EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 348
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
1299S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 333.041 and 333.042, RSMo, and to enact in lieu thereof two new sections
relating to funeral directors and embalmers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 333.041 and 333.042, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 333.041 and 333.042, to read as follows:3
333.041. 1. [Each applicant for a license to practice 1
funeral directing shall furnish evidence to establish to the 2
satisfaction of the board that he or she is at least 3
eighteen years of age, and possesses a high school diploma, 4
a general equivalency diploma, or equivalent thereof, as 5
determined, at its discretion, by the board. 6
2. Every person desiring to enter the profession of 7
embalming dead human bodies within the state of Missouri and 8
who is enrolled in a program accredi ted by the American 9
Board of Funeral Service Education, any successor 10
organization, or other accrediting entity as approved by the 11
board shall register with the board as a practicum student 12
upon the form provided by the board. After such 13
registration, a student may assist, under the direct 14
supervision of Missouri licensed embalmers and funeral 15
directors, in Missouri licensed funeral establishments, 16
while serving his or her practicum. The form for 17 SB 348 2
registration as a practicum student shall be accom panied by 18
a fee in an amount established by the board. 19
3.] Each applicant for a student license to practice 20
embalming shall submit an application to the state board of 21
embalmers and funeral directors, pay all application fees, 22
and furnish evidence to establish to the satisfaction of the 23
board that he or she: 24
(1) Is at least eighteen years of age, and possesses a 25
high school diploma, a general equivalency diploma, or 26
equivalent thereof, as determined, at its discretion, by the 27
board; and 28
(2) Is currently enrolled in a funeral service 29
education program or has completed a funeral service 30
education program accredited by the American Board of 31
Funeral Service Education, any successor organization, or 32
other accrediting entity as approv ed by the board. [If an 33
applicant does not complete all requirements for licensure 34
within five years from the date of his or her completion of 35
an accredited program, his or her registration as an 36
apprentice embalmer shall be automatically cancelled. The 37
applicant shall be required to file a new application and 38
pay applicable fees. No previous apprenticeship shall be 39
considered for the new application; 40
(3) Upon due examination administered by the board, is 41
possessed of a knowledge of the sub jects of embalming, 42
anatomy, pathology, bacteriology, mortuary administration, 43
chemistry, restorative art, together with statutes, rules 44
and regulations governing the care, custody, shelter and 45
disposition of dead human bodies and the transportation 46
thereof or has passed the national board examination of the 47
Conference of Funeral Service Examining Boards. If any 48
applicant fails to pass the state examination, he or she may 49 SB 348 3
retake the examination at the next regular examination 50
meeting. The applicant shall notify the board office of his 51
or her desire to retake the examination at least thirty days 52
prior to the date of the examination. Each time the 53
examination is retaken, the applicant shall pay a new 54
examination fee in an amount established by the board; 55
(4) Has been employed full time in funeral service in 56
a licensed funeral establishment and has personally embalmed 57
at least twenty-five dead human bodies under the personal 58
supervision of an embalmer who holds a current and valid 59
Missouri embalmer's license during an apprenticeship of not 60
less than twelve consecutive months. "Personal supervision" 61
means that the licensed embalmer shall be physically present 62
during the entire embalming process in the first six months 63
of the apprenticeship period and physically present at the 64
beginning of the embalming process and available for 65
consultation and personal inspection within a period of not 66
more than one hour in the remaining six months of the 67
apprenticeship period. All transcripts and other records 68
filed with the board shall become a part of the board files. ] 69
2. After a student's application has been approved by 70
the board, student licensees who are enrolled in a funeral 71
service education program may assist, under the direct 72
supervision of an embalmer licensed under this chapter, in 73
an establishment licensed for embalming under this chapter. 74
Student licensees shall not assist when not under such 75
supervision. 76
3. In order to be eligible for full licensure, a 77
student licensee shall, after completing a funeral service 78
education program accredited by the American Board of 79
Funeral Service Education, any successor organization, or 80
other accrediting entity as approved by the board, 81 SB 348 4
demonstrate that he or she has comple ted a qualifying 82
apprenticeship of no less than six months, has personally 83
embalmed at least twenty -five dead human bodies under the 84
personal supervision of an embalmer who is licensed under 85
this chapter, and has passed the National Board or State 86
Board Science examination and the Missouri law examination. 87
Persons licensed under this subsection may, at their 88
