PURPOSE: This rule establishes a minimum disclosure requirement to provide better safeguards to Missouri citizens purchasing funeral services and merchandise and in particular, purchases of caskets and outer burial containers by requiring specific identifying information to be included on the written statement of charges.

1. (1) Every Missouri licensed funeral director responsible for providing funeral services or arranging for the delivery of any funeral merchandise, shall give or cause to be given to the person(s) making such arrangements a written statement of charges for the funeral merchandise and funeral services selected.

2. (2) At the time of need, a written statement of charges shall be completed and given to the person making the at-need arrangements. The written statement of charges shall be completed prior to the rendering of the funeral services or providing merchandise. At a minimum, the written statement of charges shall contain the following:

   1. (A) The name and signature of the Missouri licensed funeral director responsible for making the arrangements or providing the funeral merchandise;
   2. (B) The name and address of the Missouri licensed funeral establishment in charge of providing the merchandise or funeral services;
   3. (C) The name, address and signature of the person making the at-need arrangements;
   4. (D) The date of the signatures;
   5. (E) The name of the deceased;
   6. (F) The date of death;
   7. (G) The price of the service(s) selected and the price of the supplemental (additional) items;
   8. (H) The price of the merchandise selected including a detailed description of the casket and outer burial container;
   9. (I) The amount and description of all cash advance items; and
   10. (J) The method of payment.
3. (3) A preneed contact shall not be substituted for the written statement of charges required by the this rule.
4. (4) Violations of this rule will be deemed misconduct in the practice of funeral directing.
5. (5) 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 333.111 and 333.145, RSMo 2000.* This rule originally filed as 4 CSR 120-2.080. Original rule filed Oct. 17, 1975, effective Oct. 28, 1975. Amended: Filed Nov. 10, 1976, effective March 11, 1977. Emergency amendment filed Nov. 9, 1978, effective Nov. 20, 1978, expired Feb. 11, 1979. Amended: Filed Nov. 8, 1978, effective Feb. 11, 1978. Rescinded: Filed Jan. 13, 1982, effective April 11, 1982. Readopted: Filed Nov. 29, 1994, effective July 30, 1995. Amended: Filed Dec. 22, 1997, effective June 30, 1998. Amended: Filed May 3, 2004, effective Sept. 30, 2004. Moved to 20 CSR 2120-2.080, effective Aug. 28, 2006.

*Original authority: 331.111, RSMo 1965 amended 1981, 1993, 1995 and 333.145, RSMo 1981.