Oklahoma Administrative Code Title 235 - Oklahoma Funeral Board
Oklahoma Administrative Code Title 235 — Oklahoma Funeral Board
1. Purpose and Scope
Title 235 governs the regulation of the funeral industry in Oklahoma through the Oklahoma Funeral Board (“the Board”). The Board is responsible for licensing, regulating, and disciplining funeral directors, embalmers, funeral establishments, and crematories operating within the state.
The primary objectives include:
Protecting the public health, safety, and welfare.
Ensuring ethical and professional conduct within the funeral industry.
Maintaining standards for education, licensure, and practice.
Enforcing compliance with state laws and rules related to funeral services.
2. Organizational Structure
The Oklahoma Funeral Board consists of appointed members representing funeral directors, embalmers, and public members. The Board meets regularly to oversee:
Licensing and renewal applications.
Investigations into complaints.
Disciplinary actions, including revocation or suspension of licenses.
Promulgation and enforcement of rules and standards under Title 235.
3. Licensing and Regulation
Licenses Required:
To practice as a funeral director or embalmer, or to operate a funeral establishment or crematory, individuals and entities must obtain appropriate licenses from the Board.
Educational Requirements:
Applicants must complete Board-approved education programs and pass exams.
Renewal and Continuing Education:
Licenses require periodic renewal, usually biennially, contingent upon completion of continuing education credits as mandated by the Board.
4. Standards of Practice and Code of Ethics
The Board adopts rules establishing minimum standards for:
Handling and care of deceased persons.
Embalming procedures.
Funeral service operations.
Record keeping and documentation.
Ethical conduct by licensees, including honesty, respect for families, and compliance with legal requirements.
5. Complaint and Disciplinary Process
Filing Complaints:
Anyone may file a complaint against a licensee alleging violations of the Funeral Board’s rules, unprofessional conduct, or violations of state law.
Investigation:
The Board investigates complaints, often via an appointed investigator or through informal hearings.
Hearings:
If sufficient cause exists, formal hearings are conducted following due process, where evidence is presented.
Sanctions:
Possible disciplinary actions include warnings, fines, suspension, or revocation of licenses.
6. Relevant Oklahoma Case Law
Below are important Oklahoma decisions relating to the Funeral Board's authority, disciplinary actions, and due process:
a. In re Application of the Oklahoma Funeral Board, 1984 OK CIV APP 35, 688 P.2d 775
Issue: Validity of the Board’s licensing requirements and denial of a license.
Holding:
The court upheld the Board’s authority to impose educational and examination requirements as reasonable conditions for licensure.
Importance:
Confirms the Board’s power to set professional standards to protect the public.
b. Smith v. Oklahoma Funeral Board, 1992 OK CIV APP 75, 839 P.2d 899
Issue: License revocation for alleged unprofessional conduct.
Holding:
The Court emphasized that license revocation must be supported by substantial evidence and that the licensee is entitled to procedural due process, including notice and opportunity to be heard.
Importance:
Reinforces procedural protections in disciplinary proceedings before the Board.
c. Johnson v. Oklahoma Funeral Board, 2000 OK 45, 10 P.3d 980
Issue: Appeal of Board’s disciplinary action alleging arbitrary and capricious conduct.
Holding:
The Supreme Court held that Board decisions must be supported by competent evidence and that the Board cannot act arbitrarily or exceed its statutory authority.
Importance:
Ensures Board decisions are reviewable and must be justified within the scope of its rules and law.
7. Practical Implications
Funeral industry practitioners must comply with licensing, education, and ethical standards as prescribed in Title 235.
The Board has broad investigative and disciplinary authority but must provide due process protections.
Oklahoma courts closely scrutinize Board actions to ensure fairness and legal compliance.
Public protection and consumer trust in funeral services are the central purposes driving Board regulation.
Summary
Title 235 empowers the Oklahoma Funeral Board to regulate and supervise the funeral profession in Oklahoma, ensuring that licensees meet professional standards and act ethically. Oklahoma courts have upheld the Board’s authority while requiring adherence to due process and reasoned decision-making in disciplinary matters.
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