on December 31 for the following calendar year. (d) Double fee. All renewal license fees, if not paid by December 31 for the following calendar year, the license shall expire and the fee doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically. No practice of funeral directing or embalming will be permitted on an expired or terminated license. (e) Non-refundable. No fees paid to the Board shall be refundable.

(f) Initial fee. The initial funeral director and/or embalmer license fee shall become due and payable with the application for licensure. If the initial license is issued to the licensee after July 1 of each calendar year, the applicant shall be required to pay one-half (50%) of the current initial license fee. (g) Examination fee. Examination fees- are due and must be paid prior to the examination. (h) Returned check. Any fee paid by a check which is returned to the Board from the bank shall then be paid by money order, Cashier's check, or cash within ten (10) days after the check has been returned from the bank, plus a "returned check processing fee" of $20.00.

235:10-5-2. Military service exemption from payment of renewal fees. (a) Entering Service. Any individual licensee of the Board who enters an initial period of military service, whether by enlistment, by being drafted, or by being a member of a National Guard Unit or a Military Reserve Unit which is called to active duty by the Federal Government, shall be excused from paying renewal fees during the initial period of military service, and his license shall remain in full force and effect. (b) Release from service. When the individual is released'from such initial period of military service, he shall immediately notify the Board, and shall pay the renewal fee required for the year in which the release from active duty occurs. (c) Renewal fees. When any individual voluntarily enters a second period of military

service, he must immediately notify the Board, and he shall be responsible for the

payment of all renewal fees due and payable after entering the second period of

military service.

(d) Federal service required. This exemption from payment of renewal fees shall not

apply to any individual enlisting in a National Guard Unit, or any Military Reserve

18

Unit and unless the unit or the individual is required by the Federal Government to enter a period of active duty on Federal status for a period to exceed one year. (e) ROTC not applicable. The provisions of this section shall not apply to an individual participating in any ROTC program on any college or university campus.

(f) Board notification. The exemption from the payment of renewal fees shall not apply until the individual licensee has notified the Board office of his entrance into the military service set forth in this Section.

235:10-7-1. Reinstatement of licenses cancelled for non-payment (a) Fee payment. A license that has been canceled for failure to pay renewal fees may be reinstated by payment of all past dues and penalties without further examination for a period of less than three (3) years from the date of cancellation. (b) Canceled license. If a funeral director or embalmer license has been canceled for three or more years, the holder of such canceled license shall apply for and successfully pass the State Law Examination and pay a fee of $500.00. (c) Required grade. Any applicant taking the State Law Examination must make a grade of 75% or better for the license to be reinstated.

235:10-7';2. Prohibited acts

The following prohibited acts shall constitute grounds for the suspension or

revocation of any license or registration issued by the Board.

(1) Material misrepresentation. Material misrepresentation to the public offacts, requirements of Oklahoma Statutes, State Board Rules, or any rule or regulation pertaining directly to the custody, care, or disposal of dead human remains. Material misrepresentations is also construed to include a person knowingly and willfully signing a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated. A material misrepresentation also includes misrepresentation to the Board of completion of continuing education requirements when the requirements were not met.

(2) Conviction of a crime. A felony conviction or plea of guilty or nolo contendere in a felony matter, or any misdemeanor pertaining to the custody, care or disposal of dead human remains, or involving funeral service, or unfair trade practices, or fraud ..

A copy of the record of conviction, judgment and sentence certified by the clerk of court entering the conviction shall be conclusive evidence of conviction. However, anyone who has surrendered their license or has had their license suspended or revoked because of a conviction of a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, may appeal to have his or her license reinstated. In determining whether to reinstate the license of such an

19

individual, the Board may consider the length of time since the plea or conviction, education since the plea or conviction, recovery status since the plea or conviction if the underlying crime was alcohol-or drug-related, and the public safety of allowing the individual to be licensed.

(3) Price lists.

(A ) Failure to give a printed or typewritten General Price List (GPL) for retention to persons who inquire in person about the funeral goods or funeral services offered by the funeral establishment. The GPL must be presented upon beginning discussion of any of the following: the prices of funeral goods or funeral services; the overall type of funeral service or disposition; or specific funeral goods or funeral services offered by the funeral establishment.

(B) Failure to offer a printed or typewritten price list to persons who inquire in person about the offerings or prices of caskets or alternative containers, or outer burial containers before showing the caskets. 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.

(4) Statement of goods and services selected. Failure to give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The statement must list at least the following information: (A) the funeral goods and funeral services selected by that person and the prices to be paid for each of them; (B) specifically itemized cash advance items. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a statement of the actual charges shall be provided before the final bill is paid; and (C) the total cost of the goods and services.

(5) Pre-need Requirements. Failure to comply with the requirements of Oklahoma Statutes and Rules of the State Insurance Commission pertaining to pre-need funeral service arrangements.

(6) Non-licensed director. The practice of funeral directing by an individual not licensed as funeral director.

(7) Non-licensed embalming. Embalming of any de~d human remains by an individual not licensed as an embalmer. '

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(8) Non-registered apprentice. The holding out by any person that such person is an active registered apprentice when such person is not an active registered apprentice.

(9) Failure to discharge financial obligation. Failure to pay any vendor or third party obligation, within 90 days, that arises out of a Statement of Goods and Services that has been signed by the authorized person or failure to satisfy a judgment rendered by a court of proper jurisdiction, within 90 days or as ordered by the court, in favor of a vendor or third party provider as designated on the Statement of Goods and Services or in connection with goods and services provided for a specific buyer.

(10) Desecration. Damage, abuse, desecration or the unauthorized removal of tissue, bones, or organs of any human remains in the custody of a licensed funeral service establishment, commercial embalming establishment, crematory, funeral director, embalmer, or apprentice. Desecration shall not include the removal of blood, body fluids, body tissue, or other body parts in the normal course of embalming or restoration requested by authorizing agent. Desecration also includes the simultaneous cremation of more than one human dead body without express written approval of the authorizing agent, or cremating human remains without the permit requires by 63 O.S. ยง1-329.

(11) Solicitation. Solicitation of business, either personally or by an agent, from a dying individual or the relatives of a dead or individual with a terminal condition as defined by the Oklahoma Rights of the Terminally III or Persistently Unconscious Act, other than through general advertising.

(12) Used casket. Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial, cremation, or other disposition of dead human remains, without making the required disclosure to the individual making the selection.

(13) Charging for service or merchandise not cbntracted for or failing to provide the services or merchandise contracted for or making substitution for services or merchandise contracted for without the authorization of the customer.

(14) Failure to file. Failure to file a death certificate, cremation permit, disinterment permit or any other necessary permit as required by law in a timely manner.

(15) Failure to submit application for establishment license. Failure to notify the Board of a change of ownership, sale, purchase, lease, change of name, change of address, or change of funeral director in charge within ten (10) business days.

(16) Suspension or revocation. The suspension or revocation by another state of a licensee to practice funeral directing and or embalming. A certified copy of the record of suspension or revocation of the state making such a suspension or revocation shall be conclusive evidence thereof.

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(17) False or misleading advertising. The use of false or misleading advertising or advertising a name other than the name the individual or establishment is licensed as.

(18) Failure to comply with Licensing Act. Failure to comply with any applicable provisions of the Funeral Services Licensing act at the time of issuance or renewal or improper issuance or renewal of a license or registration.

(19) Child Support Statute. Failure to comply with the child support statute provisions of 43 O.S. ยง139.1 et al.

(20) Selling of bodies or body parts. No funeral establishment or any of its licensees, agents or employees shall accept, solicit, or offer to accept any payment, gratuity, commission or compensation of any kind for referring potential tissue donors to a tissue bank or tissue broker.

235: 10-9-1. Filing complaints (a) Written complaints. All complaints must be written, signed by the complainant, and submitted to the Executive Director of the Board. (b) Records. Upon receipt, each complaint submitted to the Executive Director shall be logged in a book maintained for that purpose. The logbook shall contain, in consecutive order, a record of each complainant's name and address, the name and address of the subject(s) of the complaint, and the date each complaint is received by the Board. (c) Complainant. Any person, including a Board member or a Board employee may file a complaint on matters of which he or she has direct personal knowledge.

235: 10-9-2. Investigations (a) Probable Cause Committee. After a complaint has been filed, the Probable Cause Committee (consisting of the Executive Director and one Board member designated by the Executive Director) shall determine whether the complaint falls within the Board's jurisdiction, whether an investigation is warranted, and if warranted, shall direct the investigation to be made and a summary of the complaint sent to Board members. (b) Acknowledgement. Each complaint received shall be acknowledged in writing.

This acknowledgment shall state that the complaint is being reviewed and the respondent is being given an opportunity to respond to the allegations made by the complainant.

