Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment is to update the existing
regulation's terminology, provide additional clarification regarding the
chemical disposition process, and provide for board discretion to allow a
funeral establishment to continue operation at an approved temporary
location.
(1) Application for
a Missouri licensed funeral establishment license shall be made on the forms
provided by the board and be accompanied by the appropriate fee. Applications
are available from the board's office or the board's website at
http://pr.mo.gov/embalmers.asp.
Each application shall indicate which license classification is being
sought.
(2) There shall be the
following license classifications.
(A)
Function A establishments shall have authority to embalm dead human bodies and
to transport dead human bodies to and from the funeral establishment. An
establishment licensed only as a Function A establishment is prohibited from
the care and preparation of dead human bodies other than by embalming, and also
be prohibited from making funeral arrangements or embalming arrangements with
any unlicensed person, cremating, conducting visitations and funeral
ceremonies, and furnishing any funeral service in connection with the
disposition of dead human bodies, or selling of funeral merchandise. Each
Missouri licensed funeral establishment used solely or partially for embalming
shall contain a preparation room that shall be devoted to activities of, or
related to, the preparation or the embalming, or both, of dead human remains
and shall be equipped and maintained as described in
20 CSR
2120-2.090. Each Function A funeral establishment
licensed for embalming shall maintain on the premises a register log.
(B) Function B establishments shall have
authority to cremate through the use of any mechanical or chemical means dead
human bodies and to transport dead human bodies to and from the funeral
establishment. This establishment shall have a functioning cremation chamber
and/or functioning facilities for alkaline hydrolysis chemical process for
final disposition of a dead human body, except as otherwise provided by Chapter
333, RSMo, and the rules of the board. An establishment licensed only as a
Function B establishment is prohibited from the care and preparation of dead
human bodies other than by cremating, and is also prohibited from embalming,
making funeral arrangements or cremation arrangements with any unlicensed
person, conducting visitations and funeral ceremonies, and furnishing any
funeral service in connection with the disposition of dead human bodies or
selling funeral merchandise. In no event shall any licensee or licensed
establishment cremate human remains in the same retort used for cremating
non-human remains. Each Missouri licensed funeral establishment which is used
solely or partially for cremations shall be equipped and maintained as
described in 20 CSR 2120-2.071. This function
shall maintain on the premises in the cremation area a cremation log.
(C) Function C establishments shall have
authority for the care and preparation of dead human bodies, other than by
embalming or cremating, authority to transport dead human bodies to and from
the funeral establishment, make funeral arrangements, furnish any funeral
services in connection with the disposition of dead human bodies or the sale of
funeral merchandise, and file death certificates. This function shall contain a
separate area for the care and custody of dead human remains that is secured
with a functioning lock and a separate area for confidential conferences to
arrange funeral services. The Function C establishment shall have on-site
equipment necessary for arranging funeral services including tables or desks
and chairs for funeral service arrangement conferences and file cabinets for
the confidential storage of funeral records. This function shall contain an
available restroom and drinking water in the building and an area where funeral
ceremonies or visitations may be conducted. The establishment shall be equipped
with seating for visitations or funeral ceremonies, casket bier, register book
stand, and officiate stand. This function shall maintain on the Missouri
premises the following documents:
1. General
price list;
2. Preneed contracts
which have been cancelled or fulfilled;
3. Written Statements of Goods and
Services;
4. Authorizations to
embalm or cremate; and
5. Register
log.
(D) Function D
establishments shall have authority to conduct visitations and funeral
ceremonies only. A Function D license is dependent upon and shall be operated
under the supervision and ownership of a Function C establishment. This
function shall contain an available restroom and drinking water in the
building, and an area where funeral ceremonies or visitations may be conducted.
The establishment shall be equipped with seating for visitations or funeral
ceremonies, casket bier, register book stand, and officiate stand. Each
Function D funeral establishment shall maintain on the premises a register
log.
(E) Function E establishment
shall have authority to make funeral arrangements and furnish any funeral
services in connection with the disposition of dead human bodies or the sale of
funeral merchandise and file death certificates. This function shall have a
separate area for confidential conferences to arrange funeral services. The
Function E establishment shall have on site tables or desks and chairs for
funeral service arrangement conferences and file cabinets for the confidential
storage of funeral records. This function shall contain an available restroom
and drinking water in the building. The establishment is to be used only for
arranging funerals and visitations to be conducted at another facility, no
services shall be held at this establishment. This function shall maintain on
the premises the following documents:
1.
