The following prohibited acts shall constitute grounds for
the suspension or revocation of any license or registration issued by the
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.
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.
(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.
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.
Statement of goods and services
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:
funeral goods and funeral services selected by that person and the prices to be
paid for each of them;
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;
(C) the total cost of the goods
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.
Non-licensed director. The
practice of funeral directing by an individual not licensed as funeral
embalming. Embalming of any dead human remains by an individual not
licensed as an embalmer.
Non-registered apprentice. The holding out by any person that such
person is an active registered apprentice when such person is not an active
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.
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. §
cremating dead human remains without express written approval of the
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.
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
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.
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.
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.
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.
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.
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
Support Statute. Failure to comply with the child support statute
provisions of 43 O.S. §
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.
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.
Investigation. Destruction of evidence, tampering with or intimidating
witnesses, or refusal to allow access to relevant files or facilities in any
Forgery. Creating a false document, fraudulently altering a
document, or writing a false signature upon any document.
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.
Licensing Exam Invalidation. Having test scores on a licensing
exam invalidated as determined by the body administering the exam.
Violation Of Any Of The Ethics
(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
(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.
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
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.
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.
A licensee shall protect from disclosure confidential information pertaining to
the deceased or the family of the deceased except when requested by the
(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
(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
(vi) A licensee shall not
engage in any activity that constitutes dishonesty, misrepresentation, or fraud
while performing as a licensee.
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