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(c) After response. Upon receipt of a response by the respondent and, if after further investigation, it is necessary, the probable cause committee shall submit the information to the Board who will determine if there are reasonable grounds for belief that violation has occurred and make a determination if a hearing is warranted and, if warranted, shall schedule a hearing before the Board. The Probable Cause Committee may recommend to the Board informal disposition be made. The Executive Director shall properly notify the complainant and the respondent of such hearing. The Board member serving on the probable cause committee shall be recused from such hearing. If the Board determines that a hearing is not necessary, then both the respondent and the complainant shall be notified in writing that the complaint will be dismissed. (d) Jurisdiction. No investigation shall be made on any complaint concerning matters outside the jurisdiction of the Board.

235:10-9-3. Stipulation, Agreed Settlement, Consent Order, or Default (a) Stipulation, Agreed Settlement, Consent Order or Default. At the discretion of the Board, any complaint may be disposed of by a written, signed, and notarized Stipulation, Agreed Settlement, Consent Order, or Default entered into by the respondent and the Board. (b) Statement of facts. The Stipulation, Agreed Settlement, Consent Order, or Default shall contain a statement of facts agreed upon by both the respondent and the Board and the penalty to be imposed based upon the agreed to facts. (c) Not mandatory. The Stipulation, Agreed Settlement,Consent Order, or Default is not mandatory, but once agreed to by the respondent and the Board, signed and notarized, and shall become final and binding on all parties.

235:10-9-4. Legal counsel The respondent to a complaint shall be entitled to representation by legal counsel. All expenses for such legal counsel shall be paid by the respondent.

235: 10-9-5. Discussion After a complaint has been filed, all interested persons are prohibited from discussing the complaint with any member of the Board other than the Board member serving on the Probable Cause Committee or the hearing officer, if one has been designated.

235:10-9-6. Time, place, and notice of hearing (a) Hearing. The hearing on a complaint shall be held at a time and place designated by the Board or the hearing officer, if one has been appointed. (b) Notice. Notice of the time and place of the hearing shall be given the respondent

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and the complainant at least fifteen (15) days prior to the date of the scheduled

hearing.

(1) Notice contents. The notice shall be written and shall specify the cause of complaint.

(2) Date and time of hearing. The notice shall state the time, date, and place of the hearing.

235:10-9-7. Rules of evidence (a) No formal rules. Formal rules of evidence need not apply to hearing

proceedings.

(b) Rulings on admissability of evidence. The presiding officer or hearing officer may rule on the admissibility of any evidence submitted.

235:10-9-8. Presiding officer The presiding officer for a complaint hearing may be any member of the Board deSignated by the president of the Board to preside over the hearing.

235:10-9-9. Conduct of hearing (a) When hearing required. Any penalty imposed by the Board must be preceded by a hearing before the Board unless the complaint is disposed of by Agreement, Consent Order, or Statement of Default. (b) Administrative Procedures Act. All hearings shall be conducted in accordance with the Administrative Procedures Act. (c) Hearing officer. The Board may deSignate a hearing officer to conduct a hearing.

(1) Hearing officer authority. The hearing officer shall have the power and authority to conduct the hearing and shall conduct the hearing in the name of the Board.

(2) Transcript. Hearing may be transcribed upon the request of any party. All costs of such transcription shall be paid by the requesting party. (d) Quorum. A hearing conducted by the Board shall be heard by no less than three voting members. All Board members are voting members unless recused. (e) Subpoena. The Board may issue, or direct the Executive Director to subpoena witnesses and evidence deemed necessary to conduct the hearing.

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(f) Transcript. A respondent desiring a transcript of the hearing shall notify the Board In writing and bear the full cost of the transcription and copies. (g) Recuse. If a member of the Board is a party to the complaint or would have a possible financial interest in the outcome of the hearing, the member shall be recused from the proceedings. The Board member serving on the Probable Cause Committee shall be recused from the hearing. (h) Continuance. Requests for continuance of a scheduled hearing must be filed in writing with the Executive Director of the Board at least forty-eight (48) hours, holidays and weekends excepted, prior to the time of the scheduled hearing, and the Executive Director may grant the continuance only for good and valid reasons. (i) Findings; order. The Board shall make Findings of Fact and Conclusions of Law based on clear and convincing evidence at the close of a hearing, and shall enter an qrder thereon.

(1) The order shall be based upon the evidence presented at the hearing.

(2) A written notice of the order shall be given to the respondent.

(3) The notice of order shall be given upon written request to any person appearing at the hearing.

0) Record. When the hearing is held before a hearing officer, the Board may issue its order based upon the record, including the findings of fact and conclusions of law recommended by the hearing officer. After the close of a hearing conducted by a hearing officer, the Board may require additional hearings or further evidence be presented prior to the issuance of the order.

235: 10-9-1 O. Appeal of the order The respondent may appeal the Board's order to District Court, pursuant to the Administrative Procedures Act provided the appeal is filed within thirty (30) days after the issuance of the Board's Findings of Fact, Conclusions of Law, and Order.

235: 10-9-11. Penalties available to the Board (a) Board authority. The Board shall be authorized, at its discretion, to take such action as the nature of the violation requires. In addition to any penalty listed below, the Board shall have the authority to impose on any person who violates any statutory or rule provision of the Oklahoma Funeral Board the payment of costs expended by the Board in investigating and prosecuting said cause. The costs may include but are not limited to staff time, salary and travel expenses, witness fees and attorney fees, and the same shall be considered part of the order of the Board. (b) Revoke licenses. After holding a hearing, the Board may revoke any or all licenses,

25

registrations, or certificates issued by the Board. (c) Lesser penalty. After holding a hearing, the Board may impose any lesser penalty than those in (a) and (b) of this Section so long as it is reasonable. (d) Fines. After holding a hearing, in addition to, or in lieu of, the penalties set forth in (a), (b), and (c) of this Section, the Board may imposed an administrative fine not to exceed $10,000 for any related series of violations.

235:10-11-1. Minimum standards of performance (a) The following minimum standards of performance shall be required of each licensed embalmer in the State of Oklahoma in each instance in which he/she is authorized or required to embalm a dead human remains.

(1) Licensed embalmer; licensed establishment. The embalming procedure shall be performed only by licensed embalmers. Embalming shall be performed only in properly equipped and licensed funeral service establishment or commercial embalming establishments, in hospitals, or in such facilities as may be designated by the medical examiner or by the state health officials in the event of a disaster of major proportions. The embalmer may be assisted by a registered apprentice, or practicum student, or he may supervise a registered apprentice or practicum student as the registered apprentice or practicum student performs the embalming procedure.

(2) Protective devices. In order to prevent the embalmer or registered apprentice from becoming unwitting carriers of pathogenic organisms into the community, they shall be required to utilize such protective devices as required by the OSHA Bloodborne Pathogen Standards.

(3) Clothing. Clothing exposed to contamination by pathogenic organisms shall either be burned or thoroughly cleaned and disinfected before delivery to any person, or before any further utilization.

(4) Technique. The technique utilized to effect eye, mouth, and lip closure shall be any technique accepted as standard in the profession. Regardless of the technique chosen, the embalmer shall be required to achieve the best results possible under the prevailing conditions.

(5) Washing body. The entire body shall be washed with an antiseptic soap or detergent. Fingernails, hair (including mustache and beard) shall be thoroughly cleaned and made presentable, either before or immediately after arterial injection.

(6) Body orifices. Body orifices (ears, nostrils, mouth, anus, and vagina) shall be treated with appropriate topical disinfectants either before or immediately after

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arterial injection.

(7) Arterial fluid. The arterial fluid to be injected shall be one commercially prepared and marketed.

(A) Liquid, semi-solid, and gaseous contents which can be withdrawn through a trocar shall be aspirated by the use of at least 18 inches (mercury) vacuum.

(B) Concentrated, commercially prepared cavity fluid and contains preservative chemicals shall be injected and evenly distributed through the aspirated cavities.

(C) Should distention and/or purge occur after treatment, aspiration and injection as required above shall be repeated.

(8) Hypodermic injection. The embalmer shall be required to check each body thoroughly after treatment has been completed. Any area not adequately disinfected by arterial and/or cavity treatment shall be hypodermically injected with disinfectant fluid for maximum disinfection results.

(9) Incomplete arterial circulation. On bodies in which the arterial circulation is incomplete or impaired by advanced decompositions, burns, trauma, autopsy, or any other cause, the embalmer shall be required to hypodermically inject all areas which cannot be properly treated through whatever arterial circulation remains intact (if any).

(10) High risk. In the event that the procedures in of this Section leave a dead human body in a condition to constitute a high risk of infection to anyone handling the body, the embalmer shall be required to apply to the exterior surface of the body a standard embalming chemical, and to enclose the body in a zippered plastic or rubber pouch prior to burial or other disposal.

(11) State Anatomical Board requirements. Dead human bodies donated to the

State Anatomical Board and where conflicting requirements exist, those

requirements of the State Anatomical Board shall prevail.

(12) Not authorized. Nothing in this Section shall be interpreted to require embalming if the next-of-kin does not authorize embalming.

