PURPOSE: This rule outlines the provisions for the practice of funeral directing.

1. (1) Every person who desires to enter the profession of funeral directing in Missouri FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

and who is not entitled to a license under section 333.051, RSMo shall provide the following to the board:

1. (A) Proof of being at least eighteen (18) years of age;
2. (B) Proof of possession of a high school diploma or equivalent;
3. (C) Evidence of being a person of good moral character;
4. (D) Proof of satisfactory completion of each section of the funeral director’s examination;
5. (E) Affidavit of completion of a twelve

1. (12) consecutive month apprenticeship; or official transcript and documentation indicating s/he is a graduate of an institute of mortuary science accredited by the American Board of Funeral Service Education or any successor organization recognized by the United States Department for Funeral Service Education; or has successfully completed a course in funeral directing offered by a college accredited by a recognized national, regional or state accrediting body and approved by the State Board of Embalmers and Funeral Directors; or proof of being a Missouri licensed embalmer;

   1. (F) Completed application form provided by the board;
   2. (G) Proof of successful completion of the National Funeral Service Arts, if applicable;
   3. (H) Payment of all applicable fees;
   4. (I) Satisfactory criminal history background check as provided to the board by the Missouri State Highway Patrol. Applicants shall submit to the board the applicable fee for the criminal history background check as determined by the Missouri State Highway Patrol; and
   5. (J) Any other information the board may require.
2. (2) Every person who desires to enter the profession of funeral directing in Missouri and who is not entitled to a license under section 333.051, RSMo, shall make application with the board for a Missouri funeral director license on the forms provided by the board and shall pay the funeral director application and the administration fees for the Missouri Law examination and Missouri Funeral Service Arts examination directly to the board. The scheduling and payment of the examinations will be made through the International Conference of Funeral Service Examining Boards, Inc., or designee of the board. If the applicant has successfully completed the National Funeral Service Arts examination, no Missouri Funeral Service Arts examination is required, and no Missouri Funeral Service Arts examination fee may be applicable. Application forms can be obtained from the board office or the board’s website at http://pr.mo.gov/embalmers.asp.
3. (3) Effective June 1, 2004, the funeral director examination administered by the board shall consist of the Missouri Law section and the Missouri Funeral Service Arts section developed and furnished by the International Conference of Funeral Service Examining Boards, Inc., or designee of the board. In lieu of the Missouri Funeral Service Arts examination, successful completion of the National Funeral Service Arts examination results will be accepted.
4. (4) To serve as an apprentice funeral director, the applicant shall file with the board a completed funeral director application on the form prescribed by the board and also shall complete an application to be registered as an apprentice funeral director on the form prescribed by the board and pay all applicable fees. Application forms and a list of fees can be obtained from the board office or on the board’s website at http://pr.mo.gov/embalmers.asp.
5. (5) Upon registration and payment in full of all applicable fees, the board shall issue the apprentice funeral director applicant a funeral director apprentice registration. This registration authorizes the apprentice registrant to engage in the practice of funeral directing under the supervision of a Missouri licensed funeral director. The funeral director apprentice registration, or a copy thereof, shall be displayed in a conspicuous location accessible to the public at each establishment where the apprentice is working.
6. (6) The funeral director apprentice registration authorizes the registrant to engage in the practice of funeral directing only during the period of apprenticeship. Once the apprenticeship is successfully completed as defined in this rule, the funeral director apprentice registration shall become null and void. Any Missouri licensed funeral director who allows a former apprentice who has completed his/her apprenticeship to engage in the practice of funeral directing before that apprentice is fully licensed shall be subject to discipline for misconduct under section 333.121.2, RSMo.
7. (7) Each registered funeral director apprentice shall provide to the board, on the application prescribed by the board, the name(s), location(s) and license number(s) of each funeral establishment(s) where they are serving as an apprentice. The funeral director apprenticeship may be served at a funeral establishment licensed by a state, other than Missouri, upon submission of proof to the board that the out-of-state funeral home is licensed for the care and preparation for burial and transportation of human dead in this state or another state which has established standards for admission to practice funeral directing equal to, or more stringent than, the requirement for admission to practice funeral directing in this state. If the funeral director apprentice changes funeral establishments during the course of the apprenticeship, the apprentice shall notify the board, on the form prescribed by the board, of the name(s), location(s) and funeral establishment(s) license number of the new apprenticeship location within ten (10) business days after the change has been made.

