Missouri 2024 2024 Regular Session

Missouri Senate Bill SB1052 Introduced / Bill

Filed 12/06/2023

                     
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
SECOND REGULAR SESSION 
SENATE BILL NO. 1052 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR TRENT. 
4307S.02I 	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 embalmers and funeral directors, with a delayed effective date. 
 
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repealed and two new sections enacted in lieu thereof, to be 2 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 Missour i and  8 
who is enrolled in a program accredited 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 1052 	2 
registration as a practicum student shall be accompanied 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 board, pay all 21 
application fees, and furnish evidence to establish to the 22 
satisfaction of the board that he or she: 23 
     (1)  Is at least eighteen years of age, and possesses a 24 
high school diploma, a general equivalency diploma, or 25 
equivalent thereof, as determined, at its discretion, by the 26 
board; and 27 
     (2)  Is currently enrolled in a funeral service 28 
education program or has completed a funeral service 29 
education program accredited by the American Board of 30 
Funeral Service Education, any successor organization, or 31 
other accrediting entity as appro ved by the board.  [If an  32 
applicant does not complete all requirements for licensure 33 
within five years from the date of his or her completion of 34 
an accredited program, his or her registration as an 35 
apprentice embalmer shall be automatically cancelled.  The  36 
applicant shall be required to file a new application and 37 
pay applicable fees.  No previous apprenticeship shall be 38 
considered for the new application; 39 
     (3)  Upon due examination administered by the board, is 40 
possessed of a knowledge of the su bjects of embalming, 41 
anatomy, pathology, bacteriology, mortuary administration, 42 
chemistry, restorative art, together with statutes, rules 43 
and regulations governing the care, custody, shelter and 44 
disposition of dead human bodies and the transportation 45 
thereof or has passed the national board examination of the 46 
Conference of Funeral Service Examining Boards.  If any  47 
applicant fails to pass the state examination, he or she may 48 
retake the examination at the next regular examination 49   SB 1052 	3 
meeting.  The applicant shall notify the board office of his 50 
or her desire to retake the examination at least thirty days 51 
prior to the date of the examination.  Each time the  52 
examination is retaken, the applicant shall pay a new 53 
examination fee in an amount established by the board; 54 
     (4)  Has been employed full time in funeral service in 55 
a licensed funeral establishment and has personally embalmed 56 
at least twenty-five dead human bodies under the personal 57 
supervision of an embalmer who holds a current and valid 58 
Missouri embalmer's license during an apprenticeship of not 59 
less than twelve consecutive months.  "Personal supervision" 60 
means that the licensed embalmer shall be physically present 61 
during the entire embalming process in the first six months 62 
of the apprenticeship period and physically present at the 63 
beginning of the embalming process and available for 64 
consultation and personal inspection within a period of not 65 
more than one hour in the remaining six months of the 66 
apprenticeship period.  All transcripts and other records  67 
filed with the board shall become a part of the board files. ] 68 
     2.  After a student's application has been approved by 69 
the board, student licensees who are enrolled in or have 70 
completed a funeral service education program may assist ,  71 
under the direct supervision of an embalmer licensed 72 
pursuant to this chapter, in an establishment licensed for 73 
embalming pursuant to this chapter.  Student licensees shall 74 
not assist when not under such supervision.  Each student  75 
license is only authorized to work at establishments and 76 
under only those embalmers licensed with the board. 77 
     3.  In order to be eligible for full licensure, a 78 
student licensee shall: 79 
     (1)  Submit an official transcript to the board after 80 
completing a funeral ser vice education program accredited by 81   SB 1052 	4 
the American Board of Funeral Service Education, any 82 
successor organization, or any other accrediting entity as 83 
approved by the board; 84 
     (2)  Demonstrate that he or she has completed a 85 
qualifying apprenticeship o f no less than six months; 86 
     (3)  Demonstrate that he or she has personally embalmed 87 
at least twenty-five dead human bodies under the supervision 88 
of an embalmer who is licensed pursuant to this chapter, the 89 
first twelve of which shall be under the di rect supervision  90 
of the licensed embalmer; and 91 
     (4)  Pass the National Board Examination - Sciences and  92 
the Missouri law examination, and if required to 93 
successfully complete the student licensee's funeral service 94 
education program, the National Bo ard Examination - Arts or  95 
the State Board Examination - Arts. 96 
Persons licensed pursuant to this subsection may, at his or 97 
her election and at any time, sit for the National Board 98 
Examination - Arts for the purpose of potential reciprocity 99 
with any other state that may require such examination.  The  100 
licensed embalmer supervising a student licensee shall 101 
inspect all bodies embalmed by the student licensee.  The  102 
term "direct supervision" as used in this subsection means 103 
