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Missouri Senate Bill SB351

Missouri 2025 Regular Session

Missouri Senate Bill SB351 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 351
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR TRENT.
88 0130S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 333.041 and 333.042, RSMo, and to enact in lieu thereof two new sections
1111 relating to the licensure of persons performing funeral-related services.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 333.041 and 333.042, RSMo, are 1
1515 repealed and two new sections enacted in lieu thereof, to be 2
1616 known as sections 333.041 and 333.042, to read as follows:3
1717 333.041. 1. [Each applicant for a license to practice 1
1818 funeral directing shall furnish evidence to establish to the 2
1919 satisfaction of the board that he or she is at least 3
2020 eighteen years of age, and possesses a high school diploma, 4
2121 a general equivalency diploma, or equivalent thereof, as 5
2222 determined, at its discretion, by the board. 6
2323 2.] Every person desiring to enter the profession of 7
2424 embalming dead human bodies within the state of Missouri an d 8
2525 who is enrolled in a program of education accredited by the 9
2626 American Board of Funeral Service Education, any successor 10
2727 organization, or other accrediting entity as approved by the 11
2828 board shall register with the board as a practicum student 12
2929 upon the form [provided] approved by the board. [After such 13
3030 registration, a student may assist, under the direct 14
3131 supervision of Missouri licensed embalmers and funeral 15
3232 directors, in Missouri licensed funeral establishments, 16
3333 while serving his or her practicum. ] The form for 17
3434 registration as a practicum student shall be accompanied by 18 SB 351 2
3535 a fee in an amount established by the board. After the 19
3636 board has approved a practicum student's application, a 20
3737 practicum student licensee may assist, under the direct 21
3838 supervision of an embalmer licensed pursuant to this 22
3939 chapter, in a funeral establishment licensed pursuant to 23
4040 this chapter. Practicum student licensees shall not assist 24
4141 when not under such supervision. Each practicum student 25
4242 licensee is only authorized to wor k at those locations and 26
4343 under those supervisors that are registered with the board. 27
4444 [3.] 2. Except as otherwise provided, an applicant not 28
4545 entitled to an embalmer's license pursuant to section 29
4646 324.009 or 333.051, shall make an application for suc h 30
4747 license. Each applicant for [a] an initial license to 31
4848 practice embalming shall furnish evidence to establish to 32
4949 the satisfaction of the board that he or she: 33
5050 (1) Is at least eighteen years of age [, and]; 34
5151 (2) Possesses a high school diplo ma, a general 35
5252 equivalency diploma, or equivalent thereof, as determined, 36
5353 at its discretion, by the board; 37
5454 [(2)] (3) Has completed a funeral service education 38
5555 program accredited by the American Board of Funeral Service 39
5656 Education, any successor org anization, or other accrediting 40
5757 entity as approved by the board [. If an applicant does not 41
5858 complete all requirements for licensure within five years 42
5959 from the date of his or her completion of an accredited 43
6060 program, his or her registration as an apprent ice embalmer 44
6161 shall be automatically cancelled. The applicant shall be 45
6262 required to file a new application and pay applicable fees. 46
6363 No previous apprenticeship shall be considered for the new 47
6464 application; 48
6565 (3) Upon due examination administered by t he board, is 49
6666 possessed of a knowledge of the subjects of embalming, 50 SB 351 3
6767 anatomy, pathology, bacteriology, mortuary administration, 51
6868 chemistry, restorative art, together with statutes, rules 52
6969 and regulations governing the care, custody, shelter and 53
7070 disposition of dead human bodies and the transportation 54
7171 thereof or has passed the national board examination of the 55
7272 Conference of Funeral Service Examining Boards. If any 56
7373 applicant fails to pass the state examination, he or she may 57
7474 retake the examination at th e next regular examination 58
7575 meeting. The applicant shall notify the board office of his 59
7676 or her desire to retake the examination at least thirty days 60
7777 prior to the date of the examination. Each time the 61
7878 examination is retaken, the applicant shall pay a new 62
7979 examination fee in an amount established by the board ]; 63
8080 (4) Received a passing score on the National Board 64
