Missouri 2024 Regular Session

Missouri Senate Bill SB1052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 1052
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR TRENT.
8	8	4307S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 333.041 and 333.042, RSMo, and to enact in lieu thereof two new sections
11	11	relating to embalmers and funeral directors, with a delayed effective date.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 333.041 and 333.042, RSMo, are 1
15	15	repealed and two new sections enacted in lieu thereof, to be 2
16	16	known as sections 333.041 and 333.042, to read as follows:3
17	17	333.041. 1. [Each applicant for a license to practice 1
18	18	funeral directing shall furnish evidence to establish to the 2
19	19	satisfaction of the board that he or she is at least 3
20	20	eighteen years of age, and possesses a high school diploma, 4
21	21	a general equivalency diploma, or equivalent thereof, as 5
22	22	determined, at its discretion, by the board. 6
23	23	2. Every person desiring to enter the profession of 7
24	24	embalming dead human bodies within the state of Missour i and 8
25	25	who is enrolled in a program accredited by the American 9
26	26	Board of Funeral Service Education, any successor 10
27	27	organization, or other accrediting entity as approved by the 11
28	28	board shall register with the board as a practicum student 12
29	29	upon the form provided by the board. After such 13
30	30	registration, a student may assist, under the direct 14
31	31	supervision of Missouri licensed embalmers and funeral 15
32	32	directors, in Missouri licensed funeral establishments, 16
33	33	while serving his or her practicum. The form for 17 SB 1052 2
34	34	registration as a practicum student shall be accompanied by 18
35	35	a fee in an amount established by the board. 19
36	36	3.] Each applicant for a student license to practice 20
37	37	embalming shall submit an application to the board, pay all 21
38	38	application fees, and furnish evidence to establish to the 22
39	39	satisfaction of the board that he or she: 23
40	40	(1) Is at least eighteen years of age, and possesses a 24
41	41	high school diploma, a general equivalency diploma, or 25
42	42	equivalent thereof, as determined, at its discretion, by the 26
43	43	board; and 27
44	44	(2) Is currently enrolled in a funeral service 28
45	45	education program or has completed a funeral service 29
46	46	education program accredited by the American Board of 30
47	47	Funeral Service Education, any successor organization, or 31
48	48	other accrediting entity as appro ved by the board. [If an 32
49	49	applicant does not complete all requirements for licensure 33
50	50	within five years from the date of his or her completion of 34
51	51	an accredited program, his or her registration as an 35
52	52	apprentice embalmer shall be automatically cancelled. The 36
53	53	applicant shall be required to file a new application and 37
54	54	pay applicable fees. No previous apprenticeship shall be 38
55	55	considered for the new application; 39
56	56	(3) Upon due examination administered by the board, is 40
57	57	possessed of a knowledge of the su bjects of embalming, 41
58	58	anatomy, pathology, bacteriology, mortuary administration, 42
59	59	chemistry, restorative art, together with statutes, rules 43
60	60	and regulations governing the care, custody, shelter and 44
61	61	disposition of dead human bodies and the transportation 45
62	62	thereof or has passed the national board examination of the 46
63	63	Conference of Funeral Service Examining Boards. If any 47
64	64	applicant fails to pass the state examination, he or she may 48
65	65	retake the examination at the next regular examination 49 SB 1052 3
66	66	meeting. The applicant shall notify the board office of his 50
67	67	or her desire to retake the examination at least thirty days 51
68	68	prior to the date of the examination. Each time the 52
69	69	examination is retaken, the applicant shall pay a new 53
70	70	examination fee in an amount established by the board; 54
71	71	(4) Has been employed full time in funeral service in 55
72	72	a licensed funeral establishment and has personally embalmed 56
73	73	at least twenty-five dead human bodies under the personal 57
74	74	supervision of an embalmer who holds a current and valid 58
75	75	Missouri embalmer's license during an apprenticeship of not 59
76	76	less than twelve consecutive months. "Personal supervision" 60
77	77	means that the licensed embalmer shall be physically present 61
78	78	during the entire embalming process in the first six months 62
79	79	of the apprenticeship period and physically present at the 63
80	80	beginning of the embalming process and available for 64
81	81	consultation and personal inspection within a period of not 65
82	82	more than one hour in the remaining six months of the 66
83	83	apprenticeship period. All transcripts and other records 67
84	84	filed with the board shall become a part of the board files. ] 68