8. (8) Successful completion of a funeral director apprenticeship shall consist of the following:

   1. (A) Completed service as an apprentice funeral director for a period consisting of at least twelve (12) consecutive months in a Function C funeral establishment; and
   2. (B) Filing with the board a notarized affidavit(s) signed by the apprentice and his/her supervisor(s) that s/he has arranged for and conducted a minimum of ten (10) funeral ceremonies under the supervision of a Missouri licensed funeral director.
9. (9) An apprentice will be eligible to take the funeral director examination after completion of the twelve (12) consecutive month period of apprenticeship.
10. (10) An applicant will be deemed to have successfully completed the funeral director examination when a score of seventy-five percent (75%) or better is achieved on each section. If the applicant fails a section of the examination, the applicant shall be permitted to retake that section upon application and payment of the administration fee to the board. Scheduling and payment of the examination fee will be made through the International Funeral Service Examining Boards, Inc., or designee of the board.
11. (11) All notifications for the funeral director’s examination must be in writing and received by the board at least forty-five (45) days prior to the date of the next regularly scheduled examination and must be accompanied by all applicable fees.
12. (12) A college accredited by a recognized national, state, or regional accrediting body may seek the approval of the State Board of Embalmers and Funeral Directors for a course of study in funeral directing by submitting a description of the program, the college catalog listing the course of study and evidence that the program has been approved to be offered in that institution by the administration of the college and the Missouri Coordinating Board for Higher Education.
13. (13) An applicant shall be exempt from the requirement of successful completion of the Missouri Law examination if the applicant has successfully completed the Missouri Law examination for another license within twelve
14. (12) months of the date that the board receives the new application.
15. (14) It shall be considered misconduct in the practice of funeral directing for a Missouri licensed funeral director to permit any unlicensed person to engage in, or take charge of, the activities for which a license is required by law.
16. (15) A Missouri licensed funeral director shall be present and personally must supervise or conduct each funeral ceremony conducted by or from a Missouri licensed funeral establishment. A violation of this section will be considered misconduct in the practice of funeral directing.
17. (16) A Missouri licensed funeral director shall be present and personally must supervise any disinterment, interment, entombment, or cremation as defined in 4 CSR 120- 1.040. If the disinterment does not require legal notification to the county coroner or medical examiner, a funeral director’s presence may not be required. A violation of this section shall be deemed misconduct in the practice of funeral directing. Once the body has been delivered to a cemetery for the purpose of interment or to a crematory for the purpose of cremation and after any funeral ceremonies have been completed, the Missouri licensed funeral director is not required to stay with the body. Nothing in this rule shall be interpreted as requiring the Missouri licensed funeral director to leave the cemetery before disposition is complete. Furthermore, nothing in this rule shall be interpreted as relieving the Missouri licensed funeral director of any responsibilities s/he has under his/her contract with the person(s) having the right to control the incidents of burial.
18. (17) An unlicensed person may transport dead human bodies from the place of death to another location or may transport dead human bodies out of this state if these services are performed under the direction of a Missouri licensed funeral establishment.

19. (18) No person other than a Missouri licensed funeral director shall be allowed to make the following at-need arrangements with the person having the right to control the incidents of disposition:

    1. (A) Removal of a dead human body, arrangements for final disposition, supervision of visitation and memorial ceremony, grave attendance, cremation, entering into a contractual relationship for performance of any other funeral services; and
    2. (B) Embalming, cremation, care, preparation, shipment or transportation of a dead human body.
    3. (C) Nothing in this section shall be construed to apply to nor, in any manner, interfere with the duties of any officer of local or state institutions, nor shall this section apply to any person engaged simply in the furnishing of burial receptacles for the dead, but shall only apply to persons engaged in the business of embalming or funeral directing.
20. (19) The taking of preliminary information by an unlicensed person will not be construed as the making of at-need funeral arrangements under this rule.
21. (20) Whenever an unlicensed person makes other than at-need funeral arrangements on behalf of a Missouri licensed funeral director or Missouri licensed funeral establishment, the unlicensed person shall be under the supervision and control of a Missouri licensed funeral director at all times.
22. (21) No temporary Missouri funeral director license authorized under section 333.041.7, RSMo will be issued until the board has been advised as to the location of the Missouri licensed funeral establishment at which the temporary funeral director’s license will be used. The holder of the temporary license shall be authorized to only work at the Missouri licensed funeral establishment(s) where the deceased and/or disabled Missouri licensed funeral director was authorized to work. Violation of this rule will be deemed unauthorized practice of funeral directing.
23. (22) The business and practice of funeral directing may be conducted only from a fixed place or establishment which has been licensed by the board.

24. (23) Limited License.

    1. (A) A person holding a limited license shall be allowed to work only in a funeral establishment licensed only as a Function B funeral establishment (cremation only). It shall be lawful for a limited licensee to engage in any act of funeral directing at a 20 CSR 2120-2

Function B funeral establishment including transportation of dead human bodies to and from the funeral establishment.

