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by the General Assembly of the State of Missouri, as follows: Section A. Sections 333.041 and 333.042, RSMo, are 1 repealed and two new sections enacted in lieu thereof, to be 2 known as sections 333.041 and 333.042, to read as follows:3 333.041. 1.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