8181 Examination Sciences and the Missouri Law Examination 65
8282 administered by the International Conference of Funeral 66
8383 Service Examining Boards, any successor organization or 67
8484 other organization approved by the board. Upon written 68
8585 request to the board, any person licensed under this section 69
8686 may, at his or her election, at any time, sit for the 70
8787 National Board Examination Arts administered by th e 71
8888 International Conference of Funeral Service Examining 72
8989 Boards, any successor organization, or other organization 73
9090 approved by the board if said person has not previously 74
9191 passed such examination; and 75
9292 (5) Has been employed [full time in funeral ser vice in 76
9393 a licensed funeral establishment ] in a qualifying embalmer 77
9494 apprentice program as determined by the board for no less 78
9595 than six months and has personally embalmed at least twenty - 79
9696 five dead human bodies under the [personal] direct 80
9797 supervision of an embalmer who [holds a current and valid 81
9898 Missouri embalmer's license during an apprenticeship of not 82 SB 351 4
9999 less than twelve consecutive months. "Personal supervision" 83
100100 means that the licensed embalmer shall be physically present 84
101101 during the entire embalming process in the first six months 85
102102 of the apprenticeship period and physically present at the 86
103103 beginning of the embalming process and available for 87
104104 consultation and personal inspection within a period of not 88
105105 more than one hour in the remaining six months of the 89
106106 apprenticeship period. All transcripts and other records 90
107107 filed with the board shall become a part of the board files ] 91
108108 is licensed under this chapter. The first twelve bodies 92
109109 embalmed shall be conducted under the direct supervision of 93
110110 the licensed embalmer. 94
111111 [4.] 3. If the applicant does not complete the 95
112112 application process within the five years after his or her 96
113113 completion of an approved program, then he or she must file 97
114114 a new application and no fees paid previously shall apply 98
115115 toward the license fee. 99
116116 [5. Examinations required by this section and section 100
117117 333.042 shall be held at least twice a year at times and 101
118118 places fixed by the board. The board shall by rule and 102
119119 regulation prescribe the standard for successful completion 103
120120 of the examinations. 104
121121 6. Upon establishment of his or her qualifications as 105
122122 specified by this section or section 333.042, the board 106
123123 shall issue to the applicant a license to practice funeral 107
124124 directing or embalming, as the case may require, and shall 108
125125 register the applicant as a duly licensed funeral director 109
126126 or a duly licensed embalmer. ] 110
127127 4. Any person having the qualifications required by 111
128128 this section and section 333.042 may be granted both a 112
129129 license to practice funeral directing and to pract ice 113
130130 embalming. 114 SB 351 5
131131 [7. The board shall, upon request, waive any 115
132132 requirement of this chapter and issue a temporary funeral 116
133133 director's license, valid for six months, to the surviving 117
134134 spouse or next of kin or the personal representative of a 118
135135 licensed funeral director, or to the spouse, next of kin, 119
136136 employee or conservator of a licensed funeral director 120
137137 disabled because of sickness, mental incapacity or injury. ] 121
138138 5. For purposes of this section, the following terms 122
139139 mean: 123
140140 (1) "Direct supervision", the licensed embalmer is 124
141141 physically present with the apprentice embalmer and the dead 125
142142 human body at the beginning of the embalming process and 126
143143 available for consultation within one hour for the remainder 127
144144 of the embalming process and the licensed embalmer has 128
145145 inspected all bodies embalmed by the apprentice embalmer; 129
146146 (2) "Qualifying embalmer apprentice program", a 130
147147 program that meets the minimum hour requirements as set by 131
148148 the board where the supervising licensed embalmer has 132
149149 attested that the apprentice embalmer has obtained the 133
150150 minimal required skills for the practice of embalming. 134
151151 333.042. 1. [Every person desiring to enter the 1
152152 profession of funeral directing in this state shall make 2
153153 application with the state board of embalmers and funeral 3
154154 directors and pay the current application and examination 4
155155 fees.] Except as otherwise provided [in section 41.950, 5