1. (B) Every person desiring a limited license shall provide the following to the board:

   1. 1. Proof of being at least eighteen (18)

years of age;

1. 2. Proof of possession of a high school

diploma or its equivalent;

1. 3. Evidence of being a person of good

moral character;

1. 4. Proof of successful completion by

achieving a score of seventy-five percent (75%) or better on the Missouri Law examination;

1. 5. Completed application form as pro-

vided by the board;

1. 6. Payment of applicable fees;
2. 7. Payment of any fee charged by the

Missouri Highway Patrol for a criminal history background check; and

1. 8. Any other information the board may

require.

1. (C) Every limited licensee shall provide the board with the name, location and license number of each funeral establishment where she/he is employed.
2. (D) A limited licensee shall be obligated to comply with all Missouri laws governing funeral directors subject to the limitations imposed by this rule and section 333.042.2, RSMo.
3. (E) If a limited licensee desires to obtain a full funeral director’s license, the licensee shall be required to complete an apprenticeship consisting of at least twelve (12) consecutive months as required by section 333.042.2, RSMo, and accompanying regulations OR fulfill the education requirements set forth in section 333.042.3, RSMo. The limited licensee shall also provide to the board proof of successful completion of the remaining sections of the funeral director examination as required by these regulations. The limited licensee shall not be required to retake the Missouri Law examination.

1. (24) All certificates, registrations, and licenses, or duplicate copies thereof, issued by the State Board of Embalmers and Funeral Directors shall be displayed at all times in a conspicuous location accessible to the public in each office(s) or place(s) of business where they work, for inspection by any duly authorized agent of the board.
2. (25) Should an individual desire to obtain a Missouri funeral director’s license after his/her license has become void under section 333.081.3, RSMo, the individual shall be required to make new application and pay all applicable fees to the board. No previous FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

apprentice, application or examination will be considered for the new application. However, the board shall accept the successful completion of the National Funeral Service Arts examination for new application.

1. (26) A Missouri licensed funeral director may engage in the practice of funeral directing in the state of Missouri only in Missouri licensed funeral establishments. Each Missouri licensed funeral director shall inform the board in writing, in a timely manner, of each Missouri licensed funeral establishment name(s), location(s) and license number(s) where the Missouri licensed funeral director is engaged in funeral directing.
2. (27) A Missouri licensed funeral director has the ongoing obligation to keep the board informed if the licensee has been finally adjudicated or found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence was imposed. This information must be provided to the board within thirty (30) days of being finally adjudicated or found guilty.
3. (28) The rules in this division are declared severable. If any rule, or section of a rule, is held invalid by a court of competent jurisdiction or by the Administrative Hearing Commission, the remaining provisions shall remain in full force and effect unless otherwise determined by a court of competent jurisdiction or by the Administrative Hearing Commission.

AUTHORITY: sections 333.041 and 333.042, RSMo Supp. 2005 and 333.091, 333.111 and 333.121, RSMo 2000.* This rule originally filed as 4 CSR 120-2.060. Original rule filed Oct. 17, 1975, effective Oct. 28, 1975. Amended: Filed Aug. 16, 1976, effective Dec. 11, 1976. Emergency amendment filed Nov. 9, 1978, effective Nov. 20, 1978, expired Feb. 11, 1979. Rescinded and readopted: Filed Nov. 8, 1978, effective Feb. 11, 1979. Rescinded and readopted: Filed Jan. 13, 1982, effective April 11, 1982. Amended: Filed Dec. 2, 1983, effective April 12, 1984. Amended: Filed July 29, 1988, effective Dec. 11, 1988. Amended: Filed Sept. 6, 1988, effective Dec. 11, 1988. Amended: Filed Sept. 6, 1989, effective Dec. 28, 1989. Amended: Filed Sept. 5, 1990, effective March 14, 1991. Amended: Filed March 4, 1991, effective July 8, 1991. Amended: Filed March 26, 1991, effective Sept. 30, 1991. Amended: Filed Feb. 1, 1994, effective July 30, 1994. Amended: Filed Dec. 22, 1997, effective June 30, 1998. Rescinded and readopted: Filed Sept. 8, 1998, effective Jan. 30, 1999. Amended: Filed July 26, 1999, effective Jan. 30, 2000. Amended: Filed March 10, 2000, effective Sept. 30, 2000. Amended: Filed Nov. 1, 2001, effective April 30, 2002. Rescinded and readopted: Filed Dec. 31, 2003, effective July 30, 2004. Amended: Filed Sept. 15, 2004, effective April 30, 2005. Moved to 20 CSR 2120-2.060, effective Aug. 28, 2006. Amended: Filed Feb. 16, 2006, effective Sept. 30, 2006.

*Original authority: 333.041, RSMo 1965, amended 1969, 1977, 1981, 1983, 1993, 1998, 2001; 333.042, RSMo 1993, amended 1998, 2001; 333.091, RSMo 1965, amended 1981; 333.111, RSMo 1965, amended 1981, 1993, 1995; and 333.121, RSMo 1965, amended 1981.