(13) Supplemental procedures. Nothing in this Section shall be interpreted to prohibit the use of supplemental or additional procedures or chemicals which are known to be accepted in the funeral service profession which are not specifically mentioned in this section.

(14) Disposal within 24 hours. Unembalmed dead human bodies shall be legally disposed of within 24 hours after death unless the body is placed in a deSignated

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body refrigeration chamber which maintains a constant temperature of 40 degrees Fahrenheit or less. The body shall remain in the refrigerated area until such time as legal disposition is to occur. Once removed from refrigeration, either embalming or disposition shall occur within eight hours of said removal. No public viewing of unembalmed bodies shall be permitted 24 hours after death has occurred. Nothing is this section shall prevent a licensed establishment from requiring a viewing for the purpose of identification at such time as the establishment deems appropriate.

Nothing in this section shall require a funeral home to purchase, install, or provide such refrigeration facilities not currently in existence and use.

(15) Highest level of disinfection. No funeral service establishment or licensed

embalmer shall take into its care any dead human body for embalming without

exerting every professional effort, and employing every possible technique or

chemical, to achieve the highest level of disinfection and protein stabilization

possible.

(16) Variations. Reasonable variations may be permitted as long as the objective sta~ed in this Section is accomplished. (b) The following minimum standards of performance shall be required of each licensed funeral director in the State of Oklahoma. The practice of funeral directing shall be construed to consist of the following functions, which may be performed only by a licensed funeral director.

(1) Selling or offering to sell funeral services on an at-need basis.

(2) Planning or arranging, on an at-need basis, the details of a funeral service with the family or friends of the decedent or any other person responsible for such service; setting the time of the service.

(3) Establishing the type of service to be rendered.

(4) Obtaining vital information for the filing of death certificates and obtaining necessary permits, provided that non-licensed personnel may assist the funeral director in performing such tasks.

(5) Making, negotiating, or completing the financial arrangements for a funeral service on an at-need basis. The requirements of this subsection shall not prohibit any of the following: (A) requiring a sales contract to be signed; (8) requiring the signing of a promissory note for the balance of funeral services and/or merchandise charges due;

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(C)

requiring the signing of a chattel mortgage on real or personal property as security for the unpaid funeral services and/or merchandise charges; or

(D) making available to the party the services of a financial institution.

(6)

Directing, being in charge or apparent charge of, or directly supervising a visitation or viewing. Such function shall not require that a licensed funeral director be physically present throughout the visitation or viewing, provided that the funeral director is readily available by telephone for consultation.

(7) Directing, being in charge or apparent charge of, or directly supervising, any funeral service held in a funeral establishment, cemetery, or elsewhere. The responsibility of the funeral director for the personal supervision of a dead human body shall end at the point when the following shall occur - when the remains or casketed remains is inaccessible to the public, to include but not limited to: (A) the lid is placed on the outside enclosure or crypt; (8) the casket is covered by earth if no outside enclosure is used; or (C) the body is released to the next-of-kin or their authorized agent (8) Directing, being in charge or apparent charge of, or supervising, directly or indirectly, any memorial service contracted for.

(9) Using in connection with one's name or employment the words or tems "funeral director," "funeral establishment," "undertaker," "mortician," or any other word, term, title, picture or combination of any of the above, that when considered in the context in which used would imply that such person is engaged in the practice of funeral directing or that such person is holding himself or herself out to the public as being engaged in the practice of funeral directing; provided, however, that nothing in this paragraph shall prevent using the name of any owner, officer, or corporate director of a funeral establishment, who is not a licensee, in connection with the name of the funeral establishment with which such individual is affiliated, so long as such individual's affiliation is properly specified. (c) The practice of funeral directing shall not be construed to consist of the following functions: (1) The phoning in or faxing of obituary notices; ordering of flowers or

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merchandise; delivery of death certificates to attending physicians; or clerical preparation of death certificates, insurance forms, and any clerical tasks that record the information compiled by the funeral director or that are incidental to any of the functions specified above.

(2) Furnishing standard printed price lists and other disclosure information to the public by telephone or by providing such lists to persons making inquiry.

235:10-13-10. Continuing education requirements (a) Beginning July 1, 2006, and each year thereafter, each applicant for renewal of a funeral director or embalmer license in Oklahoma, shall submit the renewal fee and documentation as prescribed by the Board of each continuing education course the licensee attended during the year. Every licensed funeral director, and/or licensed embalmer, shall attend obtain a minimum of six (6) contact hours during each calendar year before their annual license renewal. One (1) contact hour shall be construed as 50 minutes of learning activity. In at least one (1) hour of this continuing education, the Licensee shall be physically present at the location of the Presentation. One (1) hour of the required continuing education shall cover Ethics. (b) Each continuing education provider and course shall be approved by the: Academy of Professional Funeral Service Practice (the Academy), the funeral licensing Boards of Texas, Kansas, Arkansas, New Mexico, and Missouri, or by the Oklahoma Funeral Board based on criteria similar to those established by the Academy. The Board shall not charge duplicate fees to review provider applications or courses approved by the Academy or the funeral licensing Boards of Texas, Kansas, Arkansas, New Mexico, and Missouri. (c) A licensee may not receive credit for repeating the same course during the same calendar year. A maximum of six (6) hours may be carried over and applied to the required hours for the following year. (d) Individuals issued original or reciprocal licenses shall complete the continuing education requirements in the first full calendar year following the issuance of an original or reciprocal license. (e) Every licensee, unless exempt, shall submit satisfactory proof of completion the Board's continuing education requirements with the license renewal application on the form prescribed by the Board.

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235:10-13-11 Continuing education program approval (a) The continuing education program provider must possess professional credentials appropriate to the subjects covered in the program, and the program must contain demonstrable educational content related to the practice of funeral directing and/or the practice of embalming as determined by the Board. (b) The continuing education provider seeking Board approval shall pay a $250 fee With the completed Uniform Continuing Education Application Process Form and $50 per course submitted for Board approval. The Board may waive the fees for governmental agencies and non-profit organizations. Providers shall submit the completed application and fees for Board evaluation at least sixty (60) days prior to administering the course. (c) Contact hours are not allowed for activities such as social occasions, meals, receptions, sporting events, business meetings, sales meetings, or exhibits displayed at such activities. If a provider wishes to offer a continuing education course at such an activity, then the provider shall be required to seek Board approval for that particular course. Continuing education received for renewal of an insurance license shall not qualify as contact hours for purposes of funeral director or embalmer license renewal. (d) Approved contact hours may include programs in various formats such as: lecture, workshops, seminars, conferences, independent home study, and internet based programs. A continuing education program must fall within one or more of the following for categories of funeral service related content areas for approval: (1) Public Health and Technical including: embalming, restorative art, etc.

(2) Business Management including computer applications, marketing,

personnel management, accounting, or comparable subjects.

(3) Social Science including communications skills, both written and oral, sociological factors, counseling, grief psychology or comparable subjects.

(4) Legal, Ethical, Regulatory including: OSHA, FTC, ethical issues, legal interpretations or comparable subjects. (e) Each Approved Provider shall provide the Board with a list of programs approved by the Board or the Academy, containing both course number and approved hours, for posting on the Board's website.

235:10-13-12 Exemptions (a) Licensees exempt from payment of renewal fees under 235:10-5-2 shall be exempt from all continuing education requirements for the first full calendar year after which

31

they have completed their period of military service. (b) A licensee of Oklahoma not engaged in the practice of funeral directing or the practice of embalming within the State of Oklahoma shall be exempt from the Board's continuing education requirements. If the licensee becomes engaged in the practice of funeral directing or the practice of embalming within the State of Oklahoma, the licensee shall within the first full year of active practice meet the continuing education requirements. (c) Any licensee with a serious illness or disability shall notify the Board and request an exemption not less than thirty (30) days prior to the expiration of the license. The letter of request must include documentation from the licensee's physician to verify the illness or disability. The Board shall have the power to review the request for exemption of all or a portion of the Board's continuing education requirements on a case by case basis. (d) Licensees who will be 65 years of age or older anytime during the calendar year being renewed for are not required to meet the continuing education requirements.

This exemption shall not apply to licensees who are the Funeral Director in Charge of one or more funeral establishments.

235:10-13-13 Verification of Continuing Education (a) Each licensee shall obtain from the continuing education provider proof of attendance at the approved continuing education program which shall include: name of attendee, provider name and provider number, event number, event date, program title, and contact hours attended. The licensee shall maintain such documentation for a period of not less than two (2) years. (b) The licensee is responsible for ensuring that the contuining education program has been approved, and for providing proof of attendance to the Board, in such form as the Board shall prescribe, concerning the completion of continuing education requirements. (c) The Board or its authorized representatives may monitor, inspect, or review any approved continuing education activity, and upon evidence of significant variations in the program presented from the program approved, may disapprove any or all of the approved hours granted to the activity.

