HOUSE BILL NO. 834 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FARNAN.
1474H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 333.041 and 333.042, RSMo, and to enact in lieu thereof two new sections relating to the licensing of persons performing certain 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Section A. Sections 333.041 and 333.042, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 333.041 and 333.042, to read as follows: 333.041. 1. [Each applicant for a license to practice funeral directing shall furnish 2 evidence to establish to the satisfaction of the board that he or she is at least eighteen years of 3 age, and possesses a high school diploma, a general equivalency diploma, or equivalent 4 thereof, as determined, at its discretion, by the board. 5 2.] Every person desiring to enter the profession of embalming dead human bodies 6 within the state of Missouri and who is enrolled in a program of education accredited by the 7 American Board of Funeral Service Education, any successor organization, or other 8 accrediting entity as approved by the board shall register with the board as a practicum 9 student upon the form [provided] approved by the board. [After such registration, a student 10 may assist, under the direct supervision of Missouri licensed embalmers and funeral directors, 11 in Missouri licensed funeral establishments, while serving his or her practicum.] The form 12 for registration as a practicum student shall be accompanied by a fee in an amount established 13 by the board. After a student's registration has been approved by the board, a practicum 14 student registrant may assist, under the direct supervision of an embalmer licensed 15 under this chapter, in an establishment licensed under this chapter. Practicum student 16 registrants shall not assist when not under such supervision. Each practicum student
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 834 2
17 registrant is authorized to work only at the location or locations registered with the 18 board and under only those supervisors registered with the board. 19 [3. Each applicant for a license to practice embalming shall furnish evidence to 20 establish to the satisfaction of the board that he or she: 21 (1) Is at least eighteen years of age, and possesses a high school diploma, a general 22 equivalency diploma, or equivalent thereof, as determined, at its discretion, by the board; 23 (2) Has completed a funeral service education program accredited by the American 24 Board of Funeral Service Education, any successor organization, or other accrediting entity as 25 approved by the board. If an applicant does not complete all requirements for licensure 26 within five years from the date of his or her completion of an accredited program, his or her 27 registration as an apprentice embalmer shall be automatically cancelled. The applicant shall 28 be required to file a new application and pay applicable fees. No previous apprenticeship 29 shall be considered for the new application; 30 (3) Upon due examination administered by the board, is possessed of a knowledge of 31 the subjects of embalming, anatomy, pathology, bacteriology, mortuary administration, 32 chemistry, restorative art, together with statutes, rules and regulations governing the care, 33 custody, shelter and disposition of dead human bodies and the transportation thereof or has 34 passed the national board examination of the Conference of Funeral Service Examining 35 Boards. If any applicant fails to pass the state examination, he or she may retake the 36 examination at the next regular examination meeting. The applicant shall notify the board 37 office of his or her desire to retake the examination at least thirty days prior to the date of the 38 examination. Each time the examination is retaken, the applicant shall pay a new 39 examination fee in an amount established by the board; 40 (4) Has been employed full time in funeral service in a licensed funeral establishment 41 and has personally embalmed at least twenty-five dead human bodies under the personal 42 supervision of an embalmer who holds a current and valid Missouri embalmer's license 43 during an apprenticeship of not less than twelve consecutive months. "Personal supervision" 44 means that the licensed embalmer shall be physically present during the entire embalming 45 process in the first six months of the apprenticeship period and physically present at the 46 beginning of the embalming process and available for consultation and personal inspection 47 within a period of not more than one hour in the remaining six months of the apprenticeship 48 period. All transcripts and other records filed with the board shall become a part of the board 49 files. 50 4.] 2. Except as otherwise provided in this section, an applicant not entitled to an 51 embalmer's license under section 333.051 or 324.009 shall make application for such 52 license. Each applicant for an initial license to practice embalming shall furnish 53 evidence to establish to the satisfaction of the board that he or she: HB 834 3