156156 applicants], an applicant for a funeral director license not 6
157157 entitled to a license pursuant to section 324.009 or 333.051 7
158158 [or 324.009 shall serve an apprenticeship for at least 8
159159 twelve consecutive months ] shall make an application for an 9
160160 initial license to practice funeral directing and shall 10
161161 furnish evidence to establish to the satisfaction of the 11
162162 board that he or she: 12 SB 351 6
163163 (1) Is at least eighteen years of age; 13
164164 (2) Possesses a high school diploma, a general 14
165165 equivalency diploma, or equivalent thereof, as determined, 15
166166 at its discretion, by the board; and 16
167167 (3) Has either: 17
168168 (a) Completed a funeral service education program 18
169169 accredited by the American Board of Funeral Service 19
170170 Education, any successor organization, or other accrediting 20
171171 entity as approved by the board and received a passing score 21
172172 on the National Board Examination Arts and the Mi ssouri Law 22
173173 Examination. Since the Missouri Arts Examination is no 23
174174 longer administered by the International Conference of 24
175175 Funeral Service Examining Boards as of January 1, 2023, a 25
176176 previous passing score may be accepted in lieu of a passing 26
177177 score on the National Board Examination Arts; or 27
178178 (b) Made an application for a funeral director 28
179179 provisional license, completed a qualifying funeral director 29
180180 apprentice program as determined by the board, and 30
181181 successfully satisfies either of the following sub paragraphs: 31
182182 a. Within twenty-four months: 32
183183 (i) Completes a twelve-month apprentice program under 33
184184 the personal supervision of a funeral director licensed 34
185185 under this chapter, in a Missouri funeral establishment 35
186186 licensed for the care and prepara tion for burial and 36
187187 transportation [of the human dead in this state or in 37
188188 another state which has established standards for admission 38
189189 to practice funeral directing equal to, or more stringent 39
190190 than, the requirements for admission to practice funeral 40
191191 directing in this state. The applicant shall devote at 41
192192 least fifteen hours per week to his or her duties as an 42
193193 apprentice under the supervision of a Missouri licensed 43
194194 funeral director. Such applicant shall submit proof to the 44 SB 351 7
195195 board, on forms provided b y the board, that the applicant 45
196196 has arranged and conducted ], which includes arranging and 46
197197 conducting ten funeral services [during the applicant's 47
198198 apprenticeship under the supervision of a Missouri licensed 48
199199 funeral director. Upon completion of the appr enticeship, 49
200200 the applicant shall appear before the board to be tested on 50
201201 the applicant's legal and practical knowledge of funeral 51
202202 directing, funeral home licensing, preneed funeral contracts 52
203203 and the care, custody, shelter, disposition and 53
204204 transportation of dead human bodies. Upon acceptance of the 54
205205 application and fees by the board, an applicant shall have 55
206206 twenty-four months to successfully complete the requirements 56
207207 for licensure found in this section or the application for 57
208208 licensure shall be cancel led.]; and 58
209209 (ii) Receives a passing score on the National Board 59
210210 Examination Arts and the Missouri Law Examination. Since 60
211211 the Missouri Arts Examination is no longer administered by 61
212212 the International Conference of Funeral Service Examining 62
213213 Boards as of January 1, 2023, a previous passing score may 63
214214 be accepted in lieu of a passing score on the National Board 64
215215 Examination Arts; or 65
216216 b. On or after September 1, 2025, and within thirty - 66
217217 six months: 67
218218 (i) Completes an eighteen -month apprentice program 68
219219 under the personal supervision of a funeral director 69
220220 licensed under this chapter, in a Missouri funeral 70
221221 establishment licensed for the care and preparation for 71
222222 burial and transportation, which includes arranging and 72
223223 conducting twenty-five funeral services; and 73
224224 (ii) Receives a passing score on the Missouri Law 74
225225 Examination. 75 SB 351 8
226226 2. Successful candidates obtaining licensure through 76
227227 apprenticeship as prescribed by subparagraph b. of paragraph 77
228228 (b) of subdivision (3) of subsection 1 of this section shall 78
229229 participate in a program of learning to build professional 79
230230 competency. The program of learning shall comply with the 80
