Okla. Admin. Code § 235:10-7-2

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

Section 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 of facts, 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)Criminal Actions. 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 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 dead human remains by an individual not licensed as an embalmer.

(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, cremating human remains without the permit requires by 63 O.S. § 1-329 or cremating dead human remains without express written approval of the authorizing agent.

(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 Ill 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 contracted 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.

(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. § 139.1 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.

(21)Lack of Response. Failure of a funeral service establishment, commercial embalming establishment, crematory, funeral director, embalmer, or apprentice to respond to a complaint within 10 days of receipt of the complaint or failure of a funeral service establishment, commercial embalming establishment, crematory, funeral director, embalmer or apprentice to comply with a Board subpoena. A signed proof of service shall be prima facie evidence of receipt.

(22)Obstruction of Investigation. Destruction of evidence, tampering with or intimidating witnesses, or refusal to allow access to relevant files or facilities in any investigation.

(23)Forgery. Creating a false document, fraudulently altering a document, or writing a false signature upon any document.

(24)Compromising Licensing Exam. Being found to have cheated on, harvested test items from or disseminated copies of any licensing exam as determined by the administrating body of the exam.

(25)Licensing Exam Invalidation. Having test scores on a licensing exam invalidated as determined by the body administering the exam.

(26)Violation Of Any Of The Ethics Rules:

(A) The licensee shall be knowledgeable of and comply with all federal and state laws, rules, and codes applicable to the Funeral Service industry. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee and to not as determined by the Board perform his or her duties in a negligent or incompetent manner. The licensee must perform his or her duties with honesty, integrity, and in a trustworthy manner.

(B) Integrity.

(i) A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission.

(ii) A licensee shall refrain from engaging in acts or practices that constitute threats, coercion, or extortion.

(iii) A licensee shall respect a consumer's right of personal choice and decisions with regard to making arrangements.

(C) The primary duty of the licensee is to ensure compliance with all applicable federal and state laws, rules, and codes. The licensee's position should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.

(D) Specific Rules of Conduct.

(i) A licensee shall provide to consumers and prospective consumers, where applicable, all statutorily required documentation, pricing information, and any other information concerning funerals, cremations, burials, pricing, merchandise, and services provided by licensee.

(ii) A licensee shall protect from disclosure confidential information pertaining to the deceased or the family of the deceased except when requested by the Board.

(iii) A licensee shall account properly for and remit any monies, documents, or personal property that belongs to others that comes into the licensees' possession during the course of performance of licensee's duties.

(iv) A licensee shall not participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose, which he/she knew or should have known was the evasion of any provision of the laws or the rules of the Board.

(v) A licensee shall not provide information he or she knew or should have known was inaccurate, deceitful, or misleading to the Board or a consumer while performing as a licensee.

(vi) A licensee shall not engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.

(27)Aiding or abetting unlicensed practice. Aiding or abetting an unlicensed person, establishment, or entity in the practice of funeral directing, embalming, cremation, or conducting business as a funeral establishment or crematory.

Okla. Admin. Code § 235:10-7-2

Amended at 10 Ok Reg 993, eff 3-11-93 ; 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

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