Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 1 - General Provisions › Section 235:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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.
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