reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.8. Reciprocity – Definitions.

A. The Oklahoma Funeral 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 crime that substantially relates to the occupation of an embalmer or funeral director and poses a reasonable threat to public safety, 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 administered by the International Conference of Funeral Service Examining Board; and
12. Has passed the Oklahoma State Law Examination.
D. As used in this section:
1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.
Added by Laws 1941, p. 237, § 9, emerg. eff. May 20, 1941. Amended by Laws 1943, p. 133, § 1, emerg. eff. March 5, 1943; Laws 1945, p. 193, § 3, emerg. eff. April 28, 1945; Laws 1983, c. 163, § 5; Laws 1999, c. 64, § 8, eff. July 1, 1999; Laws 2019, c. 363, § 15, eff. Nov. 1, 2019; Laws 2022, c. 217, § 2, emerg. eff. May 5, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.10. Application - Rules of Board - Publication of changes in rules.

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 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 pursuant to the Administrative Procedures Act.
Added by Laws 1941, p. 238, § 11, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 10, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.11. Apprenticeship - Application - Certificate - Rules.

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.
Added by Laws 1941, p. 238, § 12, emerg. eff. May 20, 1941. Amended by Laws 1961, p. 455, § 4, emerg. eff. July 11, 1961; Laws 1983, c. 163, § 6; Laws 1999, c. 64, § 9, eff. July 1, 1999; Laws 2002, c. 161, § 1, eff. Nov. 1, 2002; Laws 2003, c. 57, § 11, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.12. Funeral establishment required to be licensed – Display of license - Inspection of premises - Sanitary rules – Commercial embalming establishments.

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.
E. Any place where a person shall hold forth by word or act that such person is engaged in preparing and shipping of dead human remains to funeral establishments 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.
Added by Laws 1941, p. 238, § 13, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 193, § 5, emerg. eff. April 28, 1945; Laws 1961, p. 455, § 5, emerg. eff. July 11, 1961; Laws 1970, c. 311, § 3, emerg. eff. April 27, 1970; Laws 1989, c. 297, § 8, eff. Nov. 1, 1989; Laws 1999, c. 64, § 10, eff. July 1, 1999; Laws 2003, c. 57, § 12, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.12a. Embalming to be performed by licensed embalmer or apprentice - Holding out as funeral director, embalmer, etc. without license prohibited.

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.
Added by Laws 1989, c. 297, § 9, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 11, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.12b. Conducting funeral, persons authorized - Embalming, persons authorized - Transfer or removal of 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 supervision of a licensed funeral director or embalmer. Dead human remains may be picked up or transferred 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 identifying the employer to the person, arranging an 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 the Funeral Services Licensing Act.
Added by Laws 1989, c. 297, § 10, eff. Nov. 1, 1989. Amended by Laws 2003, c. 57, § 13, emerg. eff. April 10, 2003; Laws 2013, c. 97, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.12d. Violations - Penalties - Liabilities.

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.
Added by Laws 1989, c. 297, § 12, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.12e. Administrative penalty and costs - Surrender of license in lieu of penalty.

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.
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.
Added by Laws 1989, c. 297, § 13, eff. Nov. 1, 1989. Amended by Laws 1999, c. 64, § 13, eff. July 1, 1999; Laws 2003, c. 57, § 15, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.16. Records of Board - Contents - Public inspection.

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.
Added by Laws 1941, p. 241, § 17, emerg. eff. May 20, 1941.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.17. Board - Officers - Rules.

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.
Added by Laws 1941, p. 241, § 18, emerg. eff. May 20, 1941. Amended by Laws 1945, p. 195, § 7, emerg. eff. April 28, 1945; Laws 1989, c. 297, § 15, eff. Nov. 1, 1989; Laws 2003, c. 57, § 18, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.19. Act inapplicable when.

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.
Added by Laws 1941, p. 242, § 20, emerg. eff. May 20, 1941.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.20. Suspicion of crime - Embalming body without permission unlawful.

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.
Added by Laws 1941, p. 242, § 21, emerg. eff. May 20, 1941. Amended by Laws 2003, c. 57, § 20, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.23. Schools - Privileges.

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.
Added by Laws 1941, p. 242, § 24, emerg. eff. May 20, 1941.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.24. Violations - Penalties.