election and at any time, sit for the National Board or 89
State Board Arts examination for the purpose of potential 90
reciprocity with any other state that may require such 91
examination. 92
4. If the applicant does not complete the application 93
process within the five years after his or her completion of 94
an approved program, then he or she must file a new 95
application and no fees paid previousl y shall apply toward 96
the license fee. 97
5. Examinations required by this section and section 98
333.042 shall be held at least twice a year at times and 99
places fixed by the board. The board shall by rule and 100
regulation prescribe the standard for succ essful completion 101
of the examinations. 102
6. Upon establishment of his or her qualifications as 103
specified by this section or section 333.042, the board 104
shall issue to the applicant a license to practice funeral 105
[directing or] embalming[, as the case may require,] and 106
shall register the applicant as a duly licensed [funeral 107
director or a duly licensed ] embalmer. Any person having 108
the qualifications required by this section and section 109
333.042 may be granted both a license to practice funeral 110
directing and to practice embalming. 111
7. [The board shall, upon request, waive any 112
requirement of this chapter and issue a temporary funeral 113 SB 348 5
director's license, valid for six months, to the surviving 114
spouse or next of kin or the personal representativ e of a 115
licensed funeral director, or to the spouse, next of kin, 116
employee or conservator of a licensed funeral director 117
disabled because of sickness, mental incapacity or injury ] 118
For purposes of this section, a qualifying apprenticeship is 119
one in which the applicant devoted at least thirty hours per 120
week to his or her duties as an apprentice under the direct 121
supervision of an embalmer licensed under this chapter in a 122
funeral establishment licensed to embalm dead human bodies. 123
"Direction supervisio n" means that the licensed embalmer is 124
physically present with the apprentice and the dead human 125
body at the beginning of the embalming and within the same 126
building where the embalming is taking place for the entire 127
embalming. 128
333.042. 1. Every person desiring to engage in the 1
practice of funeral directing as an apprentice in this state 2
shall obtain a provisional funeral director license from the 3
board. To apply for a provisional license, the applicant 4
shall make application wi th the state board of embalmers and 5
funeral directors, pay the current application fees, and 6
furnish evidence to establish to the satisfaction of the 7
board that he or she: 8
(1) Is at least eighteen years of age; and 9
(2) Will work as an appr entice funeral director under 10
personal supervision of a funeral director licensed under 11
this chapter. The applicant shall provide to the board the 12
name and license number of the funeral director performing 13
his or her supervision and the location where the applicant 14
will practice. 15
2. An applicant for a provisional funeral director 16
license under subsection 1 of this section shall have twenty - 17 SB 348 6
four months to complete the requirements for licensure under 18
this section. If the applicant fails to co mplete the 19
requirements within such period, the application for 20
licensure shall be cancelled. If the application is 21
cancelled, the applicant shall be required to file a new 22
application and pay applicable fees. No previous 23
apprenticeship shall be con sidered for the new application. 24
3. Every person desiring to enter the profession of 25
funeral directing in this state shall make application with 26
the state board of embalmers and funeral directors [and], 27
pay the current application and examination fees[. Except 28
as otherwise provided in section 41.950, applicants not 29
entitled to a license pursuant to section 333.051 or 324.009 30
shall serve an apprenticeship for at least twelve 31
consecutive months in a funeral establishment licensed for 32
the care and preparation for burial and transportation of 33
the human dead in this state or in another state which has 34
established standards for admission to practice funeral 35
directing equal to, or more stringent than, the requirements 36
for admission to practice fu neral directing in this state. 37
The applicant shall devote at least fifteen hours per week 38
to his or her duties as an apprentice under the supervision 39
of a Missouri licensed funeral director. Such applicant 40
shall submit proof to the board, on forms pr ovided by the 41
board, that the applicant has arranged and conducted ten 42
funeral services during the applicant's apprenticeship under 43
the supervision of a Missouri licensed funeral director. 44
Upon completion of the apprenticeship, the applicant shall 45
appear before the board to be tested on the applicant's 46
legal and practical knowledge of funeral directing, funeral 47
home licensing, preneed funeral contracts and the care, 48
custody, shelter, disposition and transportation of dead 49 SB 348 7
human bodies. Upon acceptance of the application and fees 50
by the board, an applicant shall have twenty -four months to 51
successfully complete the requirements for licensure found 52
in this section or the application for licensure shall be 53
cancelled. 54
2. If a person applies f or a limited license to work 55
only in a funeral establishment which is licensed only for 56
cremation, including transportation of dead human bodies to 57