54 (1) Is eighteen years of age or older; 55 (2) Possesses a high school diploma, a general equivalency diploma, or 56 equivalent thereof, as determined, at its discretion, by the board; 57 (3) Has completed a funeral service education program accredited by the 58 American Board of Funeral Service Education, any successor organization, or other 59 accrediting entity as approved by the board; 60 (4) Received passing scores on the National Board Examination-Sciences and the 61 Missouri law examination administered by the International Conference of Funeral 62 Service Examining Boards, any successor organization, or other organization approved 63 by the board; and 64 (5) Has been employed in a qualifying embalmer's apprentice program as 65 defined by the board for no less than six months and has personally embalmed at least 66 twenty-five dead human bodies under the supervision of an embalmer who is licensed 67 under this chapter. The first twelve of the embalmings shall be conducted under the 68 direct supervision of the licensed embalmer. For purposes of this subdivision, a 69 "qualifying embalmer's apprentice program" is a program in which the apprentice 70 completed the minimum number of hours required by the board and, as attested to by 71 the supervising licensed embalmer, obtained the minimal required skills to practice 72 embalming. For purposes of this subdivision, "direct supervision" shall mean 73 supervision in which the licensed embalmer is physically present with the apprentice 74 embalmer and the dead human body at the beginning of the embalming process and 75 available for consultation within one hour for the remainder of the embalming process. 76 The licensed embalmer shall inspect all bodies embalmed by the apprentice embalmer. 77 3. Upon written request to the board, any person licensed under this section 78 may, at his or her election, at any time, sit for the National Board Examination-Arts 79 administered by the International Conference of Funeral Service Examining Boards, 80 any successor organization, or other organization approved by the board if such person 81 has not previously passed such examination. 82 4. If the applicant does not complete the application process within the five years 83 after his or her completion of an approved program, then he or she must file a new application 84 and no fees paid previously shall apply toward the license fee. 85 5. [Examinations required by this section and section 333.042 shall be held at least 86 twice a year at times and places fixed by the board. The board shall by rule and regulation 87 prescribe the standard for successful completion of the examinations. 88 6. Upon establishment of his or her qualifications as specified by this section or 89 section 333.042, the board shall issue to the applicant a license to practice funeral directing or 90 embalming, as the case may require, and shall register the applicant as a duly licensed funeral HB 834 4
91 director or a duly licensed embalmer.] Any person having the qualifications required by this 92 section and section 333.042 may be granted both a license to practice funeral directing and to 93 practice embalming. 94 [7. The board shall, upon request, waive any requirement of this chapter and issue a 95 temporary funeral director's license, valid for six months, to the surviving spouse or next of 96 kin or the personal representative of a licensed funeral director, or to the spouse, next of kin, 97 employee or conservator of a licensed funeral director disabled because of sickness, mental 98 incapacity or injury.] 333.042. 1. [Every person desiring to enter the profession of funeral directing in this 2 state shall make application with the state board of embalmers and funeral directors and pay 3 the current application and examination fees. Except as otherwise provided in section 41.950, 4 applicants not entitled to a license pursuant to section 333.051 or 324.009 shall serve an 5 apprenticeship for at least twelve consecutive months in a funeral establishment licensed for 6 the care and preparation for burial and transportation of the human dead in this state or in 7 another state which has established standards for admission to practice funeral directing equal 8 to, or more stringent than, the requirements for admission to practice funeral directing in this 9 state. The applicant shall devote at least fifteen hours per week to his or her duties as an 10 apprentice under the supervision of a Missouri licensed funeral director. Such applicant shall 11 submit proof to the board, on forms provided by the board, that the applicant has arranged and 12 conducted ten funeral services during the applicant's apprenticeship under the supervision of a 13 Missouri licensed funeral director. Upon completion of the apprenticeship, the applicant shall 14 appear before the board to be tested on the applicant's legal and practical knowledge of 15 funeral directing, funeral home licensing, preneed funeral contracts and the care, custody, 16 shelter, disposition and transportation of dead human bodies. Upon acceptance of the 17 application and fees by the board, an applicant shall have twenty-four months to successfully 18 complete the requirements for licensure found in this section or the application for licensure 19 shall be cancelled. 20 2. If a person applies for a limited license to work only in a funeral establishment 21 which is licensed only for cremation, including transportation of dead human bodies to and 22 from the funeral establishment, he or she shall make application, pay the current application 23 and examination fee and successfully complete the Missouri law examination. He or she 24 shall be exempt from the twelve-month apprenticeship required by subsection 1 of this 25 section and the practical examination before the board. If a person has a limited license 26 issued pursuant to this subsection, he or she may obtain a full funeral director's license if he or 27 she fulfills the apprenticeship and successfully completes the funeral director practical 28 examination. HB 834 5