235:10-13-14 Non-compliance and sanctions The Board shall not renew a licensee's funeral director or embalmer license if the licensee has not complied with the continuing education requirements, until the required fees, late fees, and continuing education requirements are met unless waived by the Board.

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235: 10路14路1. Crematory Requirements (a)

Unembalmed human remains awaiting cremation must be placed in Refrigerated storage at 40 degrees Fahrenheit or less. All crematories will have available refrigerated storage facilities with a capacity equal to or greater than their average daily case load. If storage facilities are full, additional remains should not be accepted. Storage facilities should not be in public view.

I

(b) From receiving through storage, cremation, processing, packaging and release, proper identification must accompany the remains at all times. (c) Cremators licensed by the Funeral Board shall be used exclusively for the cremation of human remains. (d) Upon completion of the cremation, and insofar as practicable, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. If possible, the noncombustible materials or items shall be separated from the cremated remains and disposed of, in a lawful manner, by the crematory. The cremated remains shall be reduced by motorized mechanical device to granulated appearance appropriate for final disposition. (e) The cremated remains with proper identification shall be placed in a temporary container or urn, unless specific written authorization has been received from the authorizing agent which directs otherwise.

(f) If the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container attached to the first container or urn identifying such containers as belonging together. (g) The walls and floor of the cremator work area must be constructed, and of such materials, and finished in a way that they may be cleaned and disinfected. (h) The cremator area shall not have a passageway for public use. (i) Records will be maintained that contain the following: (1) Name of deceased (2) Name and address of Authorized Representative (3) Cremation number (4) Cremation date (5) Processing date

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(6) Funeral home handling cremation (7) Disposition of cremated remains U) No human remains may be cremated without first obtaining a cremation permit from the proper agency of the state where death occurred.

235:10-15'-1. Purpose- Advertising The purpose of the rules of this subchapter is to prohibit false, misleading, or deceptive practices by a person or entity subject to the rules of the Board.

235:10-15-3. False or misleading advertising No licensee shall publish or disseminate false, misleading, or deceptive advertising. An advertisement may not contain statements; (1) containing a misrepresentation of facts; (2) likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts; (3) relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons; (4) any name other than the name the establishment or individual is licensed as; (5) using the name "crematory" in conjunction with a funeral establishment or commercial embalming service when the establishment or embalming service does not hold a crematory license and the crematory is not located on-site.

END

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Title 59. Professions and Occupations Chapter 9. Funeral Services Licensing Act

§ 395.1. § 396. § 396.1. § 396.1.A. § 396.1.B. § 396.1.C. § 396.2. § 396.2a. § 396.3. § 396.3a. § 396.4. § 396.5. § 396.5a. § 396.5b. § 396.6. § 396.8. § 396.10. § 396.11. § 396.12.

§ 396.12a. § 396.12b. § 396.12c. § 396.12d. § 396.12e. § 396.12f. § 396.16. § 396.17. § 396.19. § 396.20. § 396.22. § 396.23. § 396.24. § 396.26. § 396.27.

Short title Oklahoma State Board of Embalmers and Funeral Directors – Appointment – Term – Qualifications Oath of Office Governor – May Remove Members of Board Compensation of Members of Board – Executive Secretary-Treasurer – Other Personnel Executive Secretary-Treasurer of Board – Powers and Duties – funds, Collection, Disposition and Accounting Definitions Additional Powers and Duties of Oklahoma Funeral Board Funeral Director or Embalmer – Determination of Qualifications – Requirements – Curriculum of Study – Issuance of License – Inspection Licensure Requirements Fees Charged for Licenses, Registrations, and Examinations Expiration of License – Renewal Members in Armed forces – Inactive List Continuing Education Requirement Operating Without License License – Embalmers and Funeral Directors – Reciprocity Application for License – Rules and Regulations Apprentices – Application – Certificate of Apprenticeship – Rules and Regulations Funeral Establishment – Display of Licensee’s Name – Inspection – Rules and Regulations – Revocation of License – Refusal to Issue or Renew – Grounds Licensure Required Conducting Funeral – Embalming – Dead Human Remains Grounds for Refusing to Issue or Renew, Revoke or Suspend License or Registration Penalties and Liabilities for Violations Administrative Penalties – Assessment – Surrender of License Complaints of Violations of Act – Notice – Opportunity for Hearing – Conduct of Hearing Record of Proceedings Powers of Board and Officers State or Local Institutions Suspicion of Crime – Duty of Embalmer Meetings of Board Schools for Teaching Embalming Violations of Act – Punishment Partial Invalidity Notification of Risk Exposure – Adherence to Universal Precautions

Laws through 2006 Legislative Session

§ 396.28. § 396.29. § 396.30. § 396.31. § 396.32. § 396.33.

Temporary Permits in Case of Catastrophe Cremation of Dead Body Crematory – License Required Authority on Cremation Residue of Cremated Body Cremation Without License and Permit – Penalty

Laws through 2006 Legislative Session

Title 59. Professions and Occupations

Chapter 9. Funeral Services Licensing Act

§ 395.1. Short title Sections 395.1 through 396.28 of this title, and Sections 24 through 26 of this act shall be known and may be cited as the AFuneral Services Licensing Act@. § 396. Oklahoma State Board of Embalmers and Funeral Directors - Appointment - Term - Qualifications There is hereby re-created, to continue until July 1, 2010, in accordance with the provisions of the Oklahoma Sunset Law, as provided by Section 3901 et seq. of Title 74 of the Oklahoma Statutes, the Oklahoma Funeral Board. Any reference in the statutes to the Oklahoma State Board of Embalmers and Funeral Directors shall be a reference to the Oklahoma Funeral Board. The Board shall consist of seven (7) persons, who shall be appointed by the Governor. The term of membership of each member of the Board shall be five (5) years from the expiration of the term of the member succeeded.

Any member having served as a member of the Board shall be eligible for reappointment. Provided that, a member of the Board shall serve no more than two consecutive terms and any unexpired term that a member is appointed to shall not apply to this limit. The Governor shall appoint the necessary members to the Board upon vacancies and immediately prior to the expiration of the various terms. Upon request of the Governor, appointments of a licensed embalmer and funeral director member of the Board shall be made from a list of five qualified persons submitted by the Oklahoma Funeral Directors Association. An appointment to fill a vacancy shall be for the unexpired term. A member of the Board shall serve until a successor is appointed and qualified. No person shall be a member of the Board, unless, at the time of appointment, the person is of good moral character and a resident of this state. Five of the members shall have been actively engaged in the practice of embalming and funeral directing in this state for not less than seven (7) consecutive years immediately prior to the appointment of the person, shall have an active license as provided by the Funeral Services Licensing Act, shall keep the license effective, and remain a resident of this state during the entire time the person serves on the Board. Two of the members of the Board shall be chosen from the general public, one of whom shall, if possible, be a person licensed and actively engaged in the health care field, and shall not be licensed funeral directors or embalmers or have any interest, directly or indirectly, in any funeral establishment or any business dealing in funeral services, supplies or equipment.

These two members shall be appointed to serve for five -year terms. § 396.1. Oath of Office Members of said Board, before entering upon their duties, shall take and subscribe to the oath of office provided for state officers, and the same shall be filed in the office of the Secretary of State. § 396.1A. Governor – May Remove Members of Board The Governor shall remove from membership of the Oklahoma Funeral Board, at any time, any member of the Board for continued neglect of duty required by the Funeral Services Licensing Act, conduct involving moral turpitude or any violation of the provisions of Section 396.12c of this title.

Laws through 2006 Legislative Session

Page 1 of 18

Title 59. Professions and Occupations

Chapter 9. Funeral Services Licensing Act

§ 396.1B. Compensation of Members of the Board – Executive SecretaryTreasurer – Other Personnel All of the members of the Oklahoma Funeral Board shall be reimbursed for travel expenses incident to attendance upon the business of the Board as provided in the State Travel Reimbursement Act. The Board is hereby authorized to employ an executive director at an annual salary to be set by the Board, payable monthly, and to rent and equip an office therefor in some city in the state to be selected by the Board.

