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. 351
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0130S.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 the licensure of persons performing funeral-related services.
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repealed and two new sections enacted in lieu thereof, to be 2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 an d 8
who is enrolled in a program of education accredited by the 9
American 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] approved 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
registration as a practicum student shall be accompanied by 18 SB 351 2
a fee in an amount established by the board. After the 19
board has approved a practicum student's application, a 20
practicum student licensee may assist, under the direct 21
supervision of an embalmer licensed pursuant to this 22
chapter, in a funeral establishment licensed pursuant to 23
this chapter. Practicum student licensees shall not assist 24
when not under such supervision. Each practicum student 25
licensee is only authorized to wor k at those locations and 26
under those supervisors that are registered with the board. 27
[3.] 2. Except as otherwise provided, an applicant not 28
entitled to an embalmer's license pursuant to section 29
324.009 or 333.051, shall make an application for suc h 30
license. Each applicant for [a] an initial license to 31
practice embalming shall furnish evidence to establish to 32
the satisfaction of the board that he or she: 33
(1) Is at least eighteen years of age [, and]; 34
(2) Possesses a high school diplo ma, a general 35
equivalency diploma, or equivalent thereof, as determined, 36
at its discretion, by the board; 37
[(2)] (3) Has completed a funeral service education 38
program accredited by the American Board of Funeral Service 39
Education, any successor org anization, or other accrediting 40
entity as approved by the board [. If an applicant does not 41
complete all requirements for licensure within five years 42
from the date of his or her completion of an accredited 43
program, his or her registration as an apprent ice embalmer 44
shall be automatically cancelled. The applicant shall be 45
required to file a new application and pay applicable fees. 46
No previous apprenticeship shall be considered for the new 47
application; 48
(3) Upon due examination administered by t he board, is 49
possessed of a knowledge of the subjects of embalming, 50 SB 351 3
anatomy, pathology, bacteriology, mortuary administration, 51
chemistry, restorative art, together with statutes, rules 52
and regulations governing the care, custody, shelter and 53
disposition of dead human bodies and the transportation 54
thereof or has passed the national board examination of the 55
Conference of Funeral Service Examining Boards. If any 56
applicant fails to pass the state examination, he or she may 57
retake the examination at th e next regular examination 58
meeting. The applicant shall notify the board office of his 59
or her desire to retake the examination at least thirty days 60
prior to the date of the examination. Each time the 61
examination is retaken, the applicant shall pay a new 62
examination fee in an amount established by the board ]; 63
(4) Received a passing score on the National Board 64
Examination Sciences and the Missouri Law Examination 65
administered by the International Conference of Funeral 66
Service Examining Boards, any successor organization or 67
other organization approved by the board. Upon written 68
request to the board, any person licensed under this section 69
may, at his or her election, at any time, sit for the 70
National Board Examination Arts administered by th e 71
International Conference of Funeral Service Examining 72
Boards, any successor organization, or other organization 73
approved by the board if said person has not previously 74
passed such examination; and 75
(5) Has been employed [full time in funeral ser vice in 76
a licensed funeral establishment ] in a qualifying embalmer 77
apprentice program as determined by the board for no less 78
than six months and has personally embalmed at least twenty - 79
five dead human bodies under the [personal] direct 80
supervision of an embalmer who [holds a current and valid 81
Missouri embalmer's license during an apprenticeship of not 82 SB 351 4
less than twelve consecutive months. "Personal supervision" 83
means that the licensed embalmer shall be physically present 84
during the entire embalming process in the first six months 85
of the apprenticeship period and physically present at the 86
beginning of the embalming process and available for 87
consultation and personal inspection within a period of not 88
more than one hour in the remaining six months of the 89
apprenticeship period. All transcripts and other records 90
filed with the board shall become a part of the board files ] 91
is licensed under this chapter. The first twelve bodies 92
embalmed shall be conducted under the direct supervision of 93
the licensed embalmer. 94
[4.] 3. If the applicant does not complete the 95
application process within the five years after his or her 96
completion of an approved program, then he or she must file 97
a new application and no fees paid previously shall apply 98