29 3. If an individual is a Missouri licensed embalmer or has completed a program 30 accredited by the American Board of Funeral Service Education, any successor organization, 31 or other accrediting entity as approved by the board or has successfully completed a course of 32 study in funeral directing offered by an institution accredited by a recognized national, 33 regional or state accrediting body and approved by the state board of embalmers and funeral 34 directors, and desires to enter the profession of funeral directing in this state, the individual 35 shall comply with all the requirements for licensure as a funeral director pursuant to 36 subsection 1 of section 333.041 and subsection 1 of this section; however, the individual is 37 exempt from the twelve-month apprenticeship required by subsection 1 of this section.] 38 Except as otherwise provided in this section, an applicant for a funeral director license 39 not entitled to a license under section 333.051 or 324.009 shall make application for an 40 initial license to practice funeral directing and shall furnish evidence to establish to the 41 satisfaction of the board that he or she: 42 (1) Is eighteen years of age or older; 43 (2) Possesses a high school diploma, a general equivalency diploma, or 44 equivalent thereof, as determined, at its discretion, by the board; and 45 (3) Has either: 46 (a) Completed a funeral service education program accredited by the American 47 Board of Funeral Service Education, any successor organization, or other accrediting 48 entity as approved by the board and received passing scores on the National Board 49 Examination-Arts and the Missouri law examination. The board may accept, in lieu of a 50 passing score on the National Board Examination-Arts, a passing score on an 51 administration of the Missouri arts examination that occurred before the 52 International Conference of Funeral Service Examining Boards ended all 53 administrations of the Missouri arts examination on January 1, 2023; or 54 (b) Made application for a funeral director provisional license and successfully 55 either: 56 a. Within twenty-four months of receipt of the provisional license: 57 (i) Completed a twelve-month qualifying funeral director apprentice program as 58 determined by the board during which the applicant arranged and conducted ten 59 funeral services. Such program shall be under the personal supervision of a funeral 60 director licensed under this chapter and in a Missouri funeral establishment licensed for 61 the care and preparation for burial and transportation of the human dead in this state; 62 and 63 (ii) Received passing scores on the National Board Examination-Arts and the 64 Missouri law examination. The board may accept, in lieu of a passing score on the 65 National Board Examination-Arts, a passing score on an administration of the Missouri HB 834 6
66 arts examination that occurred before the International Conference of Funeral Service 67 Examining Boards ended all administrations of the Missouri arts examination on 68 January 1, 2023; or 69 b. Within thirty-six months of receipt of the provisional license: 70 (i) Completed an eighteen-month qualifying funeral director apprentice 71 program as determined by the board during which the applicant arranged and 72 conducted twenty-five funeral services. Such program shall be under the personal 73 supervision of a funeral director licensed under this chapter and in a Missouri funeral 74 establishment licensed for the care and preparation for burial and transportation of the 75 human dead in this state; and 76 (ii) Received a passing score on the Missouri law examination. 77 2. Any person holding a provisional license shall be eligible, upon written 78 request to the board, to sit for the National Board Examination-Arts and the Missouri 79 law examination at any time during the period in which his or her provisional license is 80 effective. 81 3. Any licensed funeral director who has not previously sat for the National 82 Board Examination-Arts may, at his or her election and upon written request to the 83 board, sit for the examination. 84 4. A person may apply for a limited license to work only in a funeral 85 establishment licensed for cremation. A person holding a limited funeral director 86 license may perform duties related to cremation. To qualify for a limited funeral 87 director license, an applicant shall be eighteen years of age or older and shall make 88 application with the board, pay applicable fees, and successfully complete the Missouri 89 law examination. Completion of a qualifying funeral director apprentice program shall 90 not be required to obtain a limited funeral director license. 91 5. The board shall, at its discretion and upon written request, waive individual 92 funeral director licensure requirements for up to six months if there is an absence of a 93 funeral director in charge due to the death or disability of the licensed funeral director 94 and there is no other licensed funeral director available to discharge the director's 95 duties. A waiver under this subsection shall allow the spouse, next of kin, personal 96 representative, or conservator of the absent director to conduct business until a licensed 97 funeral director can be obtained or business arrangements are made to close or sell the 98 establishment. The waiver shall not allow for any services to be provided for which 99 formal funeral service education is required. 100 6. As used in this section, the following terms mean: 101 (1) "Personal supervision", supervision in which the licensed funeral director 102 shall be physically present during any arrangement conferences and present for the first HB 834 7
103 five funeral services conducted by the apprentice. The supervising licensed funeral 104 director shall not be required to be present when the apprentice performs any other 105 functions relating to the practice of funeral directing but shall be available within one 106 hour for consultation; 107 (2) "Qualifying funeral director apprentice program", a program that meets the 108 minimum hour requirements for funeral directing tasks as set by the board and in 109 which the supervising funeral director has attested that the apprentice has obtained the 110 minimal required skills to practice funeral directing. ✔
Statutes affected: