Missouri 2025 Regular Session

Missouri Senate Bill SB351 Latest Draft

Bill / Introduced Version Filed 12/06/2024

                             
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repealed and two new sections enacted in lieu thereof, to be 2 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 