General price list;
2. Preneed
contracts which have been cancelled or fulfilled;
3. Written Statements of Goods and
Services;
4. Authorizations to
embalm or cremate; and
5. Register
log.
(3) If a
Missouri licensed funeral establishment wishes to add to its classification, it
shall file a new application for a Missouri licensed funeral establishment
indicating its new classification. If a Missouri licensed funeral establishment
desires to eliminate one (1) of its functions, it shall notify the board in
writing of its intention to surrender the function, but is not required to file
a new application for a new Missouri licensed funeral establishment.
(4) A Missouri licensed funeral establishment
shall be used only for the function for which it is licensed.
(5) Each application for a funeral
establishment shall be made in the name of the person or business entity
authorized to conduct business in Missouri. No license shall be issued to an
establishment that has no legal recognition. A Missouri licensed funeral
establishment shall maintain a current and active authorization to conduct
business in Missouri with the Missouri Secretary of State.
(6) A funeral establishment application shall
indicate the name and license number of the Missouri licensed funeral
director-in-charge, as defined by
20 CSR
2120-1.040. When the Missouri licensed funeral
director-in-charge changes , the new Missouri licensed funeral
director-in-charge and the former Missouri licensed funeral director-in-charge,
jointly or individually, shall notify the board of the change within fifteen
(15) days of the date when the change first occurs. Failure to notify the board
is a violation of this rule on the part of each Missouri funeral director
licensee and on the part of the Missouri licensed funeral establishment. A
change in the Missouri licensed funeral director-in-charge does not require a
new Missouri licensed funeral establishment license.
(7) Within thirty (30) days after an
application for a Missouri licensed funeral establishment has been received in
the board's office, the board shall cause the establishment to be inspected.
The board shall act on the application and, within thirty (30) days after the
application was received in the board's office, the applicant will be advised
whether the license is granted or denied. If an applicant determines the
establishment will not meet the qualifications for inspection or licensure
within the thirty- (30-) day application period, up to two (2) thirty- (30-)
day extensions of the application may be requested by the applicant in writing
to the board before the application expires. Each request for an extension
shall be received by the board prior to the expiration of the application or
extension period.
(8) The
establishment license issued by the board is effective for a fixed place or
establishment and for a specific name of a person or entity authorized to
conduct business in Missouri. The license issued by the board shall be
displayed in a conspicuous location accessible to the general public at that
location. Whenever the ownership, location, or name of the Missouri licensed
establishment is changed, a new license shall be obtained. If the Missouri
licensed funeral establishment maintains a chapel, preparation room, or other
facility in a building or portion physically separated from and located at a
place designated by an address differing from the office, chapel, or other
facilities of the applicant, the chapel, preparation room, or other funeral
facility otherwise located shall be deemed to be a separate funeral
establishment. Nothing contained in this rule shall be construed or interpreted
to require a separate registration for a building if it is joined or connected
by a private passage, walk or driveway existing between the registered
establishment and the other building.
(A) If
a change of ownership is caused by the elimination of a majority of the owners,
for whatever reason (death, sale of interest, divorce, etc.) without the
addition of any new owner(s), it is not necessary to obtain a new establishment
license. However, a new application for an establishment license form shall be
filed as an amended application prior to the change of ownership.
(B) A corporation is considered by law to be
a separate person. If a corporation owns a Missouri licensed funeral
establishment, it is not necessary to obtain a new establishment license or to
file an amended application for an establishment license if the owners of the
stock change.
(C) However, as a
separate person, if a corporation begins ownership of a Missouri licensed
funeral establishment or ceases ownership of a Missouri licensed funeral
establishment, a new establishment license shall be obtained regardless of the
relationship of the previous or subsequent owner to the corporation.