that the licensed embalmer is ph ysically present with the 104 
student licensee and the dead human body at the beginning of 105 
the embalming process and available for consultation within 106 
one hour for the remainder of the embalming process. 107 
     4.  [If the applicant does not complete the appl ication  108 
process within the five years after his or her completion of 109 
an approved program, then he or she must file a new 110 
application and no fees paid previously shall apply toward 111 
the license fee. 112   SB 1052 	5 
     5.  Examinations required by this section and sect ion  113 
333.042 shall be held at least twice a year at times and 114 
places fixed by the board.  The board shall by rule and 115 
regulation prescribe the standard for successful completion 116 
of the examinations. 117 
     6.  Upon establishment of his or her qualificatio ns as  118 
specified by this section or section 333.042, the board 119 
shall issue to the applicant a license to practice funeral 120 
directing or embalming, as the case may require, and shall 121 
register the applicant as a duly licensed funeral director 122 
or a duly licensed embalmer.  Any person having the 123 
qualifications required by this section and section 333.042 124 
may be granted both a license to practice funeral directing 125 
and to practice embalming. 126 
     7.  The board shall, upon request, waive any 127 
requirement of this chapter and issue a temporary funeral 128 
director's license, valid for six months, to the surviving 129 
spouse or next of kin or the personal representative of a 130 
licensed funeral director, or to the spouse, next of kin, 131 
employee or conservator of a licen sed funeral director 132 
disabled because of sickness, mental incapacity or injury ] A  133 
student licensee shall have five years to successfully 134 
complete the requirements for licensure provided by this 135 
section.  If the student licensee fails to complete the 136 
requirements within five years, the application for 137 
licensure shall be cancelled.  If the application is 138 
cancelled, the student licensee shall be required to file a 139 
new application and pay any applicable fees.  No previous  140 
apprenticeship shall be consid ered for the new application.   141 
If the student licensee completes the requirements prior to 142 
the expiration of five years, the student licensee can apply 143 
for an embalmer's license. 144   SB 1052 	6 
     5.  For purposes of this section, a qualifying 145 
embalmer's apprentice ship is one that meets the minimum hour 146 
requirements as set by the board and where the supervising 147 
embalmer has attested that the student licensee has obtained 148 
the minimal required skills to practice embalming . 149 
     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 with the board, pay the current  5 
application fees, and furnish evidence to establish to the 6 
satisfaction of the board that he or she:   7 
     (1)  Is at least eighteen years of age; and 8 
     (2)  Will work as an apprentice funeral director under 9 
personal supervision of a fu neral director licensed pursuant 10 
to this chapter.  The applicant shall provide to the board 11 
the name and license number of the funeral director who will 12 
perform his or her supervision and the location where the 13 
applicant will practice.  The supervising funeral director  14 
shall attest to the board that the apprenticeship will meet 15 
the requirements of this section. 16 
The term "personal supervision" as used in this subsection 17 
means that the licensed funeral director shall be physically 18 
present in the build ing during any arrangement conferences, 19 
but the licensed funeral director shall not be required to 20 
be present in the building when the apprentice performs any 21 
other functions relating to the practice of funeral 22 
directing. 23 
     2.  An applicant for a pr ovisional funeral director 24 
license under subsection 1 of this section shall have three 25 
years to complete the requirements for licensure under this 26   SB 1052 	7 
section.  If the applicant fails to complete the 27 
requirements within three years, the application for 28 
licensure shall be cancelled.  If the application is 29 
cancelled, the applicant shall be required to file a new 30 
application and pay any applicable fees.  No previous  31 
apprenticeship shall be considered for the new application. 32 
     3.  Every person desiring to enter the profession of 33 
funeral directing in this state shall make application with 34 
the [state] board [of embalmers and funeral directors and ],  35 
pay the current application [and examination] fees[.  Except  36 
as otherwise provided in section 41.950, app licants not  37 
entitled to a license pursuant to section 333.051 or 324.009 38 
shall serve an apprenticeship for at least twelve 39 
consecutive months in a funeral establishment licensed for 40 
the care and preparation for burial and transportation of 41 
the human dead in this state or in another state which has 42 
established standards for admission to practice funeral 43 
directing equal to, or more stringent than, the requirements 44 
for admission to practice funeral directing in this state.   45 
The applicant shall devote at least fifteen hours per week 46 
to his or her duties as an apprentice under the supervision 47 
of a Missouri licensed funeral director.  Such applicant  48 
shall submit proof to the board, on forms provided by the 49 
board, that the applicant has arranged and co nducted ten  50 
funeral services during the applicant's apprenticeship under 51 
the supervision of a Missouri licensed funeral director.   52 