and from the funeral establishment, he or she shall make 58
application, pay the current application and ex amination fee 59
and successfully complete the Missouri law examination. He 60
or she shall be exempt from the twelve -month apprenticeship 61
required by subsection 1 of this section and the practical 62
examination before the board. If a person has a limited 63
license issued pursuant to this subsection, he or she may 64
obtain a full funeral director's license if he or she 65
fulfills the apprenticeship and successfully completes the 66
funeral director practical examination. 67
3. If an individual is a Missouri lic ensed embalmer or 68
has completed a program accredited by the American Board of 69
Funeral Service Education, any successor organization, or 70
other accrediting entity as approved by the board or has 71
successfully completed a course of study in funeral 72
directing offered by an institution accredited by a 73
recognized national, regional or state accrediting body and 74
approved by the state board of embalmers and funeral 75
directors, and desires to enter the profession of funeral 76
directing in this state, the indivi dual shall comply with 77
all the requirements for licensure as a funeral director 78
pursuant to subsection 1 of section 333.041 and subsection 1 79
of this section; however, the individual is exempt from the 80
twelve-month apprenticeship required by subsection 1 of this 81 SB 348 8
section.], and furnish evidence to establish to the 82
satisfaction of the board that he or she: 83
(1) Is at least eighteen years of age and possesses a 84
high school diploma, a general equivalency diploma, or 85
equivalent thereof, as determined , at its discretion, by the 86
board; 87
(2) Has successfully completed: 88
(a) A program accredited by the American Board of 89
Funeral Service Education, any successor organization, or 90
other accrediting entity as approved by the board; 91
(b) A course of study in funeral directing offered by 92
an institution accredited by a recognized national, 93
regional, or state accrediting body and approved by the 94
state board of embalmers or funeral directors; or 95
(c) A qualifying apprenticeship for at least twelve 96
months during which the applicant establishes to the 97
satisfaction of the board that he or she has conducted and 98
arranged at least ten funerals; and 99
(3) Has passed the National Board or State Board Arts 100
examination and the Missouri law exa mination. In lieu of 101
passing the National Board or State Board Arts examination, 102
the applicant may complete a qualifying apprenticeship for 103
at least twelve months, during which the applicant 104
establishes to the satisfaction of the board that he or she 105
has conducted and arranged at least twenty -five funerals. 106
Persons licensed under this subdivision may, at their 107
election and at any time, sit for the National Board or 108
State Board Arts examination for the purpose of potential 109
reciprocity with any oth er state that may require such 110
examination. 111
4. Upon establishment of his or her qualifications as 112
specified by this section or section 333.041, the board 113 SB 348 9
shall issue to the applicant a license to practice funeral 114
directing and shall register the applicant as a duly 115
licensed funeral director. Any person having the 116
qualifications required by this section and section 333.041 117
may be granted both a license to practice funeral directing 118
and to practice embalming. 119
5. Every person desiring to o btain a funeral director 120
limited license in this state shall make application with 121
the state board of embalmers and funeral directors, pay the 122
current application fees, and furnish evidence to establish 123
to the satisfaction of the board that he or she: 124
(1) Is at least eighteen years of age; and 125
(2) Has successfully completed the Missouri law 126
examination. 127
6. A person holding a funeral director limited license 128
shall not be authorized to practice funeral directing in the 129
state, except as follows: 130
(1) He or she may work in a funeral establishment 131
licensed only for cremation, including transportation of 132
dead human bodies to and from the funeral establishment; and 133
(2) He or she may perform cremations and duties 134
relating to cremations. 135
7. If a person has a funeral director limited license 136
issued under this section, he or she may obtain a full 137
funeral director's license by fulfilling the apprenticeship 138
requirements of subsection 3 of this section or by 139
successfully completing a program accredited by the American 140
Board of Funeral Service Education, any successor 141
organization, or other accrediting entity as approved by the 142
board. 143
8. For purposes of this section, a "qualifying 144
apprenticeship" means one in which t he applicant devoted at 145 SB 348 10
least fifteen hours per week to his or her duties as an 146
apprentice under the personal supervision of a funeral 147
director licensed under this chapter in a funeral 148
establishment licensed for the care and preparation for 149
burial and transportation of the human dead under this 150
chapter. "Personal supervision" means that the licensed 151
funeral director shall be physically present during any 152
arrangement conferences, but such person shall not be 153
required to be present in the building w hen the apprentice 154
performs any other functions relating to the practice of 155
funeral directing. 156