85	85	2. After a student's application has been approved by 69
86	86	the board, student licensees who are enrolled in or have 70
87	87	completed a funeral service education program may assist , 71
88	88	under the direct supervision of an embalmer licensed 72
89	89	pursuant to this chapter, in an establishment licensed for 73
90	90	embalming pursuant to this chapter. Student licensees shall 74
91	91	not assist when not under such supervision. Each student 75
92	92	license is only authorized to work at establishments and 76
93	93	under only those embalmers licensed with the board. 77
94	94	3. In order to be eligible for full licensure, a 78
95	95	student licensee shall: 79
96	96	(1) Submit an official transcript to the board after 80
97	97	completing a funeral ser vice education program accredited by 81 SB 1052 4
98	98	the American Board of Funeral Service Education, any 82
99	99	successor organization, or any other accrediting entity as 83
100	100	approved by the board; 84
101	101	(2) Demonstrate that he or she has completed a 85
102	102	qualifying apprenticeship o f no less than six months; 86
103	103	(3) Demonstrate that he or she has personally embalmed 87
104	104	at least twenty-five dead human bodies under the supervision 88
105	105	of an embalmer who is licensed pursuant to this chapter, the 89
106	106	first twelve of which shall be under the di rect supervision 90
107	107	of the licensed embalmer; and 91
108	108	(4) Pass the National Board Examination - Sciences and 92
109	109	the Missouri law examination, and if required to 93
110	110	successfully complete the student licensee's funeral service 94
111	111	education program, the National Bo ard Examination - Arts or 95
112	112	the State Board Examination - Arts. 96
113	113	Persons licensed pursuant to this subsection may, at his or 97
114	114	her election and at any time, sit for the National Board 98
115	115	Examination - Arts for the purpose of potential reciprocity 99
116	116	with any other state that may require such examination. The 100
117	117	licensed embalmer supervising a student licensee shall 101
118	118	inspect all bodies embalmed by the student licensee. The 102
119	119	term "direct supervision" as used in this subsection means 103
120	120	that the licensed embalmer is ph ysically present with the 104
121	121	student licensee and the dead human body at the beginning of 105
122	122	the embalming process and available for consultation within 106
123	123	one hour for the remainder of the embalming process. 107
124	124	4. [If the applicant does not complete the appl ication 108
125	125	process within the five years after his or her completion of 109
126	126	an approved program, then he or she must file a new 110
127	127	application and no fees paid previously shall apply toward 111
128	128	the license fee. 112 SB 1052 5
129	129	5. Examinations required by this section and sect ion 113
130	130	333.042 shall be held at least twice a year at times and 114
131	131	places fixed by the board. The board shall by rule and 115
132	132	regulation prescribe the standard for successful completion 116
133	133	of the examinations. 117
134	134	6. Upon establishment of his or her qualificatio ns as 118
135	135	specified by this section or section 333.042, the board 119
136	136	shall issue to the applicant a license to practice funeral 120
137	137	directing or embalming, as the case may require, and shall 121
138	138	register the applicant as a duly licensed funeral director 122
139	139	or a duly licensed embalmer. Any person having the 123
140	140	qualifications required by this section and section 333.042 124
141	141	may be granted both a license to practice funeral directing 125
142	142	and to practice embalming. 126
143	143	7. The board shall, upon request, waive any 127
144	144	requirement of this chapter and issue a temporary funeral 128
145	145	director's license, valid for six months, to the surviving 129
146	146	spouse or next of kin or the personal representative of a 130
147	147	licensed funeral director, or to the spouse, next of kin, 131
148	148	employee or conservator of a licen sed funeral director 132
149	149	disabled because of sickness, mental incapacity or injury ] A 133
150	150	student licensee shall have five years to successfully 134
151	151	complete the requirements for licensure provided by this 135
152	152	section. If the student licensee fails to complete the 136
153	153	requirements within five years, the application for 137
154	154	licensure shall be cancelled. If the application is 138
155	155	cancelled, the student licensee shall be required to file a 139
156	156	new application and pay any applicable fees. No previous 140
157	157	apprenticeship shall be consid ered for the new application. 141
158	158	If the student licensee completes the requirements prior to 142
159	159	the expiration of five years, the student licensee can apply 143
160	160	for an embalmer's license. 144 SB 1052 6
161	161	5. For purposes of this section, a qualifying 145
