Okla. Admin. Code § 235:10-11-1

Current through Vol. 41, No. 19, June 17, 2024

Section 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 em-balmer 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 em-balmer 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 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(A) Liquid, semi-solid, and gaseous contents which can be withdrawn through a trocar shall be aspirated by the use of at least 18 inches (mercury) vacuum.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 containing 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)Not authorized. Nothing in this Section shall be interpreted to require embalming if the next-of-kin does not authorize embalming.

(12)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.

(13)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 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.

(14)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.

(15)Variations. Reasonable variations may be permitted as long as the objective stated 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;

(B) requiring the signing of a promissory note for the balance of funeral services and/or merchandise charges due;

(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;

(B) 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

(D) at the conclusion of any public or private ceremony, the dead human remains are accompanied by an employee, as evidenced by records of wages and hours, of a funeral service establishment until such time as the remains are inaccessible to the public. This provision shall not be construed to allow any conducting of services or direct care for the remains by an employee not holding respective funeral director's or embalmer's licenses. A funeral service establishment and funeral director shall be held strictly liable for the actions of the employee and the employee's compliance with the requirements of the Funeral Services Licensing Act.

(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 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.

(d) The following minimum standards of performance shall be required of each licensed funeral service establishment and commercial embalming establishment in the State of Oklahoma

(1)Discharge financial obligation. A licensed funeral service establishment shall 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 shall 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.

(2)Approved Place of Disposition. A licensed funeral service establishment, or commercial embalming establishment shall only arrange for, prepare, and transport human remains to an approved place of final disposition. A new or established site shall have the legal next of kin assume the legal responsibility for the interment and also take the necessary precautions to secure that site to make it legal and lawful as an approved place of final disposition.

(3)Retention of Documents. A licensed funeral service establishment or commercial embalming establishment shall retain documentation related to the services performed, services and merchandise provided, and vital statistic information collected for no less than 5 years from the date of death or date of the statement of goods and services whichever is later.

(4)Identification of Dead Human Bodies. In addition to the body intake log provided in Section 235:10-3-2(5)(vii):

(A) A non-detachable bracelet attached at all times to the human remains shall identify each human remains in the possession or custody of the funeral establishment, commercial embalming establishment, or crematory in this state.

(B) The non-detachable bracelet must at a minimum contain the following information:

(i) First and last name of deceased

(ii) Date of Death

Okla. Admin. Code § 235:10-11-1

Amended at 14 Ok Reg 2891, eff 7-11-97 ; Amended at 15 Ok Reg 1377, eff 4-27-98 ; Amended at 17 Ok Reg 1095, eff 5-11-00 ; Amended at 26 Ok Reg 1883, eff 6-25-09 ; Amended at 30 Ok Reg 1745, eff 7-11-13

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018