The Board shall not employ any of its members for a period of three (3) years following their expiration of term of office. The executive director shall keep such books, records, and perform such other lawful duties as are required by or placed upon the executive director by the Board, and shall be entitled to receive traveling expenses while in the performance of the duties as directed and prescribed by the Board. The executive director shall not accept any employment from any funeral home or wholesale house dealing in funeral supplies or equipment while acting as the executive director. The Board shall have the right and authority to employ necessary personnel to carry out the provisions of the Funeral Services Licensing Act. The expenses of the Board shall at no time exceed the monies available to the Fund of the Oklahoma Funeral Board. § 396.1C. Executive Secretary–Treasurer of Board – Powers and Duties – Funds, Collection, Disposition and Accounting The executive director of the Board shall keep and preserve all records of the Board, issue all necessary notices to the embalmers, funeral directors and apprentices of the state, and perform such other duties as may be imposed upon the executive director by the Board. The executive director is hereby authorized and empowered to collect, in the name and on behalf of the Board, the fees prescribed in the Funeral Services Licensing Act, and all fees so collected shall at the end of each month be deposited by the executive director with the State Treasurer. The State Treasurer shall place ten percent (10%) of the money so received in the general fund of the state, and the balance in a special fund to be known as the "Fund of the Oklahoma Funeral Board". Payment from the fund shall be upon warrants drawn by the State Treasurer against claims submitted by the Board to the Director of State Finance for audit and payment. All monies so received by the fund may be used by the Board in carrying out the provisions of the Funeral Services Licensing Act. § 396.2. Definitions As used in the Funeral Services Licensing Act: 1. "Embalmer" means a person who disinfects or preserves dead human remains, entire or in part, by the use of chemical substances, fluids or gases in the remains, or by the introduction of same into the remains by vascular or hypodermic injection, or by direct application into organs or cavities; 2. "Funeral director" means a person who: a. is engaged in or conducts or represents themselves as being engaged in preparing for the burial or disposal and directing and supervising the burial or disposal of dead human remains, b. is engaged in or conducts or represents themselves as being engaged in maintaining a funeral establishment for the preparation and the disposition, or for the care of dead human remains, Laws through 2006 Legislative Session

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c. uses, in connection with the name of the person or funeral establishment, the words "funeral director" or "undertaker" or "mortician" or any other title implying that the person is engaged as a funeral director, d. sells funeral service merchandise to the public, or e. is responsible for the legal and ethical operation of a crematory; 3. "Funeral establishment" means a place of business used in the care and preparation for burial, commercial embalming, or transportation of dead human remains, or any place where any person or persons shall hold forth and be engaged in the profession of undertaking or funeral directing; 4. "Apprentice" means a person who is engaged in learning the practice of embalming or the practice of funeral directing, as the case may be, under the instruction and personal supervision of a duly licensed embalmer or a duly licensed funeral director of and in the State of Oklahoma, pursuant to the provisions of the Funeral Services Licensing Act, and who is duly registered as such with said Board; 5. "Board" means the Oklahoma Funeral Board; 6. "Directing a funeral" or "funeral directing" means directing funeral services from the time of the first call until final disposition or release to a common carrier or release to next of kin of the deceased or the designee of the next of kin; 7. "First call" means the beginning of the relationship and duty of the funeral director to take charge of dead human remains and have such remains prepared by embalming, cremation, or otherwise, for burial or disposition, provided all laws pertaining to public health in this state are complied with. First call does not include calls made by ambulance, when the person dispatching the ambulance does not know whether or not dead human remains are to be picked up; 8. "Personal supervision" means the physical presence of a licensed funeral director or embalmer at the specified time and place of the providing of acts of funeral service; 9. "Commercial embalming establishment" means a fixed place of business consisting of an equipped preparation room, and other rooms as necessary, for the specified purpose of performing preparation and shipping services of dead human remains to funeral establishments inside and outside this state; 10. "Funeral service merchandise or funeral services" means those products and services normally provided by funeral establishments and required to be listed on the General Price List of the Federal Trade Commission, 15 U.S.C., Section 57a(a), including, but not limited to, the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches or outer enclosures; 11. "Outer enclosure" means a grave liner, grave box, or grave vault; 12. "Funeral director in charge" means an individual licensed as a funeral director designated by a funeral service establishment, commercial embalming establishment, or crematory who is responsible for the legal and ethical operation of the establishment and is accountable to the Board; 13. "Authorizing agent" means a person legally entitled to order the cremation or final disposition of particular human remains pursuant to Section 1151 or 1158 of Title 21 of the Oklahoma Statutes; and 14. "Cremation" means the technical process, using heat and flame, that reduces human remains to bone fragments. The reduction takes place through heat Laws through 2006 Legislative Session

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and evaporation. Cremation shall include, but not be limited to, the processing and pulverization of the bone fragments. ยง 396.2a. Additional Powers and Duties of Oklahoma Funeral Board In addition to any other powers and duties imposed by law, the Oklahoma Funeral Board shall have the power and duty to: 1. Prescribe and promulgate rules necessary to effectuate the provisions of the Funeral Services Licensing Act, and to make orders as it may deem necessary or expedient in the performance of its duties; 2. Prepare, conduct and grade examinations, written or oral, of persons who apply for the issuance of licenses to them; 3. Determine the satisfactory passing score on such examinations and issue licenses to persons who pass the examinations or are otherwise entitled to licensure; 4. Determine eligibility for licenses and certificates of apprenticeship; 5. Issue licenses for funeral directors, embalmers, funeral establishments, commercial embalming establishments, and crematories; 6. Issue certificates of apprenticeship; 7. Upon good cause shown, as hereinafter provided, deny the issuance of a license or certificate of apprenticeship or suspend, revoke or refuse to renew licenses or certificates of apprenticeship, and upon proper showing, to reinstate them; 8. Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew; 9. Establish and levy administrative penalties against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto; 10. Obtain an office, secure facilities and employ, direct, discharge and define the duties and set the salaries of office personnel as deemed necessary by the Board; 11. Initiate disciplinary, prosecution and injunctive proceedings against any person or entity who violates any of the provisions of the Funeral Services Licensing Act or any rule promulgated pursuant thereto; 12. Investigate alleged violations of the Funeral Services Licensing Act or of the rules, orders or final orders of the Board; 13. Promulgate rules of conduct governing the practice of licensed funeral directors, embalmers, funeral establishments, and commercial embalming establishments and sale of funeral service merchandise; 14. Keep accurate and complete records of its proceedings and certify the same as may be appropriate; 15. Request prosecution by the district attorney or the Attorney General of this state of any person or any violation of the Funeral Services Licensing Act; 16. When it deems appropriate, confer with the Attorney General of this state or the assistants of the Attorney General in connection with all legal matters and questions; 17. Take such other action as may be reasonably necessary or appropriate to effectuate the Funeral Services Licensing Act; 18. Promulgate rules, issue licenses, and regulate crematories pursuant to the Funeral Services Licensing Act;

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19. Issue temporary licenses to a funeral establishment when its facilities are destroyed or damaged in order that the funeral establishment can continue to operate.

During the effective period of the temporary license, the Board may waive certain licensing requirements if the funeral establishment is making a good faith effort to rebuild or restore its operations in order to meet all licensing requirements; and 20. Promulgate rules for continuing education for licensees pursuant to Section 8 of this act. § 396.3. Funeral Director or Embalmer – Determination of Qualifications – Requirements - Curriculum of Study – Issuance of License - Inspection A. The Oklahoma Funeral Board shall determine the qualifications necessary to enable any person to practice as a funeral director or embalmer, and prescribe the requirements for a funeral establishment or commercial embalming establishment. The Board shall examine all applicants for licenses to practice as a funeral director or embalmer. The Board shall issue the proper licenses to applicants who successfully pass such examination and qualify pursuant to any additional requirements the Board may prescribe.

B. The minimum requirements for a license to practice funeral directing or embalming, or both, are as follows: An applicant for a license to practice embalming shall be at least twenty (20) years of age, a legal resident of this state, a citizen or permanent resident of the United States, and of good moral character. In addition, an applicant shall have at least sixty (60) semester hours of study earned, measured in quarter or clock hours, from a regionally accredited college or university, shall be a graduate of a program of mortuary science accredited by the American Board of Funeral Service Education, and have served one (1) year as a registered apprentice. The applicant may serve as a registered apprentice prior to enrollment in an approved school of mortuary science, or subsequent to graduation from said school.

Curriculum of study for an embalmer and/or funeral director is a program of mortuary science which shall be that prescribed by the American Board of Funeral Service Education.

C. The Board shall issue the appropriate license to any qualified applicant whose application has been approved by the Board, and who has paid the fees required

by Section 396.4 of this title, has passed the required examination with a general average of not less than seventy-five percent (75%) and has demonstrated to the Board proficiency as an embalmer or funeral director.

D. The Board shall maintain for public inspection a list of all accredited schools of embalming and mortuary science. § 396.3a. Licensure Requirements The following persons, professions and businesses shall be required to be licensed pursuant to the Funeral Services Licensing Act: 1. Any person engaged or who may engage in: a. the practice or profession of funeral directing or embalming, b. maintaining the business of a funeral establishment or commercial embalming establishment, c. the sale of any funeral service merchandise, or Laws through 2006 Legislative Session

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d. providing funeral services; and 2. Any funeral establishment or commercial embalming establishment. ยง 396.4. Fees Charged for Licenses, Registrations, and Examinations A. Until the Oklahoma Funeral Board sets fees pursuant to subsection B of this section, the following shall be the fees charged for the licenses, registrations, and examinations required by the Funeral Services Licensing Act: Funeral Director License or Renewal

$75.00

Embalmer License or Renewal

$75.00

Registration for Funeral Director/Embalmer Apprentice

$150.00

Extension of Funeral Director /Embalmer Apprentice

$150.00

Embalmer Examination

$100.00

Funeral Director Examination

$100.00

State Law Examination

$100.00

Funeral Establishment License or Renewal

$250.00

Commercial Embalming Establishment License or Renewal

$250.00

Reciprocal License for Funeral Director or Embalmer

$150.00

Change of Funeral Director in Charge

$150.00

Crematory License

$250.00

B. The Oklahoma Funeral Board shall set the fees by rule for those activities listed in subsection A of this section.

C. Fees for funeral director, embalmer, and state law examinations shall be paid prior to the scheduled examination. An examination fee shall not be refundable.

