PURPOSE: The purpose of the rule is to provide clarification regarding what preneed falls within Chapter 436, RSMo and Chapter 214, RSMo.

1. (1) Pursuant to section 333.310, RSMo, a cemetery is exempt from the licensure requirements of sections 333.315 and 333.320, RSMo, when all of the following conditions are satisfied:

   1. (A) The cemetery has a current and valid license issued pursuant to section 214.275, RSMo;

   2. (B) All sales of merchandise made by the cemetery that would otherwise be defined as a preneed contract for funeral merchandise are made pursuant to a contract whereby such merchandise is either—

      1. 1. Purchased in conjunction with an interment right or

grave space subject to section 214.320, RSMo; or

1. 2. Made to be delivered to an interment right or grave

subject to section 214.320, RSMo, that is owned by the purchaser and identified in the contract;

1. (C) The cemetery has not been found to be in non-compliance with sections 214.385 or 214.387, RSMo, by the Office of Endowed Care Cemeteries pursuant to a completed examination, audit, decision of the Administrative Hearing Commission, or order of any court; and
2. (D) The cemetery does not offer funeral services that may only be provided by a Missouri licensed funeral director or embalmer.

AUTHORITY: sections 333.111 and 333.310, RSMo 2016.* Original rule filed Jan. 30, 2020, effective Aug. 30, 2020. *Original authority: 333.111, RSMo 1965, amended 1981, 1993, 1995 and 333.310, RSMo 2009.