toward the license fee. 99
[5. Examinations required by this section and section 100
333.042 shall be held at least twice a year at times and 101
places fixed by the board. The board shall by rule and 102
regulation prescribe the standard for successful completion 103
of the examinations. 104
6. Upon establishment of his or her qualifications as 105
specified by this section or section 333.042, the board 106
shall issue to the applicant a license to practice funeral 107
directing or embalming, as the case may require, and shall 108
register the applicant as a duly licensed funeral director 109
or a duly licensed embalmer. ] 110
4. Any person having the qualifications required by 111
this section and section 333.042 may be granted both a 112
license to practice funeral directing and to pract ice 113
embalming. 114 SB 351 5
[7. The board shall, upon request, waive any 115
requirement of this chapter and issue a temporary funeral 116
director's license, valid for six months, to the surviving 117
spouse or next of kin or the personal representative of a 118
licensed funeral director, or to the spouse, next of kin, 119
employee or conservator of a licensed funeral director 120
disabled because of sickness, mental incapacity or injury. ] 121
5. For purposes of this section, the following terms 122
mean: 123
(1) "Direct supervision", the licensed embalmer is 124
physically present with the apprentice embalmer and the dead 125
human body at the beginning of the embalming process and 126
available for consultation within one hour for the remainder 127
of the embalming process and the licensed embalmer has 128
inspected all bodies embalmed by the apprentice embalmer; 129
(2) "Qualifying embalmer apprentice program", a 130
program that meets the minimum hour requirements as set by 131
the board where the supervising licensed embalmer has 132
attested that the apprentice embalmer has obtained the 133
minimal required skills for the practice of embalming. 134
333.042. 1. [Every person desiring to enter the 1
profession of funeral directing in this state shall make 2
application with the state board of embalmers and funeral 3
directors and pay the current application and examination 4
fees.] Except as otherwise provided [in section 41.950, 5
applicants], an applicant for a funeral director license not 6
entitled to a license pursuant to section 324.009 or 333.051 7
[or 324.009 shall serve an apprenticeship for at least 8
twelve consecutive months ] shall make an application for an 9
initial license to practice funeral directing and shall 10
furnish evidence to establish to the satisfaction of the 11
board that he or she: 12 SB 351 6
(1) Is at least eighteen years of age; 13
(2) Possesses a high school diploma, a general 14
equivalency diploma, or equivalent thereof, as determined, 15
at its discretion, by the board; and 16
(3) Has either: 17
(a) Completed a funeral service education program 18
accredited by the American Board of Funeral Service 19
Education, any successor organization, or other accrediting 20
entity as approved by the board and received a passing score 21
on the National Board Examination Arts and the Mi ssouri Law 22
Examination. Since the Missouri Arts Examination is no 23
longer administered by the International Conference of 24
Funeral Service Examining Boards as of January 1, 2023, a 25
previous passing score may be accepted in lieu of a passing 26
score on the National Board Examination Arts; or 27
(b) Made an application for a funeral director 28
provisional license, completed a qualifying funeral director 29
apprentice program as determined by the board, and 30
successfully satisfies either of the following sub paragraphs: 31
a. Within twenty-four months: 32
(i) Completes a twelve-month apprentice program under 33
the personal supervision of a funeral director licensed 34
under this chapter, in a Missouri funeral establishment 35
licensed for the care and prepara tion for burial and 36
transportation [of the human dead in this state or in 37
another state which has established standards for admission 38
to practice funeral directing equal to, or more stringent 39
than, the requirements for admission to practice funeral 40
directing in this state. The applicant shall devote at 41
least fifteen hours per week to his or her duties as an 42
apprentice under the supervision of a Missouri licensed 43
funeral director. Such applicant shall submit proof to the 44 SB 351 7
board, on forms provided b y the board, that the applicant 45
has arranged and conducted ], which includes arranging and 46
conducting ten funeral services [during the applicant's 47
apprenticeship under the supervision of a Missouri licensed 48
funeral director. Upon completion of the appr enticeship, 49
the applicant shall appear before the board to be tested on 50
the applicant's legal and practical knowledge of funeral 51
directing, funeral home licensing, preneed funeral contracts 52
and the care, custody, shelter, disposition and 53
transportation of dead human bodies. Upon acceptance of the 54
application and fees by the board, an applicant shall have 55
twenty-four months to successfully complete the requirements 56
for licensure found in this section or the application for 57
licensure shall be cancel led.]; and 58
(ii) Receives a passing score on the National Board 59