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.
Added by Laws 1941, p. 242, § 25, emerg. eff. May 20, 1941. Amended by Laws 1970, c. 311, § 6, emerg. eff. April 27, 1970; Laws 1989, c. 297, § 16, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.27. Risk of transmission of communicable disease - Precautions.

A. 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.
B. Each funeral director shall notify employees concerning risk exposures pursuant to Section 1-502.3 of Title 63 of the Oklahoma Statutes and the rules and guidelines promulgated by the State Board of Health.
C. If a funeral director or embalmer has been notified that a deceased person has tested positive for human immunodeficiency virus (HIV), MRSA, hepatitis or any other communicable disease the funeral director or embalmer shall notify any person who may be transporting the body or preparing the body for burial or other disposition of the positive test.
Added by Laws 1988, c. 153, § 4, eff. Jan. 1, 1989. Amended by Laws 2003, c. 57, § 22, emerg. eff. April 10, 2003; Laws 2020, c. 9, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.28. Funeral directors and embalmers from other states – Temporary permit.

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 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.
Added by Laws 1999, c. 64, § 16, eff. July 1, 1999. Amended by Laws 2003, c. 57, § 23, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.31. Rules for licensing, inspection, and regulation of crematories.

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.
Added by Laws 2001, c. 75, § 3, eff. Nov. 1, 2001. Renumbered from Title 63, § 1-331.1 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.32. 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.
Added by Laws 1963, c. 325, art. 3, § 332, operative July 1, 1963. Renumbered from § 1-332 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-396.33. Cremation without license and permit a felony.

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.
Added by Laws 1963, c. 325, art. 3, § 333, operative July 1, 1963. Amended by Laws 1997, c. 133, § 521, eff. July 1, 1999; Laws 2003, c. 57, § 26, emerg. eff. April 10, 2003. Renumbered from § 1-333 of Title 63 by Laws 2003, c. 57, § 31, emerg. eff. April 10, 2003.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 521 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.1. Registration as engineer or land surveyor - Privilege.

In order to safeguard life, health and property, and to promote the public welfare, the practice of engineering and the practice of land surveying in this state are hereby declared to be subject to regulation in the public interest. It shall be unlawful to practice or to offer to practice engineering or land surveying in this state, as defined in the provisions of Section 475.1 et seq. of this title, or to use in connection with any name or otherwise assume or advertise any title or description tending to convey the impression that any person is an engineer, professional engineer, professional structural engineer, land surveyor or professional land surveyor, unless such person has been duly licensed or authorized under the provisions of Section 475.1 et seq. of this title. The practice of engineering or land surveying shall be deemed a privilege granted by the state through the State Board of Licensure for Professional Engineers and Land Surveyors, based on the qualifications of the individual as evidenced by a certificate of licensure, which shall not be transferable.
Added by Laws 1968, c. 245, § 1, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 1; Laws 1992, c. 165, § 1, eff. July 1, 1992; Laws 2005, c. 115, § 1, eff. Nov. 1, 2005; Laws 2017, c. 259, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.3. State Board of Licensure for Professional Engineers and Land Surveyors.