Upon completion of the apprenticeship, the applicant shall 53 
appear before the board to be tested on the applicant's 54 
legal and practical knowledge of funeral directing, funeral 55 
home licensing, preneed funeral contracts and the care, 56 
custody, shelter, disposition and transportation of dead 57 
human bodies.  Upon acceptance of the application and fees 58   SB 1052 	8 
by the board, an applican t shall have twenty-four months to  59 
successfully complete the requirements for licensure found 60 
in this section or the application for licensure shall be 61 
cancelled. 62 
     2.  If a person applies for a limited license to work 63 
only in a funeral establishmen t which is licensed only for 64 
cremation, including transportation of dead human bodies to 65 
and from the funeral establishment, he or she shall make 66 
application, pay the current application and examination fee 67 
and successfully complete the Missouri law ex amination.  He  68 
or she shall be exempt from the twelve -month apprenticeship 69 
required by subsection 1 of this section and the practical 70 
examination before the board.  If a person has a limited 71 
license issued pursuant to this subsection, he or she may 72 
obtain a full funeral director's license if he or she 73 
fulfills the apprenticeship and successfully completes the 74 
funeral director practical examination. 75 
     3.  If an individual is a Missouri licensed embalmer or 76 
has completed a program accredited by the American Board of  77 
Funeral Service Education, any successor organization, or 78 
other accrediting entity as approved by the board or has 79 
successfully completed a course of study in funeral 80 
directing offered by an institution accredited by a 81 
recognized national, regional or state accrediting body and 82 
approved by the state board of embalmers and funeral 83 
directors, and desires to enter the profession of funeral 84 
directing in this state, the individual shall comply with 85 
all the requirements for licensure a s a funeral director 86 
pursuant to subsection 1 of section 333.041 and subsection 1 87 
of this section; however, the individual is exempt from the 88 
twelve-month apprenticeship required by subsection 1 of this 89   SB 1052 	9 
section.], and furnish evidence to establish to t he  90 
satisfaction of the board that he or she: 91 
     (1)  Is at least eighteen years of age and possesses a 92 
high school diploma, a general equivalency diploma, or 93 
equivalent thereof, as determined, at its discretion, by the 94 
board; 95 
     (2)  Passed the Missouri law examination; and 96 
     (3)  Has proof of successful completion of: 97 
     (a)  A program accredited by the American Board of 98 
Funeral Service Education, any successor organization, or 99 
any other accrediting entity as approved by the board; or 100 
     (b)  A qualifying apprenticeship of at least twelve 101 
months during which the applicant establishes to the 102 
satisfaction of the board that he or she has conducted and 103 
arranged at least ten funerals and has passed the National 104 
Board Examination - Arts or the State Board Examination -  105 
Arts administered by the International Conference of Funeral 106 
Service Examining Boards or any other equivalent agency 107 
approved by the board; or 108 
     (c)  A qualifying apprenticeship of at least eighteen 109 
months during which th e applicant establishes to the 110 
satisfaction of the board that he or she has conducted and 111 
arranged at least twenty -five funerals. 112 
For purposes of this subsection, a qualifying apprenticeship 113 
is one that meets those requirements as set out by the board 114 
regarding the number of hours worked by the apprentice and 115 
the funeral directing related tasks an apprentice shall be 116 
attested to by the supervising funeral director that he or 117 
she has successfully accomplished.  Any licensed funeral 118 
director who has not previously successfully passed the 119 
National Board Examination - Arts may, at his or her 120   SB 1052 	10 
election, sit for such examination at any time upon written 121 
request to the board. 122 
     4.  A person holding a funeral director limited license 123 
is only authorized to work in a funeral establishment 124 
licensed only for cremation and which is not licensed for 125 
any other funeral establishment function.  A person holding  126 
a funeral director limited license may perform the duties 127 
related to cremation including, but not limited to,  128 
transportation of dead human bodies to and from the funeral 129 
establishment.  Every person desiring to obtain a funeral 130 
director limited license in this state shall make 131 
application with the board, pay the current application 132 
fees, and furnish evidence to establish to the satisfaction 133 
of the board that he or she: 134 
     (1)  Is at least eighteen years of age; and 135 
     (2)  Has successfully completed the Missouri law 136 
examination. 137 
If a person has a funeral director limited license issued 138 
under this section, he or she may obtain a full funeral 139 
director's license without taking the Missouri law 140 
examination, provided that he or she meets all other funeral 141 
director license requirements of this section. 142 
     5.  Upon establishment of his or her q ualifications as  143 
specified by this section or section 333.041, the board 144 
shall issue to the applicant a license to practice the 145 
professions for which he or she is qualified. 146 
     Section B.  Section A of this act shall become 1 
effective August 28, 2025. 2 
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