D. The Oklahoma Funeral Board is authorized to determine and fix special administrative service fees. Each such fee shall not be in excess of Two Hundred Dollars ($200.00).

E. If any renewal fee required by this section is not paid on or before December 31 of each year, the amount of the fee shall be doubled and if the fee is not paid on or before April 30 of the subsequent year, the licensee shall be in default and the license shall terminate automatically.

F. All examinations of the Oklahoma Funeral Board shall be exempt from the Oklahoma Open Records Act in order to maintain the integrity of the examination process. Copies of completed examinations shall only be released upon receipt of a court order from a court of competent jurisdiction.

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§ 396.5. Expiration of License - Renewal All licenses issued by the Board shall expire on the 31st day of December of each year. The Board shall issue a renewal for such license without further examination upon the payment of a renewal fee as required by Section 396.4 of this title. A funeral director or embalmer who fails to apply for a renewal license for a period of three (3) years or more, shall be reinstated by taking a written and oral examination, as required by the Board, and by paying a fee of Twenty-five Dollars ($25.00) and the current years' dues. § 396.5a. Members in Armed Forces – Inactive List All funeral directors and/or embalmers regularly licensed in this state, who are or become members of the armed forces of the United States, shall upon proper notification to the executive director of the Oklahoma Funeral Board be placed upon the inactive military service list to be kept by the executive director and shall not be subject to the payment of renewal fees upon their licenses as funeral directors and/or embalmers until they have been discharged from the military service of the United States and desire to practice their profession in this state. Upon the discharge of licensees from military service, they shall be reinstated as active funeral directors and/or embalmers upon the payment of the then current year's license fee. § 396.5b. Continuing Education Requirement A. Beginning July 1, 2006, as a condition of renewal or reactivation of a license, each licensee shall submit to the Oklahoma Funeral Board evidence of the completion of clock hours of continuing education courses approved by the Board within the twelve (12) months immediately preceding the term for which the license is issued. The number of hours, or its equivalent, required for each licensed term shall be determined by the Board and promulgated by rule. Each licensee shall be required to complete and include as part of the continuing education provision a certain number of required subjects as provided by rule.

B. The continuing education courses required by this section shall be satisfied by courses approved by the Board or the Academy of Professional Funeral Service Practice.

C. The Board shall maintain a listing of courses approved by the Board.

D. The Board shall not issue an active renewal license or reactivate a license unless the continuing education requirement set forth in this section is satisfied within the prescribed time period.

E. The provisions of this section shall not apply: 1. During the period a licensee is on inactive status; 2. To a nonresident licensee licensed in this state if the licensee is not engaged in funeral service or embalming practice in Oklahoma; and 3. To classes of licensees exempted by rules of the Board. § 396.6. Operating Without License A. No person shall operate a funeral establishment, commercial embalming establishment, or crematory, engage in the sale of any funeral service merchandise to the public, provide funeral services, carry on the business or profession of embalming or Laws through 2006 Legislative Session

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funeral directing or perform any of the functions, duties, or powers prescribed for funeral directors or embalmers pursuant to the provisions of the Funeral Services Licensing Act unless the person has obtained the license specified by rules promulgated pursuant to the Funeral Services Licensing Act and has otherwise complied with the provisions of the Funeral Services Licensing Act. The license shall be nontransferable and nonnegotiable.

B. A license shall not be issued to any person for the operation of a funeral or embalming establishment which does not employ an embalmer licensed pursuant to the provisions of Section 396.3 of this title. An individual who supervises a funeral or embalming establishment shall be licensed pursuant to the provisions of Section 396.3 of this title.

C. The holder of any license or certificate issued pursuant to the Funeral Services Licensing Act, or any rules promulgated pursuant thereto, shall have the license or certificate displayed conspicuously in the place of business of the holder. § 396.8 License – Embalmers and Funeral Directors - Reciprocity A. The Board shall have the power to issue reciprocal licenses to applicants licensed in other states which have equal or like educational requirements as required by this state or the Board.

B. A license as an embalmer or funeral director shall be issued without examination to an out-of-state resident intending to become a resident of this state, who submits to the Board satisfactory evidence that said applicant has met all the requirements of the Funeral Services Licensing Act and pays the fees required by Section 396.4 of this title.

C. The Board may issue an appropriate license without further apprenticeship to a resident of a state which does not have the same educational requirements necessary for reciprocity with this state, if said applicant: 1. Has a current license to practice as an embalmer or funeral director in the state of residence of the person; 2. Has been an active embalmer or funeral director practicing in the state of residence of the person for at least five (5) years; 3. Has never been convicted of a felony and has never been convicted of a misdemeanor related to funeral service; 4. Has never had said license revoked or suspended; 5. Is not currently facing disciplinary action; 6. Intends to practice in this state; 7. Has filed such documents as are required by the Board; 8. Has paid the fees as required by Section 396.4 of this title; 9. Is a citizen or permanent resident of the United States; 10. Is a graduate of an accredited program of mortuary science; 11. Has passed the National Board Examination or State Board Examination; and 12. Has passed the Oklahoma State Law Examination. § 396.10. Application for License – Rules and Regulations Any person desiring to engage in the profession or business of embalming or funeral directing or both, as defined herein, shall make application, be required to show Laws through 2006 Legislative Session

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all preliminary requisites, comply with the rules of the Board, and take all examinations as shall be deemed necessary by the Board in its rules. The Board shall publish in its rules the subject to be covered in the examination and the standards to be attained thereon. Changes in the rules shall be published pursua nt to the Administrative Procedures Act. § 396.11. Apprentices – Application – Certificate of Apprenticeship – Rules and Regulations A. The term for an apprenticeship in embalming and the term for an apprenticeship in funeral directing may be served concurrently. Applications for an apprenticeship in funeral directing or embalming shall be made to the Board in writing on a form and in a manner prescribed by the Board. The Board shall issue a certificate of apprenticeship to any person applying for said certificate who submits to the Board satisfactory evidence that said person is seventeen (17) years of age or older, of good moral character, and a graduate of an accredited high school or has earned a G.E.D. credential. The application shall be accompanied by a registration fee as required by Section 396.4 of this title.

B. The Board shall prescribe and enforce such rules as necessary to qualify apprentice applicants as embalmers or funeral directors. A license to practice embalming or funeral directing shall not be issued until said applicant has complied with the rules of the Board, and said applicant has embalmed at least twenty-five dead human bodies for burial or shipment during apprenticeship.

C. The certificate of apprenticeship shall expire one (1) year from the date of issuance but may be renewed by the Board for four additional one -year periods. § 396.12. Funeral Establishment – Display of Licensee’s Name – Inspection – Rules and Regulations – Revocation of License – Refusal to Issue or Renew Grounds A. Any place where a person shall hold forth by word or act that the person is engaged in the profession of undertaking or funeral directing shall be deemed as a funeral establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act. B. A funeral establishment shall not do business in a location that is not licensed as a funeral establishment, shall not advertise a service that is available from an unlicensed location, and shall advertise itself by the name that the establishment is licensed as pursuant to the Funeral Services Licensing Act. C. Every funeral establishment, commercial embalming establishment, and crematory shall be operated by a funeral director in charge. Each establishment license shall be conspicuously displayed at the location.

D. The Oklahoma Funeral Board shall have the power to inspect the premises in which funeral directing is conducted or where embalming or cremation is practiced or where an applicant proposed to practice, and the Board is hereby empowered to prescribe and endorse rules for reasonable sanitation of such establishments, including necessary drainage, ventilation, and necessary and suitable instruments for the business or profession of embalming and funeral directing.

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inside and outside this state shall be deemed a commercial embalming establishment and shall be licensed as such pursuant to the provisions of the Funeral Services Licensing Act. § 396.12a. License Required A. No person shall place any chemical substance, fluid or gas on or in dead human remains who is not a licensed embalmer. This prohibition shall not apply to a registered apprentice, working under the supervision of a licensed embalmer and shall not apply to medical students or their teachers in state-maintained medical schools in this state.