A. The State Board of Licensure for Professional Engineers and Land Surveyors is hereby re-created, to continue until July 1, 2026, in accordance with the provisions of the Oklahoma Sunset Law, whose duty it shall be to administer the provisions of Section 475.1 et seq. of this title. The Board shall consist of four professional engineers and two professional land surveyors, at least one of whom is not a professional engineer, all of whom shall be appointed by the Governor, with the advice and consent of the Oklahoma State Senate. The Governor shall also appoint one lay member. The professional engineers and professional land surveyors shall be appointed by the Governor and shall have the qualifications required by Section 475.4 of this title.
B. Each member of the Board shall file with the Secretary of State a written oath or affirmation for the faithful discharge of official duties.
C. Appointments to the Board shall be in such manner and for such period of time so that no two terms, with the exception of the lay member, shall expire in the same year. On the expiration of the term of any member, except the lay member, the Governor shall in the manner herein provided appoint for a term of six (6) years a professional engineer or professional land surveyor having the qualifications required in Section 475.4 of this title. The lay member of the Board shall be appointed by the Governor to a term coterminous with that of the Governor. The lay member shall serve at the pleasure of the Governor. Provided, the lay member may continue to serve after the expiration of the member's term until such time as a successor is appointed. Members may be reappointed to succeed themselves. Each member may hold office until the expiration of the term for which appointed or until a successor has been duly appointed and has qualified. In the event of a vacancy on the Board due to resignation, death or for any cause resulting in an unexpired term, if not filled within three (3) months, the Board may appoint a provisional member to serve in the interim until the Governor acts.
Added by Laws 1968, c. 245, § 3, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, § 1, eff. July 1, 1980; Laws 1982, c. 297, § 3; Laws 1986, c. 31, § 1, eff. July 1, 1986; Laws 1992, c. 4, § 1; Laws 1992, c. 165, § 3, eff. July 1, 1992; Laws 1998, c. 37, § 1; Laws 2004, c. 26, § 1; Laws 2005, c. 115, § 3, eff. Nov. 1, 2005; Laws 2010, c. 33, § 1; Laws 2014, c. 56, § 1; Laws 2017, c. 259, § 3, eff. Nov. 1, 2017; Laws 2020, c. 116, § 2, eff. July 1, 2020; Laws 2023, c. 63, § 1.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.4. Qualifications of Board members.

Each professional engineer member of the Board shall be a citizen of the United States and resident of this state. The member shall have been engaged in the lawful practice of engineering as a professional engineer for at least ten (10) years. The member shall have been in responsible charge of engineering projects for at least five (5) years and shall be a licensed professional engineer in this state. Each professional land surveyor member of the Board shall be a citizen of the United States and a resident of this state. The member shall have been engaged in the lawful practice of land surveying as a professional land surveyor for at least ten (10) years. The member shall have been in responsible charge of land surveying projects for at least five (5) years and shall be a licensed professional land surveyor in this state.
Added by Laws 1968, c. 245, § 4, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 287, § 2, eff. July 1, 1980; Laws 1982, c. 297, § 4; Laws 1992, c. 165, § 4, eff. July 1, 1992; Laws 2005, c. 115, § 4, eff. Nov. 1, 2005; Laws 2017, c. 259, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.6. Removal of Board members - Vacancies.

The Governor may remove any member of the Board for misconduct, incompetence, neglect of duty or any sufficient cause, in the manner prescribed by law for removal of state officials. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 475.3 of this title.
Added by Laws 1968, c. 245, § 6, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 6; Laws 2005, c. 115, § 5, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.7. Meetings - Officers - Quorum.

The Board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the Board provide. The Board shall elect or appoint annually the following officers: Chair, Vice Chair, and Secretary. A quorum of the Board shall consist of a majority of the full Board that includes at least one professional land surveyor member.
Added by Laws 1968, c. 245, § 7, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 7; Laws 1992, c. 165, § 5, eff. July 1, 1992; Laws 2005, c. 115, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.9. Professional Engineers and Land Surveyors Fund - Expenditures - Audits.

A. The Executive Director of the State Board of Licensure for Professional Engineers and Land Surveyors shall be responsible for accounting for all monies derived under the provisions of Section 475.1 et seq. of this title. This fund shall be known as the "Professional Engineers and Land Surveyors Fund", and shall be deposited with the State Treasurer, and shall be paid out only upon requisitions submitted by the Secretary or Executive Director. All monies in this fund are hereby specifically appropriated for the use of the Board, and at the end of each fiscal year the Board shall pay into the General Revenue Fund of the state an amount equal to ten percent (10%) of all licensure and certification fees in compliance with Section 211 of Title 62 of the Oklahoma Statutes.
B. The Board shall obtain an office, secure such facilities, and employ, direct, discharge and define the duties and salaries of an Executive Director, Principal Assistant, Director of Enforcement, Board Investigator and all other such clerical or other assistants as are necessary for the proper performance of its work. Effective November 1, 2017, all employees of the Board, current or future, shall be considered in the unclassified service and shall not be placed under the classified service. The Board shall make expenditures from the fund created in subsection A of this section for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under Section 475.1 et seq. of this title, including examination administration fees, the expenses of the Board's delegates to meetings of and membership fees to the National Council of Examiners for Engineering and Surveying, meaning the national nonprofit organization composed of engineering and land surveying licensing boards commonly called NCEES, and any of its subdivisions, as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in Section 475.1 et seq. of this title exceed the amount of monies in the fund.
Added by Laws 1968, c. 245, § 9, emerg. eff. April 26, 1968. Amended by Laws 1980, c. 159, § 11, emerg. eff. April 2, 1980; Laws 1982, c. 297, § 9; Laws 1992, c. 165, § 7, eff. July 1, 1992; Laws 2005, c. 115, § 8, eff. Nov. 1, 2005; Laws 2008, c. 312, § 2, eff. Nov. 1, 2008; Laws 2010, c. 413, § 17, eff. July 1, 2010; Laws 2012, c. 139, § 3; Laws 2017, c. 259, § 6, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.10. Record of proceedings and applications - Evidentiary use - Annual reports - Confidentiality.