231231 rules adopted by the board. 81
232232 3. A person holding a provisional license shall be 82
233233 eligible, upon written request to the board, to sit for the 83
234234 National Board Examination Arts and the Missouri Law 84
235235 Examination at any time during the effective dates of his or 85
236236 her provisional license. 86
237237 4. Any licensed funeral director who has not 87
238238 previously sat for the National Boar d Examination Arts may, 88
239239 at his or her election and upon written request to the 89
240240 board, request to sit for such examination. 90
241241 5. [If] A person [applies] may apply for a limited 91
242242 license to work only in a funeral establishment [which is] 92
243243 licensed [only] for cremation, including transportation of 93
244244 dead human bodies to and from the funeral establishment [, he 94
245245 or she]. A person holding a limited funeral director 95
246246 license may perform the duties related to cremation, 96
247247 including transportation of dead human bodies to and from 97
248248 the funeral establishment. A person seeking a limited 98
249249 funeral director license shall make application with the 99
250250 board, pay [the current application and examination fee and ] 100
251251 applicable fees, successfully complete the Missouri Law 101
252252 Examination, and be at least eighteen years of age . [He or 102
253253 she] A person seeking a limited funeral director license 103
254254 shall be exempt from [the twelve-month] an apprenticeship 104
255255 [required by subsection 1 of this section and the practical 105
256256 examination before t he board. If a person has a limited 106
257257 license issued pursuant to this subsection, he or she may 107 SB 351 9
258258 obtain a full funeral director's license if he or she 108
259259 fulfills the apprenticeship and successfully completes the 109
260260 funeral director practical examination ] program. 110
261261 [3. If an individual is a Missouri licensed embalmer 111
262262 or has completed a program accredited by the American Board 112
263263 of Funeral Service Education, any successor organization, or 113
264264 other accrediting entity as approved by the board or has 114
265265 successfully completed a course of study in funeral 115
266266 directing offered by an institution accredited by a 116
267267 recognized national, regional or state accrediting body and 117
268268 approved by the state board of embalmers and funeral 118
269269 directors, and desires to enter the professio n of funeral 119
270270 directing in this state, the individual shall comply with 120
271271 all the requirements for licensure as a funeral director 121
272272 pursuant to subsection 1 of section 333.041 and subsection 1 122
273273 of this section; however, the individual is exempt from the 123
274274 twelve-month apprenticeship required by subsection 1 of this 124
275275 section.] 125
276276 6. The board may, at its discretion and upon written 126
277277 request, waive the funeral director licensure requirements 127
278278 for up to six months if there is an absence of a funeral 128
279279 director in charge due to the death or disability of the 129
280280 licensed funeral director for whom there is no alternative. 130
281281 The waiver of the licensure requirements may allow for a 131
282282 spouse, next of kin, personal representative, or conservator 132
283283 to conduct business unti l a licensed funeral director can be 133
284284 obtained or business arrangements are made to close or sell 134
285285 the funeral establishment. The waiver shall not allow any 135
286286 services to be provided for which a formal funeral service 136
287287 education program is required. 137
288288 7. For purposes of this section, the following terms 138
289289 mean: 139 SB 351 10
290290 (1) "Personal supervision", the licensed funeral 140
291291 director is physically present during any arrangement 141
292292 conferences and is present for the first five funeral 142
293293 services conducted by the appr entice funeral director, 143
294294 however such person shall not be required to be present when 144
295295 the apprentice funeral director performs any other functions 145
296296 relating to the practice of funeral directing, but shall be 146
297297 available within one hour for consultation; 147
298298 (2) "Qualifying funeral director apprentice program", 148
299299 a program that meets the minimum hour requirements and 149
300300 related funeral directing tasks as set by the board where 150
301301 the supervising licensed funeral director has attested that 151
302302 the apprentice funer al director has obtained the minimal 152
303303 required skills for the practice of funeral directing. 153
304304