Okla. Admin. Code § 235:10-1-2

Current through Vol. 41, No. 16, May 1, 2024
Section 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.

"Approved place of final disposition" means a licensed crematory or other place legally established or historically recognized to receive human remains for final disposition. Historical sites as evidenced by existing grave(s) that were in place prior to the planned internment shall constitute an approved place of final disposition.

"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.

"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 may or may not be followed by a memorial service.

"Embalmer" means any individual licensed to engage in the practice of embalming. Any person who performs the duties of an embalmer as outlined in these rules, or who holds himself out to the public in any manner whatsoever as an embalmer must be licensed by the Board.

"Full-time employee" means a full-time employee at a funeral service establishment, or the commercial embalming establishment which is his principal place of employment as evidenced by payroll and employment records.

"Funeral director" means any individual licensed to engage in the practice of funeral directing 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 - 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.

"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 therein, 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.

"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.

Okla. Admin. Code § 235:10-1-2

Amended at 10 Ok Reg 993, eff 3-11-93 ; Amended at 11 Ok Reg 4429, eff 8-11-94 ; Amended at 13 Ok Reg 2295, eff 8-21-95 (emergency) ; Amended at 13 Ok Reg 2955, eff 7-15-96 ; Amended at 14 Ok Reg 2891, eff 7-11-97 ; Amended at 17 Ok Reg 1095, eff 5-11-00 ; Amended at 22 Ok Reg 1918, eff 6-25-05 ; Amended at 26 Ok Reg 1883, eff 6-25-09 ; Amended at 30 Ok Reg 1745, eff 7-11-13