Mo. Code Regs. Ann. tit. 20, § 2120-1.040
Definitions
Effective Sep 30, 2020sections 333.011 and 333.111, RSMo 2016.* This rule originally filed as 4 CSR 120-1.040. Original rule filed Dec. 31, 2003, effective July 30, 2004. Moved to 20 CSR 2120-1.040, effective Aug. 28, 2006. Amended: Filed Jan. 30, 2007, effective July 30, 2007. Amended: Filed July 22, 2009, effective Jan. 30, 2010. Amended: Filed March 9, 2020, effective Sept. 30, 2020State Board of Embalmers and Funeral Directors
PURPOSE: This rule defines terms used throughout the board’s regulations consistent with the practice act.
- (1) Apprentice embalmer—an individual who is being trained as an embalmer under the immediate direction and personal supervision of a Missouri licensed embalmer for the “practice of embalming,” the work of preserving, disinfecting, and preparing by arterial embalming, or otherwise, of dead human bodies or the holding of oneself out as being engaged in such work and has met the requirements for registration pursuant to sections 333.041 and 333.042, RSMo, and 20 CSR 2120-2.010.
- (2) Apprentice funeral director—an individual who is being trained as a funeral director in a Missouri licensed funeral establishment under the supervision of a Missouri licensed funeral director in the “practice of funeral directing,” the business of preparing, otherwise than by embalming, for the burial, disposal, or transportation out of this state of, and the directing and supervising of the burial or disposal of, dead human bodies or engaging in the general control, supervision, or management of the operations of a Missouri licensed funeral establishment and has met the requirements for registration pursuant to 20 CSR 2120-2.060.
- (3) Authorized external investment advisor— any federal or Missouri registered investment advisor qualified to advise a trustee of a preneed trust and retained by the preneed trustee.
- (4) Board—Missouri State Board of Embalmers and Funeral Directors created by the provisions of Chapter 333, RSMo.
- (5) Corporation—a business entity incorporated under the laws of Missouri or any other state with authority to do business in the state of Missouri.
- (6) Cremated remains—the bone fragments which remain after the cremation process is completed.
- (7) Cremation—a final disposition of dead human remains; the mechanical process which reduces remains to bone fragments through heat, evaporation, and/or an alkaline hydrolysis chemical process.
- (8) Cremation box—a container into which cremated remains are placed.
- (9) Cremation chamber—the total functioning mechanical unit for the actual cremation process.
- (10) Cremation container—the container in which the human remains are delivered to the crematory area for cremation.
- (11) Cremation log—a written record or log kept in the cremation area available at all times in full view for a board inspector.
- (12) Crematory area—the portion of a building which houses the cremation chamber and includes the room where a cremation chamber is located.
- (13) Disinterment—removal of dead human remains from the ground, grave, tomb, mausoleum, or other place where dead human remains are interred.
- (14) Embalmer—an individual holding an embalmer’s license issued by the board.
(15) Embalmer examination—an examination consisting of the following:
- (A) National Board Funeral Service Arts examination developed and furnished by the International Conference of Funeral Service Examining Boards, Inc., or designee of the board;
- (B) In lieu of the National Board Funeral Service Arts examination, successful completion of the Missouri Funeral Service Arts examination will be accepted, or the board may accept successful completion of an examination administered by another state, territory, or province of the United States that is substantially equivalent or more stringent than the Missouri Funeral Service Arts examination;
- (C) National Board Funeral Service Science examination developed and furnished by the International Conference of Funeral Service Examining Boards, Inc., or designee of the board; and
- (D) Missouri Law examination.
- (16) Entombment—the placing of a dead body in a tomb.
- (17) Executive director—executive secretary of the board.
- (18) Function—the purpose for which a funeral establishment may be used as set forth in these rules.
- (19) Funeral ceremony—a religious service or other rite or memorial ceremony for a decedent.
- (20) Funeral director—an individual holding a funeral director license issued by the board.
(21) Funeral director examination—an examination consisting of the following:
- (A) National Board Funeral Service Arts examination developed and furnished by the International Conference of Funeral Service Examining Boards, Inc., or designee of the board;
- (B) In lieu of the National Board Funeral Service Arts examination, successful completion of the Missouri Funeral Service Arts examination will be accepted, or the board may accept successful completion of an examination administered by another state, District of Columbia, territory, or province of the United States that is substantially equivalent or more stringent than the Missouri Funeral Service Arts examination; and
- (C) Missouri Law examination.
- (22) Funeral director-in-charge—an individual licensed as a funeral director by the board responsible for the general management and supervision of a Missouri licensed funeral establishment in the state of Missouri. Each Missouri licensed funeral establishment shall have a Missouri licensed funeral director designated as the funeral director-in-charge. A funeral director limited may serve as funeral director-in-charge of a funeral establishment which is licensed for only cremation including transportation of dead human bodies to and from the funeral establishment.
- (23) Funeral Director Limited—allows a person to work only in a funeral establishment which is licensed for only cremation including transportation of dead human bodies to and from the funeral establishment.
- (24) Funeral establishment—a building, place, or premises licensed by the board devoted to or used in the care and preparation *Original authority: 333.011, RSMo 1965, amended 2007, for burial, cremation, or transportation of the 2008, 2009 and 333.111, RSMo 1965, amended 1981, human dead and includes every building, 1993, 1995. place, or premises maintained for that purpose or held out to the public by advertising or otherwise to be used for that purpose.
(25) Funeral service—any service performed in connection with the care of a dead human body from the time of death until final disposition including, but not limited to:
- (A) Removal;
- (B) Entering into contractual agreements for the provision of funeral services;
- (C) Arranging, planning, conducting, and/or supervising visitations and funeral ceremonies;
- (D) Interment;
- (E) Cremation;
- (F) Disinterment;
- (G) Burial; and
- (H) Entombment.
- (26) Independent Financial Advisor—an investment advisor retained pursuant to section 436.440.6, RSMo.
- (27) Interment—burial of dead human remains in the ground, a tomb, a mausoleum, or other place where dead human remains are interred.
- (28) Person—any individual, partnership, corporation, cooperative, association, or other entity.
- (29) Preparation room—refers to the room in a Missouri licensed funeral establishment where dead human bodies are embalmed, bathed, and/or prepared for final disposition.
- (30) Reciprocity examination—consists of the Missouri Law Examination.
- (31) Register log—a written record or log maintained in a Missouri licensed funeral establishment available at all times in full view for a board inspector.
- (32) Urn—any receptacle into which the cremated remains are placed for other than transportation or short-term storage.
AUTHORITY: sections 333.011 and 333.111, RSMo 2016.* This rule originally filed as 4 CSR 120-1.040. Original rule filed Dec. 31, 2003, effective July 30, 2004. Moved to 20 CSR 2120-1.040, effective Aug. 28, 2006. Amended: Filed Jan. 30, 2007, effective July 30, 2007. Amended: Filed July 22, 2009, effective Jan. 30, 2010. Amended: Filed March 9, 2020, effective Sept. 30, 2020.