A. The State Board of Licensure for Professional Engineers and Land Surveyors shall keep a record of its proceedings and of all applications for licensure, which record shall show:
1. The name, date of birth and last-known mailing and email address of each applicant;
2. The date of application;
3. The place of business of the applicant;
4. The education, experience and other qualifications of the applicant;
5. The type of examination required;
6. Whether or not the applicant was rejected;
7. Whether or not a certificate of licensure was granted;
8. The date of the action of the Board; and
9. Such other information as may be deemed necessary by the Board.
B. The record of the Board shall be prima facie evidence of the proceedings of the Board and a transcript thereof, duly certified by the Secretary or Executive Director of the Board under seal, shall be admissible as evidence with the same force and effect as if the original were produced.
C. The Board shall submit, upon request from the Governor, a report of its transactions of the preceding year, including a complete statement of the receipts and expenditures of the Board, attested by affidavits of its Chair and its Secretary.
D. Board records and papers of the following class may be kept confidential by the Board: examination materials, file records of examination problem solutions, exam scores or results, letters of inquiry and reference concerning applicants, transcripts of college courses and grades, email addresses, ongoing investigation files, closed complaints, information otherwise protected by law and all other matters of like confidential nature.
Added by Laws 1968, c. 245, § 10, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 10; Laws 1992, c. 165, § 8, eff. July 1, 1992; Laws 2005, c. 115, § 9, eff. Nov. 1, 2005; Laws 2008, c. 312, § 3, eff. Nov. 1, 2008; Laws 2017, c. 259, § 7, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.11. Rosters.

Complete rosters showing the names and last-known mailing addresses of all professional engineers and professional land surveyors shall be maintained and made available to the licensees and the public.
Added by Laws 1968, c. 245, § 11, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 11; Laws 1992, c. 165, § 9, eff. July 1, 1992; Laws 2005, c. 115, § 10, eff. Nov. 1, 2005; Laws 2017, c. 259, § 8, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.13. Application form - Certified council record in lieu of form - Fees.

A. 1. Application for licensure as a professional engineer or professional land surveyor or certification as an engineer intern or land surveyor intern shall be on a form prescribed and furnished by the Board. It shall contain statements made under oath, showing the applicant's education and a detailed summary of technical and engineering or land surveying experience and shall include the names and complete mailing addresses of the references, none of whom may be members of the Board or immediate family members of the applicant.
2. The Board may accept the certified information contained in a valid council record issued by the National Council of Examiners for Engineering and Surveying for professional engineer or professional land surveyor applicants in lieu of the same information that is required on the form prescribed and furnished by the Board.
B. 1. The application fees shall be established by Board rules.
2. The certification fee for a firm shall be established by Board rules.
3. Should the Board deny the issuance of a certificate of licensure to any applicant, including the application of a firm for a certificate of authorization, the fee shall be retained as an application fee.
Added by Laws 1968, c. 245, § 13, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 13; Laws 1992, c. 165, § 11, eff. July 1, 1992; Laws 2005, c. 115, § 12, eff. Nov. 1, 2005; Laws 2008, c. 312, § 5, eff. Nov. 1, 2008; Laws 2017, c. 259, § 12, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.14. Examinations.

A. Examinations shall be held at such times and places as the Board directs.
B. Examinations may be taken only after the applicant has met other minimum requirements as set forth in Sections 9, 10 and 11 of this act, and has been authorized to seek admission through NCEES or approved by the Board for admission to one or more of the following examinations:
1. Fundamentals of Engineering;
2. Principles and Practice of Engineering;
3. Structural Engineering;
4. Fundamentals of Surveying;
5. Principles and Practice of Surveying;
6. Oklahoma Law and Surveying; and
7. Oklahoma Law and Engineering.
C. A candidate failing an examination may apply for the next available examination, as prescribed by NCEES policies and procedures, which may be granted upon payment of an application fee established by the Board if applicable.
D. The applicant shall pay all fees established by the Board for examination documents and grading. The required fees shall be paid by the applicant in advance of the examination.
E. The Board may prepare and adopt specifications for the examinations in engineering and land surveying. They shall be made available to the public and to any person interested in being licensed as a professional engineer or as a professional land surveyor.
F. For any examination that is administered by NCEES using computer-based testing, a candidate shall only be admitted pursuant to Board policy and administered the examination during a specified time period as frequently as prescribed by NCEES policies and procedures.
Added by Laws 1968, c. 245, § 14, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 14; Laws 1992, c. 165, § 12, eff. July 1, 1992; Laws 2005, c. 115, § 13, eff. Nov. 1, 2005; Laws 2008, c. 312, § 6, eff. Nov. 1, 2008; Laws 2012, c. 139, § 5; Laws 2017, c. 259, § 13, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.15. Certificate of licensure - Seal - Intern certificate.

A. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate of licensure giving the licensee proper authority to practice in this state. The certificate of licensure for a professional engineer shall carry the designation "Professional Engineer" and for a professional land surveyor, "Professional Land Surveyor". It shall give the full name of the licensee with the licensure number and shall be signed by the Chair and the Secretary under the seal of the Board.
B. This certificate shall be prima facie evidence that the person named thereon is entitled to all rights, privileges and responsibilities of a professional engineer or professional land surveyor, while the certificate remains unrevoked and unexpired.
C. Each licensee hereunder may, upon licensure, obtain a seal, the design and use of which are described in Board rules. It shall be unlawful for a licensee to affix, or permit his or her seal or signature to be affixed, to any document after the expiration or revocation of a license, or for the purpose of aiding or abetting any other person to evade or attempt to evade any provision of Section 475.1 et seq. of this title. Whenever the seal is applied, the document must be signed by the licensee thereby certifying that he or she is competent in the subject matter and was in responsible charge of the work product. Documents must be sealed and signed in accordance with the Board rules whenever presented to a client, a user or any public or governmental agency. Whenever the seal is applied, the signature of the licensee and date of signature shall be placed adjacent to or across the seal. Drawings, reports or documents that are signed using a digital or electronic signature must be done in a manner that is in direct control and personal supervision of the professional engineer or professional land surveyor and must conform to the specifications in the Board rules regarding digital or electronic signatures.
D. A professional engineer, professional land surveyor or firm shall retain a hard copy or electronic copy of all technical submissions produced for a minimum of ten (10) years following the date of preparation.
E. The Board shall issue to any applicant who, in the opinion of the Board, has met the requirements of Section 475.1 et seq. of this title, a certificate as an engineer intern or land surveyor intern which indicates that his or her name has been recorded as such in the Board office. The engineer intern or land surveyor intern certificate does not authorize the holder to practice as a professional engineer or professional land surveyor.
Added by Laws 1968, c. 245, § 15, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 15; Laws 1992, c. 165, § 13, eff. July 1, 1992; Laws 2005, c. 115, § 14, eff. Nov. 1, 2005; Laws 2008, c. 312, § 7, eff. Nov. 1, 2008; Laws 2012, c. 139, § 6; Laws 2017, c. 259, § 14, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.16. Terms of certificates – Maintaining certificates.

A. The Board shall issue certificates of licensure and certificates of authorization for firms for a term of twenty-four (24) months.
B. It shall be the duty of the Executive Director to notify every person licensed under Section 475.1 et seq. of this title, and every firm holding a certificate of authorization under Section 475.1 et seq. of this title, of the date of the expiration of the certificate of licensure or certificate of authorization, and the amount of the fee required for its renewal.
C. Renewal may be effected at any time prior to or during the month of expiration by the payment of a fee as established by the Board. Renewal of an expired certificate may be effected under rules promulgated by the Board regarding requirements for reexamination and penalty fees.
D. If a licensee is granted inactive status, the licensee may return to active status by notifying the Board in advance of his or her intention, by paying appropriate fees and by meeting all requirements of the Board, including demonstration of continuing professional competency as a condition of reinstatement.
E. Every licensee is required to comply with the Board's rules regarding continuing education or meet the Model NCEES Continuing Professional Competency standard requirement, which is equivalent to fifteen (15) professional development hours per calendar year with no allowable carryover, as a condition of license renewal.
Added by Laws 1968, c. 245, § 16, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 16; Laws 1992, c. 165, § 14, eff. July 1, 1992; Laws 2005, c. 115, § 15, eff. Nov. 1, 2005; Laws 2017, c. 259, § 15, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.17. Lost or destroyed certificates - Replacement.

A new certificate of licensure or certificate of authorization, to replace any certificate lost, destroyed or mutilated, may be issued, subject to the rules of the Board.
Added by Laws 1968, c. 245, § 17, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 17; Laws 2005, c. 115, § 16, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.19. Allegations of violations - Notice and hearing - Appeal.

A. Investigations and inquiries concerning the professional licensed activities of licensees, or any person or entity who may be in violation of the Board's statutes and rules, may be initiated pursuant to the request of the Investigative Committee or the public. In the event of such an investigation, all licensees have a duty to provide all information requested by the Board within thirty (30) days or a later time if agreed to by the licensee and the Board. All allegations shall be timely investigated by the Board and, unless determined unfounded or trivial by the Board, or unless settled by mutual accord, shall be filed as a formal notice of charges by the Board.
B. The time and place for the hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last-known address of such person, licensee, or entity at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses in their defense, and to produce evidence and witnesses in their own defense. If the accused fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.
C. If, after such hearing, a majority of the quorum of the empaneled Board vote in favor of sustaining any one or more of the charges, the Board shall reprimand, fine for each count or separate offense, levy administrative penalties pursuant to Section 475.20 of this title, place on probation for a period of time and subject to such conditions as the Board may specify, refuse to issue, restore, renew, suspend or revoke the individual's certificate of licensure, or the firm's certificate of authorization.
D. Any named respondent aggrieved by any action of the Board in levying a fine, denying, suspending, refusing to issue, restore or renew or revoking the certificate of licensure of the person, or its certificate of authorization, may appeal therefrom to the proper court under normal civil procedures.
E. The Board may, upon petition of an individual licensee or firm holding a certificate of authorization, reissue a certificate of licensure or authorization, provided that a majority of the members of the Board vote in favor of such issuance.
Added by Laws 1968, c. 245, § 19, emerg. eff. April 26, 1968. Amended by Laws 1982, c. 297, § 19; Laws 1992, c. 165, § 16, eff. July 1, 1992; Laws 2005, c. 115, § 18, eff. Nov. 1, 2005; Laws 2008, c. 312, § 9, eff. Nov. 1, 2008; Laws 2017, c. 259, § 17, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-475.22a. Land surveying documents - Conditions of filing.

It shall be unlawful for the registrar of deeds or the county clerk of any county or proper public authority to file any map, plat, survey or other documents within the definition of land surveying which do not have impressed thereon and affixed thereto the personal signature and seal of a professional land surveyor by whom or under whose direct supervision the map, plat, survey or other documents were prepared.
Added by Laws 1982, c. 297, § 23. Amended by Laws 1992, c. 165, § 20, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-478. Definitions.

As used in Section 478.1 of this title, "telemedicine" means technology-enabled health and care management and delivery systems that extend capacity and access, which includes:
a.
synchronous mechanisms, which may include live audiovisual interaction between a patient and a health care professional or real-time provider to provider consultation through live interactive audiovisual means,
b.
asynchronous mechanisms, which include store and forward transfers, online exchange of health information between a patient and a health care professional and online exchange of health information between health care professionals, but shall not include the use of automated text messages or automated mobile applications that serve as the sole interaction between a patient and a health care professional,
c.
remote patient monitoring, and
d.
other electronic means that support clinical health care, professional consultation, patient and professional health-related education, public health and health administration.
Added by Laws 2017, c. 228, § 1, eff. Nov. 1, 2017. Amended by Laws 2021, c. 293, § 3, eff. Nov. 1, 2021.