(9) The professional business and
practice of funeral directing shall be conducted only from a fixed place or
establishment that has been licensed by the board except as permitted by
section
333.071,
RSMo. The Missouri licensed funeral establishment physical facility shall be
under the general management and supervision of the Missouri licensed funeral
director-in-charge. Every Missouri licensed funeral establishment shall provide
and allow access to any member or agent of the board for the purpose of
inspection, investigation, examination, or audit as authorized in Chapters 333
and 436, RSMo. If any representative of the Missouri licensed funeral
establishment fails or refuses to provide or allow access, it shall be
considered a violation of this rule by the Missouri licensed funeral
establishment and by the Missouri licensed funeral director-in-charge of the
Missouri licensed funeral establishment. Additionally, if the Missouri licensed
funeral establishment representative who fails or refuses to provide or allow
access holds any license or registration issued by this board, that person is
in violation of this rule.
(10) No
one licensed by this board may be employed in any capacity by an unlicensed
funeral establishment. Violation of this section will be deemed misconduct in
the practice of embalming or funeral directing.
(11) Only one (1) Missouri funeral
establishment license will be issued by this board for any physical address
that is considered to be a Missouri licensed funeral establishment as defined
by statute and rule.
(12) If a
Missouri funeral establishment licensed by this board is destroyed by fire or
some other disaster or act of God, the board, in its discretion, for a period
of not more than six (6) months, may allow the Missouri licensed funeral
establishment to continue its operation from another Missouri licensed funeral
establishment or from a facility that has not been licensed as a funeral
establishment if the facility meets the minimum requirements for the functions
outlined in section (2) of this rule. The temporary location is not intended
for long-term use, but rather as a means to maintain the business of the
Missouri licensed establishment while it actively pursues the steps necessary
to re-open its facilities at the licensed location.
(A) If the Missouri licensed funeral
establishment has not been able to re-open its facilities at the licensed
location within the initial six (6) months, then the Missouri licensed funeral
establishment may make a written request to the board for an additional six (6)
months to continue to operate from its temporary location which the board may
grant, at its discretion. In order to operate at a temporary location, the
Missouri licensed funeral establishment must take all steps necessary to
maintain its establishment license in a current and active status.
(B) If the Missouri licensed funeral
establishment is unable to re-open its facilities at its licensed location
after the expiration of the second six (6) month extension, then the Missouri
licensed funeral establishment may make a written request and make an
appearance before the board to present its plan to re-open at the licensed
location and show good cause for any additional extension.
(C) Before a Missouri licensed funeral
establishment operates at any location other than its licensed location, that
establishment must make a written request to the board that sets forth the
reason a temporary location is required, the address of the requested temporary
location, and show a legal right to occupy the premises at the temporary
location that may include a deed, a rental agreement, a letter from the owner
of the temporary location, or other similar written documentation. Upon
approval of the temporary location, the board shall issue its written notice of
approval. The temporary location may not be used by the licensee until it
receives that written notice of approval from the board.
(D) When the Missouri licensed funeral
establishment is ready to re-open the facilities at the licensed location, it
must notify the board, in writing, that it is ready to re-open and the board
will conduct an inspection to ensure the facilities at the licensed location
comply with all requirements to be operated as a licensed establishment and
upon approval will provide written notice to the establishment that it is
approved to resume operations at the licensed location. No new application or
application fee shall be required.
(E) In order to operate at a temporary
location, the Missouri licensed funeral establishment must take all steps
necessary to maintain its establishment license in a current and active
status.
(13) A Missouri
licensed funeral establishment may use only its registered name(s) that are
registered with the board in any advertisement or holding out to the public.
(A) All signs, stationery, and any
advertising in newspapers, publications or otherwise, shall include the name(s)
of the Missouri licensed funeral establishment registered with the
board.
(B) It is not deemed to be
misleading if a listing appears in a telephone directory or national directory
if the name of the Missouri licensed funeral establishment changes after the
listing has been placed, but before a new directory is published.
(14) The interior and exterior of
the Missouri licensed funeral establishment physical plant shall be maintained
in a manner that does not present a potential or actual hazard to the health,
safety, or welfare of the public and kept free and clean of litter, dirt,
debris, and clutter.
(15) No person
is permitted in a preparation room during the course of embalming a dead human
body except the employees of the Missouri licensed funeral establishment in
that the human body is being embalmed, members of the family of the deceased,
and persons authorized by the members of the family of the deceased, or any
person otherwise authorized by law.
