333.041. Qualifications of applicants--examinations--licenses--board may waive requirements in certain cases.

Qualifications of applicants--examinations--licenses--board may waiverequirements in certain cases.

333.041. 1. Each applicant for a license to practice funeraldirecting shall furnish evidence to establish to the satisfaction of theboard that he or she is:

(1) At least eighteen years of age, and possesses a high schooldiploma or equivalent thereof;

(2) Either a citizen or a bona fide resident of the state of Missourior entitled to a license pursuant to section 333.051, or a resident in acounty contiguous and adjacent to the state of Missouri who is employed bya funeral establishment located within the state of Missouri, to practicefuneral directing upon the grant of a license to do so; and

(3) A person of good moral character.

2. Every person desiring to enter the profession of embalming deadhuman bodies within the state of Missouri and who is enrolled in anaccredited institution of mortuary science education shall register withthe board as a practicum student upon the form provided by the board.After such registration, a student may assist, under the direct supervisionof Missouri licensed embalmers and funeral directors, in Missouri licensedfuneral establishments, while serving his or her practicum for theaccredited institution of mortuary science education. The form forregistration as a practicum student shall be accompanied by a fee in anamount established by the board.

3. Each applicant for a license to practice embalming shall furnishevidence to establish to the satisfaction of the board that he or she:

(1) Is at least eighteen years of age, and possesses a high schooldiploma or equivalent thereof;

(2) Is either a citizen or bona fide resident of the state ofMissouri or entitled to a license pursuant to section 333.051, or aresident in a county contiguous and adjacent to the state of Missouri whois employed by a funeral establishment located within the state ofMissouri, to practice embalming upon the grant of a license to do so;

(3) Is a person of good moral character;

(4) Has graduated from an institute of mortuary science educationaccredited by the American Board of Funeral Service Education, or anysuccessor organization recognized by the United States Department ofEducation, for funeral service education. If an applicant does not appearfor the final examination before the board within five years from the dateof his or her graduation from an accredited institution of mortuary scienceeducation, his or her registration as a student embalmer shall beautomatically canceled;

(5) Upon due examination administered by the board, is possessed of aknowledge of the subjects of embalming, anatomy, pathology, bacteriology,mortuary administration, chemistry, restorative art, together withstatutes, rules and regulations governing the care, custody, shelter anddisposition of dead human bodies and the transportation thereof or haspassed the national board examination of the Conference of Funeral ServiceExamining Boards. If any applicant fails to pass the state examination, heor she may retake the examination at the next regular examination meeting.The applicant shall notify the board office of his or her desire to retakethe examination at least thirty days prior to the date of the examination.Each time the examination is retaken, the applicant shall pay a newexamination fee in an amount established by the board;

(6) Has been employed full time in funeral service in a licensedfuneral establishment and has personally embalmed at least twenty-five deadhuman bodies under the personal supervision of an embalmer who holds acurrent and valid Missouri embalmer's license or an embalmer who holds acurrent and valid embalmer's license in a state with which the Missouriboard has entered into a reciprocity agreement during an apprenticeship ofnot less than twelve consecutive months. "Personal supervision" means thatthe licensed embalmer shall be physically present during the entireembalming process in the first six months of the apprenticeship period andphysically present at the beginning of the embalming process and availablefor consultation and personal inspection within a period of not more thanone hour in the remaining six months of the apprenticeship period. Alltranscripts and other records filed with the board shall become a part ofthe board files.

4. If the applicant does not appear for oral examination within thefive years after his or her graduation from an accredited institution ofmortuary science education, then he or she must file a new application andno fees paid previously shall apply toward the license fee.

5. Examinations required by this section and section 333.042 shall beheld at least twice a year at times and places fixed by the board. Theboard shall by rule and regulation prescribe the standard for successfulcompletion of the examinations.

6. Upon establishment of his or her qualifications as specified bythis section or section 333.042, the board shall issue to the applicant alicense to practice funeral directing or embalming, as the case mayrequire, and shall register the applicant as a duly licensed funeraldirector or a duly licensed embalmer. Any person having the qualificationsrequired by this section and section 333.042 may be granted both a licenseto practice funeral directing and to practice embalming.

7. The board shall, upon request, waive any requirement of thischapter and issue a temporary funeral director's license, valid for sixmonths, to the surviving spouse or next of kin or the personalrepresentative of a licensed funeral director, or to the spouse, next ofkin, employee or conservator of a licensed funeral director disabledbecause of sickness, mental incapacity or injury.

(L. 1965 p. 522 § 4, A.L. 1969 H.B. 56, A.L. 1977 S.B. 6, A.L. 1981 S.B. 16, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 27, A.L. 1998 S.B. 854, A.L. 2001 H.B. 48)