B. No person shall act or represent themselves as a funeral director, embalmer, apprentice, provide funeral services or merchandise or operate a funeral establishment or a commercial embalming establishment without a current license or registration issued pursuant to the Funeral Services Licensing Act. § 396.12b. Conducting Funeral – Embalming – Dead Human Remains A. Each funeral conducted within this state shall be under the personal supervision of a duly licensed funeral director who holds a valid license from the Oklahoma Funeral Board. A registered apprentice may assist in conducting funerals.

To conduct a funeral shall require the personal supervision of a licensed funeral director from the time of the first call until interment is completed. A funeral director conducting a funeral in this state shall ensure that the casket or other container holding the deceased human remains shall not incur any damage other than that which is normally incurred in the burial or final disposition of human remains.

B. The embalming of dead human remains shall require the presence and the direct supervision of a duly licensed embalmer, however, a licensed registered apprentice embalmer may perform the embalming of a dead human provided said registered apprentice embalmer is under the direct supervision of a duly licensed embalmer.

C. Nothing in this section regarding the conduct of funerals or personal supervision of a licensed director, a registered apprentice embalmer, or licensed embalmer, shall apply to persons related to the deceased by blood or marriage.

Further, nothing in this section shall apply or in any manner interfere with the duties of any state officer or any employee of a local state institution.

D. Dead human remains shall be picked up on first call only under the direction and personal supervision of a licensed funeral director or embalmer. Dead human remains may be transferred from one funeral home to another funeral home and from a funeral home to and from a morgue where an autopsy is to be performed without a licensed funeral director personally making the transfer. In circumstances in which there is no reasonable probability that unlicensed personnel will encounter family members or other persons with whom funeral arrangements are normally made by licensed funeral directors or embalmers, dead human remains may be picked up or transferred without the personal supervision of a funeral director or embalmer. Dead human remains may be picked up or transferred by a currently registered apprentice without the personal supervision of a funeral director or embalmer, provided however, any inadvertent contact with family members or other persons shall be restricted to the currently registered apprentice identifying the employer to the person, arranging an Laws through 2006 Legislative Session

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appointment with the employer for any person who indicates a desire to make funeral arrangements for the deceased and making any disclosure to the person that is required by any federal or state regulation. A funeral director or embalmer who directs the removal or transfer of dead human remains without providing personal supervision shall be held strictly accountable for compliance with the requirements of, and exceptions to, first call as provided by the Funeral Services Licensing Act ยง 396.12c. Grounds for Refusing to Issue or Renew, Revoke or Suspend License or Registration After notice and hearing pursuant to Article II of the Administrative Procedures Act, the Oklahoma Funeral Board may refuse to issue or renew, or may revoke or suspend, any license or registration for any one or combination of the following: 1. Conviction of a felony shown by a certified copy of the record of the court of conviction; 2. Conviction of a misdemeanor involving funeral services; 3. Gross malpractice or gross incompetency, which shall be determined by the Board; 4. False or misleading advertising as a funeral director or embalmer; 5. Violation of any of the provisions of the Funeral Services Licensing Act or any violation of Sections 201 through 231 of Title 8 of the Oklahoma Statutes; 6. Fraud or misrepresentation in obtaining a license; 7. Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the burial or other disposition of dead human remains, unless the disclosure is made to the purchaser; 8. Violation of any rules of the Board in administering the purposes of the Funeral Services Licensing Act; 9. Use of intoxicating liquor sufficient to produce drunkenness in public, or habitual addiction to the use of habit-forming drugs or either; 10. Solicitation of business, either personally or by an agent, from a dying individual or the relatives of a dead or individual with a terminal condition, as defined by the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, other than through general advertising; 11. Refusing to properly release a dead human body to the custody of the person entitled to custody; 12. Violating applicable state laws relating to the failure to file a death certificate, cremation permit, or prearrangement or prefinancing of a funeral; 13. Failing to obtain other necessary permits as required by law in a timely manner; 14. Failing to comply with the Funeral Rules of the Federal Trade Commission, 15 U.S.C., Section 57a(a); 15. Failing to comply with any applicable provisions of the Funeral Services Licensing Act at the time of issuance or renewal; 16. Improper issuance or renewal of a license or registration; 17. Violating the provisions of subsection B of Section 396.12 of this title regarding advertisement of services at locations not licensed by the Board;

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18. The abuse of a corpse whereby a person knowingly and willfully signs a certificate as having embalmed, cremated, or prepared a dead human body for disposition when, in fact, the services were not performed as indicated; 19. Simultaneous cremating of more than one human dead body without express written approval of the authorizing agent; or 20. Cremating human remains without the permit required by Section 1-329.1 of Title 63 of the Oklahoma Statutes. § 396.12d. Penalties and Liabilities for Violations Any person who violates any of the provisions of the Funeral Services Licensing Act or rule or regulation promulgated or order issued pursuant thereto, after notice and hearing pursuant to Article II of the Administrative Procedures Act, shall be subject to any of the following penalties and liabilities authorized by the Funeral Services Licensing Act: 1. License or certificate of apprenticeship revocation, denial, suspension or nonrenewal; 2. Administrative fines; 3. Injunctive proceedings; and 4. Other disciplinary action.

Further, such person shall be subject to criminal penalties pursuant to the provisions of Section 396.24 of Title 59 of the Oklahoma Statutes. § 396.12e. Administrative Penalties – Assessment – Surrender of License A. Any person or entity who has been determined by the Oklahoma Funeral Board to have violated any provision of the Funeral Services Licensing Act or any rule or order issued pursuant thereto may be liable for an administrative penalty. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.

B. The Board shall be authorized, at its discretion, to take action as the nature of the violation requires. The Board shall have the authority to impose on the licensee, or certificate holder, as a condition of any adverse disciplinary action, the payment of costs expended by the Board in investigating and prosecuting the violation. The costs may include but are not limited to staff time, salary and travel expenses, witness fees and attorney fees, and shall be considered part of the order of the Board.

C. The amount of the penalty shall be assessed by the Board pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Board shall include, but not be limited to, consideration of the nature, circumstances and gravity of the violation and, with respect to the person or entity found to have committed the violation, the degree of culpability, the effect on ability of the person or entity to continue to do business and any show of good faith in attempting to achieve compliance with the provisions of the Funeral Services Licensing Act. The Board shall make a report of any action to any entity deemed appropriate for transmittal of the public record but shall in no cause be held liable for the content of the reported action or be made a party to any civil liability action taken as a result of the discipline imposed by the Board. All monies collected from the administrative penalties shall be deposited with the State Treasurer and by the State Treasurer placed in the "Fund of the Oklahoma Funeral Board ", created pursuant to Section 17 of this act.

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D. Any license or certificate of apprenticeship holder may elect to surrender the license or certificate of apprenticeship of the person in lieu of said penalty but shall be forever barred from obtaining a reissuance of said license or certificate of apprenticeship. § 396.12f. Complaints of Violations of Act – Notice – Opportunity for Hearing – Conduct of Hearing A. Complaints against any person for alleged violations of the Funeral Services Licensing Act or of any of the rules issued pursuant thereto shall be in writing, signed by the complainant and filed with the executive director of the Oklahoma Funeral Board. In addition to the general public, any member or employee of the Board, or the executive director of the Oklahoma Funeral Board, may sign a complaint for any violation of which the executive director has knowledge. All complaints shall name the person complained of, and shall state the time and place of the alleged violations and the facts of which the complainant has knowledge. Upon receiving a complaint, the Board shall examine the complaint, and determine whether there is a reasonable cause to believe the charges to be true.

B. If upon inspection, investigation or complaint, or whenever the Board determines that there are reasonable grounds to believe that a violation of the Funeral Services Licensing Act or of any rule promulgated pursuant thereto has occurred, the Board shall give written notice to the alleged violator specifying the cause of complaint.

The notice shall require that the matters complained of be corrected immediately or that the alleged violator appear before the Board at a time and place specified in the notice and answer the charges. The notice shall be delive red to the alleged violator in accordance with the provisions of subsection E of this section.

C. The Board shall afford the alleged violator an opportunity for a fair hearing in accordance with the provisions of subsection F of this section not less than fifteen (15) days after receipt of the notice provided for in subsection B of this section. On the basis of the evidence produced at the hearing, the Board shall make findings of fact and conclusions of law and enter an order thereon. The Board shall give written notice of the order to the alleged violator and to any other persons who appeared at the hearing and made written request for notice of the order. If the hearing is held before a hearing officer as provided for in subsection F of this section, the hearing officer shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Board which shall thereupon enter its order. The Board may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented. The order of the Board shall become final and binding on all parties unless appealed to the district court pursuant to Article II of the Administrative Procedures Act, within thirty (30) days after notice has been sent to the parties.

