333.061. No funeral establishment to be operated by unlicensed person--license requirements, application procedure--license may be suspended or revoked or not renewed.
No funeral establishment to be operated by unlicensed person--licenserequirements, application procedure--license may be suspended orrevoked or not renewed.
333.061. 1. No funeral establishment shall be operated in this stateunless the owner or operator thereof has a license issued by the board.
2. A license for the operation of a funeral establishment shall beissued by the board, if the board finds:
(1) That the establishment is under the general management and thesupervision of a duly licensed funeral director;
(2) That all embalming performed therein is performed by or under thedirect supervision of a duly licensed embalmer;
(3) That any place in the funeral establishment where embalming isconducted contains a preparation room with a sanitary floor, walls andceiling, and adequate sanitary drainage and disposal facilities includingrunning water, and complies with the sanitary standard prescribed by thedepartment of health and senior services for the prevention of the spread ofcontagious, infectious or communicable diseases;
(4) Each funeral establishment shall have available in the preparationor embalming room a register book or log which shall be available at all timesin full view for the board's inspector and the name of each body embalmed,place, if other than at the establishment, the date and time that theembalming took place, the name and signature of the embalmer and theembalmer's license number shall be noted in the book; and
(5) The establishment complies with all applicable state, county ormunicipal zoning ordinances and regulations.
3. The board shall grant or deny each application for a license pursuantto this section within thirty days after it is filed. The applicant mayrequest in writing up to two thirty-day extensions of the application,provided the request for an extension is received by the board prior to theexpiration of the thirty-day application or extension period.
4. Licenses shall be issued pursuant to this section upon applicationand the payment of a funeral establishment fee and shall be renewed at the endof the licensing period on the establishment's renewal date.
5. The board may refuse to renew or may suspend or revoke any licenseissued pursuant to this section if it finds, after hearing, that the funeralestablishment does not meet any of the requirements set forth in this sectionas conditions for the issuance of a license, or for the violation by the ownerof the funeral establishment of any of the provisions of section 333.121. Nonew license shall be issued to the owner of a funeral establishment or to anycorporation controlled by such owner for three years after the revocation ofthe license of the owner or of a corporation controlled by the owner. Beforeany action is taken pursuant to this subsection the procedure for notice andhearing as prescribed by section 333.121 shall be followed.
(L. 1965 p. 522 § 6, A.L. 1981 S.B. 16, A.L. 2001 H.B. 48)