162	162	embalmer's apprentice ship is one that meets the minimum hour 146
163	163	requirements as set by the board and where the supervising 147
164	164	embalmer has attested that the student licensee has obtained 148
165	165	the minimal required skills to practice embalming . 149
166	166	333.042. 1. Every person desiring to engage in the 1
167	167	practice of funeral directing as an apprentice in this state 2
168	168	shall obtain a provisional funeral director license from the 3
169	169	board. To apply for a provisional license, the applicant 4
170	170	shall make application with the board, pay the current 5
171	171	application fees, and furnish evidence to establish to the 6
172	172	satisfaction of the board that he or she: 7
173	173	(1) Is at least eighteen years of age; and 8
174	174	(2) Will work as an apprentice funeral director under 9
175	175	personal supervision of a fu neral director licensed pursuant 10
176	176	to this chapter. The applicant shall provide to the board 11
177	177	the name and license number of the funeral director who will 12
178	178	perform his or her supervision and the location where the 13
179	179	applicant will practice. The supervising funeral director 14
180	180	shall attest to the board that the apprenticeship will meet 15
181	181	the requirements of this section. 16
182	182	The term "personal supervision" as used in this subsection 17
183	183	means that the licensed funeral director shall be physically 18
184	184	present in the build ing during any arrangement conferences, 19
185	185	but the licensed funeral director shall not be required to 20
186	186	be present in the building when the apprentice performs any 21
187	187	other functions relating to the practice of funeral 22
188	188	directing. 23
189	189	2. An applicant for a pr ovisional funeral director 24
190	190	license under subsection 1 of this section shall have three 25
191	191	years to complete the requirements for licensure under this 26 SB 1052 7
192	192	section. If the applicant fails to complete the 27
193	193	requirements within three years, the application for 28
194	194	licensure shall be cancelled. If the application is 29
195	195	cancelled, the applicant shall be required to file a new 30
196	196	application and pay any applicable fees. No previous 31
197	197	apprenticeship shall be considered for the new application. 32
198	198	3. Every person desiring to enter the profession of 33
199	199	funeral directing in this state shall make application with 34
200	200	the [state] board [of embalmers and funeral directors and ], 35
201	201	pay the current application [and examination] fees[. Except 36
202	202	as otherwise provided in section 41.950, app licants not 37
203	203	entitled to a license pursuant to section 333.051 or 324.009 38
204	204	shall serve an apprenticeship for at least twelve 39
205	205	consecutive months in a funeral establishment licensed for 40
206	206	the care and preparation for burial and transportation of 41
207	207	the human dead in this state or in another state which has 42
208	208	established standards for admission to practice funeral 43
209	209	directing equal to, or more stringent than, the requirements 44
210	210	for admission to practice funeral directing in this state. 45
211	211	The applicant shall devote at least fifteen hours per week 46
212	212	to his or her duties as an apprentice under the supervision 47
213	213	of a Missouri licensed funeral director. Such applicant 48
214	214	shall submit proof to the board, on forms provided by the 49
215	215	board, that the applicant has arranged and co nducted ten 50
216	216	funeral services during the applicant's apprenticeship under 51
217	217	the supervision of a Missouri licensed funeral director. 52
218	218	Upon completion of the apprenticeship, the applicant shall 53
219	219	appear before the board to be tested on the applicant's 54
220	220	legal and practical knowledge of funeral directing, funeral 55
221	221	home licensing, preneed funeral contracts and the care, 56
222	222	custody, shelter, disposition and transportation of dead 57
223	223	human bodies. Upon acceptance of the application and fees 58 SB 1052 8
224	224	by the board, an applican t shall have twenty-four months to 59
225	225	successfully complete the requirements for licensure found 60
226	226	in this section or the application for licensure shall be 61
227	227	cancelled. 62
228	228	2. If a person applies for a limited license to work 63
229	229	only in a funeral establishmen t which is licensed only for 64
230	230	cremation, including transportation of dead human bodies to 65
231	231	and from the funeral establishment, he or she shall make 66
232	232	application, pay the current application and examination fee 67
233	233	and successfully complete the Missouri law ex amination. He 68
234	234	or she shall be exempt from the twelve -month apprenticeship 69
235	235	required by subsection 1 of this section and the practical 70
236	236	examination before the board. If a person has a limited 71