D. Whenever the Board finds that as a result of a violation of the Funeral Services Licensing Act or any rule promulgated thereto an emergency exists requiring immediate action to protect the public health or welfare, the Board may without notice or hearing issue an order stating the existence of an emergency and requiring that action be taken as it deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom an order is directed shall comply with the order immediately but on application to the Board shall be afforded a hearing within ten (10) Laws through 2006 Legislative Session

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days of receipt of the notice. On the basis of a hearing, the Board shall continue the order in effect, revoke it or modify it. Any person aggrieved by an order continued after the hearing provided for in this subsection may appeal to the district court of the county in which the person resides, or in which the business of the person is located, within thirty (30) days of the Board's action. The appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.

E. Except as otherwise expressly provided by law, any notice, order or other instrument issued by or pursuant to authority of the Board may be served on any person affected thereby personally, by publication or by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at his last-known post office address as shown by the files or records of the Board. Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing. Proof of service shall be filed in the office of the Board.

Every certificate or affidavit of service made and filed as provided for in this subsection shall be prima facie evidence of the facts therein stated. A certified copy thereof shall have like force and effect.

F. The hearings authorized by this section may be conducted by the Board. The Board may designate hearing officers who shall have the power and authority to conduct hearings in the name of the Board at any time and place. The hearings shall be conducted in conformity with and records made thereof pursuant to Article II of the Administrative Procedures Act. G. All records on complaints filed against any licensee pursuant to the Funeral Services Licensing Act shall be exempt from the Oklahoma Open Records Act unless the Board gave written notice of the complaint pursuant to subsection B of this section. ยง 396.16. Record of Proceedings The Board shall keep a record of its proceedings, and its acts relating to the issuance, refusal, renewal, suspensions and revocation of licenses. This record shall contain the name, place of business, and residence of each registered embalmer and funeral director and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection. ยง 396.17. Powers of Board and Officers The Oklahoma Funeral Board shall have the power to select from its own members a president and a vice-president and to make, adopt, promulgate and enforce reasonable rules for the: 1. Transaction of its business; 2. Sanitary management of funeral homes; 3. Work of embalmers and apprentices; 4. Management of the Board's affairs; 5. Betterment and promotion of the educational standards of the profession of embalming and the standards of service and practice to be followed in the profession of embalming and funeral directing in this state; and 6. Carrying into effect of any of the provisions of the Funeral Services Licensing Act, as the Board may deem expedient, just and reasonable and consistent with the laws of this state.

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§ 396.19. State or Local Institutions Nothing in this act shall apply to or in any manner interfere with the duties of any officer of local or state institutions, nor shall this act apply to any person simply furnishing a burial receptacle for the dead and burying the dead who were related to such person by blood or marriage, but not embalming or directing funerals. § 396.20. Suspicion of Crime – Duty of Embalmer It shall be unlawful to embalm a dead human body when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the Chief Medical Examiner has been first obtained. § 396.22. Meetings of Board Meetings of the Board shall be held at least twice a year at such places as may be designated by the Board. Three members of the Board shall constitute a quorum. § 396.23. Schools for Teaching Embalming Schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissection while teaching as those granted in this state to medical colleges; provided, that such bodies must be obtained through the State Board of Health. § 396.24. Violations of Act - Punishment Any person, firm, association or corporation who violates any of the provisions of the Funeral Services Licensing Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. § 396.26. Partial Invalidity If any section of this act shall be declared unconstitutional for any reason, the remainder of this act shall not be affected thereby. § 396.27. Notification of Risk Exposure – Adherence to Universal Precautions In handling and preparing dead human remains for final disposition, any person who comes in direct contact with an unembalmed dead human body or who enters a room where dead human bodies are being embalmed shall exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body in accordance with federal regulations regarding the control of infectious diseases and occupational and workplace health and safety. § 396.28. Temporary Permits in Case of Catastrophe In case of a catastrophe as declared by the executive director of the Board, funeral directors and embalmers from other states may be allowed to practice in this

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state. A temporary permit may be issued to those persons, and the permit shall allow the persons to practice for a length of time as determined by the Board. ยง 396.29. Cremation of Dead Body A. The person charged by law with the duty of burying the body of a deceased person may discharge such duty by causing the body to be cremated as authorized and provided for in the following sections of this article, but the body of a deceased person shall not be disposed of by cremation, or other similar means, withi n the State of Oklahoma, except in a crematory duly licensed as provided for herein, and then only under a special permit for cremation issued in accordance with the provisions hereof.

B. Upon the completion of each cremation, and insofar as is practicable, all of the recoverable residue of the cremation process shall be removed from the crematory and placed in a separate container so that the residue may not be commingled with the cremated remains of other persons. Cremated remains of a dead human shall not be divided or separated without the prior written consent of the authorizing agent.

C. A funeral director or funeral establishment that has received express written authorization for final disposition or cremation from the authorizing agent shall not be liable if the final disposition or cremation is performed in accordance with the provisions of the Funeral Services Licensing Act. The funeral director or funeral establishment shall not be liable for following in a reasonable fashion the instructions of any persons who falsely represent themselves as the proper authorizing agents.

D. Absent the receipt of a court order or other suitable confirmation of resolution, a funeral director or funeral establishment shall not be liable for refusing to accept human remains for final disposition or cremation if the funeral director or other agent of the funeral establishment: 1. Is aware of any dispute concerning the final disposition or cremation of the human remains; or 2. Has a reasonable basis for questioning any of the representations made by the authorizing agent.

E. Each funeral establishment which offers or performs cremations shall maintain an identification system that ensures the ability of the funeral establishment to identify the human remains in its possession throughout all phases of the cremation process. Upon completion of the cremation process, the crematory operator shall attest to the identity of the cremated remains and the date, time, and place the cremation process occurred on a form prescribed by rule of the Oklahoma Funeral Board. The form shall accompany the human remains in all phases of transportation, cremation, and return of the cremated remains.

F. The authorizing agent is responsible for the disposition of the cremated remains. If, after sixty (60) calendar days from the date of cremation, the authorizing agent or the representative of the agent has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner in accordance with any state, county, or municipal laws or provisions regarding the disposition of cremated remains. A record of this disposition shall be made and kept by the entity making the disposition. Upon the disposition of unclaimed cremated remains in accordance with this subsection, the funeral establishment and entity which disposed

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the cremated remains shall be discharged from any legal obligation or liability concerning the disposition of the cremated remains.

§ 396.30. Crematory – License Required A. No person shall dispose of the body of any deceased person by cremation or other similar means, within this state, without first having obtained from the Oklahoma Funeral Board an annual license to operate a crematory.

B. Application for an annual license shall be made to the executive director of the Board upon forms prescribed and furnished by the executive director, shall give the location of the crematory, and any other information as the executive director shall require, and shall be accompanied by the crematory license fee pursuant to Section 396.4 of Title 59 of the Oklahoma Statutes. Annual licenses shall expire on the 31st day of December each year, shall specify the name or names of the owners of the crematory and the location thereof, the funeral director in charge, and shall not be transferable either as to the ownership of the crematory, the funeral director in charge or as to the location thereof. The first annual license issued for any crematory at any location shall not be issued by the executive director until the executive director has been satisfied: 1. That the crematory is, or will be, so constructed as to be capable of reducing the body of a deceased person to a residue which shall not weigh more than five percent (5%) of the weight of the body immediately after death; and 2. That the crematory has at least one operable crematory for cremation.

The requirement of paragraph 1 of this subsection may, but need not, be waived by the executive director for any subsequent annual license issued for the same crematory.

C. All funeral establishments performing cremations shall have a licensed funeral director in charge.

D. Each funeral establishment performing cremation services shall keep records as required by the Board to assure compliance with all laws relating to the disposition of dead human remains and shall file annually with the Board a report in the form prescribed by the Board describing the operations of the licensee, including the number of cremations performed, the disposition thereof, and any other information that the Board may require by rule.

E. A funeral establishment performing cremation services shall be subject to all local, state, and federal health and environmental requirements and shall obtain all necessary licenses and permits from the Oklahoma Funeral Board, and the appropriate federal and state health and environmental authorities.

F. Crematories licensed by the Board on the effective date of this act shall be exempt from the provisions of subsections C, D and E of this section until July 1, 2005.

G. All crematories shall be subject to inspection, at all reasonable times, by the Board or its duly authorized agents or employees. § 396.31. Authority on Cremation The Oklahoma State Board of Embalmers and Funeral Directors is authorized, pursuant to the Administrative Procedures Act, to adopt and promulgate rules necessary for the licensing, inspection, and regulation of crematories.

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ยง 396.32. Residue of Cremated Body The residue resulting from the cremation of the body of a deceased person may be transported in this state in any manner, without any permit therefor, and may be disposed of in any manner desired or directed by the person or persons charged by law with the duty of burying the body. ยง 396.33. Cremation Without License and Permit - Penalty Disposing of the body of a deceased person by cremation or other similar means, within the State of Oklahoma, except in a crematory duly licensed as provided for in Section 25 of this act and under a special permit for cremation issued in accordance with the provisions of Section 1-329.1 of Title 63 of the Oklahoma Statutes, is hereby declared to be a felony.

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