Examination Arts and the Missouri Law Examination. Since 60
the Missouri Arts Examination is no longer administered by 61
the International Conference of Funeral Service Examining 62
Boards as of January 1, 2023, a previous passing score may 63
be accepted in lieu of a passing score on the National Board 64
Examination Arts; or 65
b. On or after September 1, 2025, and within thirty - 66
six months: 67
(i) Completes an eighteen -month apprentice program 68
under the personal supervision of a funeral director 69
licensed under this chapter, in a Missouri funeral 70
establishment licensed for the care and preparation for 71
burial and transportation, which includes arranging and 72
conducting twenty-five funeral services; and 73
(ii) Receives a passing score on the Missouri Law 74
Examination. 75 SB 351 8
2. Successful candidates obtaining licensure through 76
apprenticeship as prescribed by subparagraph b. of paragraph 77
(b) of subdivision (3) of subsection 1 of this section shall 78
participate in a program of learning to build professional 79
competency. The program of learning shall comply with the 80
rules adopted by the board. 81
3. A person holding a provisional license shall be 82
eligible, upon written request to the board, to sit for the 83
National Board Examination Arts and the Missouri Law 84
Examination at any time during the effective dates of his or 85
her provisional license. 86
4. Any licensed funeral director who has not 87
previously sat for the National Boar d Examination Arts may, 88
at his or her election and upon written request to the 89
board, request to sit for such examination. 90
5. [If] A person [applies] may apply for a limited 91
license to work only in a funeral establishment [which is] 92
licensed [only] for cremation, including transportation of 93
dead human bodies to and from the funeral establishment [, he 94
or she]. A person holding a limited funeral director 95
license may perform the duties related to cremation, 96
including transportation of dead human bodies to and from 97
the funeral establishment. A person seeking a limited 98
funeral director license shall make application with the 99
board, pay [the current application and examination fee and ] 100
applicable fees, successfully complete the Missouri Law 101
Examination, and be at least eighteen years of age . [He or 102
she] A person seeking a limited funeral director license 103
shall be exempt from [the twelve-month] an apprenticeship 104
[required by subsection 1 of this section and the practical 105
examination before t he board. If a person has a limited 106
license issued pursuant to this subsection, he or she may 107 SB 351 9
obtain a full funeral director's license if he or she 108
fulfills the apprenticeship and successfully completes the 109
funeral director practical examination ] program. 110
[3. If an individual is a Missouri licensed embalmer 111
or has completed a program accredited by the American Board 112
of Funeral Service Education, any successor organization, or 113
other accrediting entity as approved by the board or has 114
successfully completed a course of study in funeral 115
directing offered by an institution accredited by a 116
recognized national, regional or state accrediting body and 117
approved by the state board of embalmers and funeral 118
directors, and desires to enter the professio n of funeral 119
directing in this state, the individual shall comply with 120
all the requirements for licensure as a funeral director 121
pursuant to subsection 1 of section 333.041 and subsection 1 122
of this section; however, the individual is exempt from the 123
twelve-month apprenticeship required by subsection 1 of this 124
section.] 125
6. The board may, at its discretion and upon written 126
request, waive the funeral director licensure requirements 127
for up to six months if there is an absence of a funeral 128
director in charge due to the death or disability of the 129
licensed funeral director for whom there is no alternative. 130
The waiver of the licensure requirements may allow for a 131
spouse, next of kin, personal representative, or conservator 132
to conduct business unti l a licensed funeral director can be 133
obtained or business arrangements are made to close or sell 134
the funeral establishment. The waiver shall not allow any 135
services to be provided for which a formal funeral service 136
education program is required. 137
7. For purposes of this section, the following terms 138
mean: 139 SB 351 10
(1) "Personal supervision", the licensed funeral 140
director is physically present during any arrangement 141
conferences and is present for the first five funeral 142
services conducted by the appr entice funeral director, 143
however such person shall not be required to be present when 144
the apprentice funeral director performs any other functions 145
relating to the practice of funeral directing, but shall be 146
available within one hour for consultation; 147
(2) "Qualifying funeral director apprentice program", 148
a program that meets the minimum hour requirements and 149
related funeral directing tasks as set by the board where 150
the supervising licensed funeral director has attested that 151
the apprentice funer al director has obtained the minimal 152
required skills for the practice of funeral directing. 153