237	237	license issued pursuant to this subsection, he or she may 72
238	238	obtain a full funeral director's license if he or she 73
239	239	fulfills the apprenticeship and successfully completes the 74
240	240	funeral director practical examination. 75
241	241	3. If an individual is a Missouri licensed embalmer or 76
242	242	has completed a program accredited by the American Board of 77
243	243	Funeral Service Education, any successor organization, or 78
244	244	other accrediting entity as approved by the board or has 79
245	245	successfully completed a course of study in funeral 80
246	246	directing offered by an institution accredited by a 81
247	247	recognized national, regional or state accrediting body and 82
248	248	approved by the state board of embalmers and funeral 83
249	249	directors, and desires to enter the profession of funeral 84
250	250	directing in this state, the individual shall comply with 85
251	251	all the requirements for licensure a s a funeral director 86
252	252	pursuant to subsection 1 of section 333.041 and subsection 1 87
253	253	of this section; however, the individual is exempt from the 88
254	254	twelve-month apprenticeship required by subsection 1 of this 89 SB 1052 9
255	255	section.], and furnish evidence to establish to t he 90
256	256	satisfaction of the board that he or she: 91
257	257	(1) Is at least eighteen years of age and possesses a 92
258	258	high school diploma, a general equivalency diploma, or 93
259	259	equivalent thereof, as determined, at its discretion, by the 94
260	260	board; 95
261	261	(2) Passed the Missouri law examination; and 96
262	262	(3) Has proof of successful completion of: 97
263	263	(a) A program accredited by the American Board of 98
264	264	Funeral Service Education, any successor organization, or 99
265	265	any other accrediting entity as approved by the board; or 100
266	266	(b) A qualifying apprenticeship of at least twelve 101
267	267	months during which the applicant establishes to the 102
268	268	satisfaction of the board that he or she has conducted and 103
269	269	arranged at least ten funerals and has passed the National 104
270	270	Board Examination - Arts or the State Board Examination - 105
271	271	Arts administered by the International Conference of Funeral 106
272	272	Service Examining Boards or any other equivalent agency 107
273	273	approved by the board; or 108
274	274	(c) A qualifying apprenticeship of at least eighteen 109
275	275	months during which th e applicant establishes to the 110
276	276	satisfaction of the board that he or she has conducted and 111
277	277	arranged at least twenty -five funerals. 112
278	278	For purposes of this subsection, a qualifying apprenticeship 113
279	279	is one that meets those requirements as set out by the board 114
280	280	regarding the number of hours worked by the apprentice and 115
281	281	the funeral directing related tasks an apprentice shall be 116
282	282	attested to by the supervising funeral director that he or 117
283	283	she has successfully accomplished. Any licensed funeral 118
284	284	director who has not previously successfully passed the 119
285	285	National Board Examination - Arts may, at his or her 120 SB 1052 10
286	286	election, sit for such examination at any time upon written 121
287	287	request to the board. 122
288	288	4. A person holding a funeral director limited license 123
289	289	is only authorized to work in a funeral establishment 124
290	290	licensed only for cremation and which is not licensed for 125
291	291	any other funeral establishment function. A person holding 126
292	292	a funeral director limited license may perform the duties 127
293	293	related to cremation including, but not limited to, 128
294	294	transportation of dead human bodies to and from the funeral 129
295	295	establishment. Every person desiring to obtain a funeral 130
296	296	director limited license in this state shall make 131
297	297	application with the board, pay the current application 132
298	298	fees, and furnish evidence to establish to the satisfaction 133
299	299	of the board that he or she: 134
300	300	(1) Is at least eighteen years of age; and 135
301	301	(2) Has successfully completed the Missouri law 136
302	302	examination. 137
303	303	If a person has a funeral director limited license issued 138
304	304	under this section, he or she may obtain a full funeral 139
305	305	director's license without taking the Missouri law 140
306	306	examination, provided that he or she meets all other funeral 141
307	307	director license requirements of this section. 142
308	308	5. Upon establishment of his or her q ualifications as 143
309	309	specified by this section or section 333.041, the board 144
310	310	shall issue to the applicant a license to practice the 145
311	311	professions for which he or she is qualified. 146
312	312	Section B. Section A of this act shall become 1
313	313	effective August 28, 2025. 2
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