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by the General Assembly of the State of Missouri, as follows: Section A. Sections 333.041 and 333.042, RSMo, are 1 repealed and two new sections enacted in lieu thereof, to be 2 known as sections 333.041 and 333.042, to read as follows:3 333.041. 1.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