(16) According to section
333.330,
RSMo, the State Board of Embalmers and Funeral Directors may impose
disciplinary action for failure to obtain authorization to embalm from the
person entitled to custody or control of the body, if the body is embalmed. If
the body is not embalmed, a Missouri licensed funeral establishment shall not
hold the unembalmed body for any longer than twenty-four (24) hours unless the
unembalmed body is refrigerated in a cooling unit at a temperature of forty
degrees Fahrenheit (40° F) or cooler or encased in an airtight metal or
metal-lined burial case, casket or box that is closed and hermetically sealed.
If the deceased gave written authorization to embalm and did not revoke the
authorization, the authorization shall satisfy this requirement. If the
deceased did not give written authorization to embalm, the next of kin of the
deceased may give authorization to embalm. Authorization to embalm may be given
by the next of kin prior to the death of the person whose body is to be
embalmed. Authorization to embalm given prior to death may be in any written
document, including a preneed contract.
(A)
The next of kin, for purposes of this rule, is defined pursuant to section
194.119.2, RSMo.
(B) Any person or
friend who assumes responsibility for the disposition of the de ceased's
remains if no next of kin assumes such responsibility may authorize to embalm
the deceased;
(C) The county
coroner or medical examiner pursuant to the provisions of Chapter 58, RSMo may
authorize to embalm the deceased;
(D) If the body is required to be buried at
public expense, the body shall be disposed of according to the terms of section
194.150,
RSMo;
(E) If the Missouri licensed
funeral establishment receives no authorization to embalm from any of the
persons identified in subsections (16)(A), (B), or (C) of this rule, the
Missouri licensed funeral establishment may proceed with embalming if it has
attempted to locate a person from whom authorization to embalm may be obtained
for at least six (6) hours and it has a written statement from city, county, or
state law enforcement officials that they have assisted the Missouri licensed
funeral establishment in attempting to locate such a person. However, the
Missouri licensed embalmer may proceed to embalm sooner if the condition of the
body is such that waiting for six (6) hours would substantially impair the
ability to effectively embalm the body or if the deceased died as a result of a
communicable disease, was subject to isolation at the time of death;
and
(F) If a Missouri licensed
embalmer proceeds to embalm a body under the provisions of subsection (21)(E),
the Missouri licensed funeral establishment which employs the Missouri licensed
embalmer shall not require payment for the embalming unless the funeral
arrangements that are subsequently made authorized the embalming.
(17) Each Missouri licensed
funeral establishment shall maintain documentation of the following information
regarding authorization to embalm a body which is embalmed by or on behalf of
the Missouri licensed funeral establishment-
(A) When authorization to embalm is given in
writing:
1. The name of the
deceased;
2. The name and
signature of the person who is authorizing embalming;
3. The relationship of that person to the
deceased;
4. The time and date
authorization to embalm was given; and
5. The name and title of the person receiving
authorization to embalm on behalf of the Missouri licensed funeral
establishment; and
(B)
Authorization to embalm shall be given in writing if the person authorizing
embalming is present in the Missouri licensed funeral establishment or in the
physical presence of the person receiving authorization to embalm on behalf of
the Missouri licensed funeral establishment. If verbal authorization to embalm
is given, the Missouri licensed funeral establishment shall document:
1. The name of the person who is actually
authorizing embalming, if different from the person who is verbally
communicating authorization to embalm to the Missouri licensed funeral
establishment;
2. The relationship
of that person to the deceased;
3.
The name of the person who is verbally communicating authorization to embalm
and that person's relationship to the person who is actually authorizing
embalming;
4. The time and date
authorization to embalm was given; and
5. The name and title of the person receiving
authorization to embalm on behalf of the Missouri licensed funeral
establishment.
(18) Each Function A funeral establishment licensed
for embalming shall maintain on the premises in the preparation room a register
log.
(19) All documents required
by this rule to be maintained, shall be maintained on the premises of the
Missouri licensed funeral establishment for two (2) years from the date the
record was created. All documents required to be maintained by this rule may be
maintained electronically, but all documents shall be stored in such a manner
to allow access by the board and so the board, or its assignee, may easily and
timely obtain hard copies or electronic copies in a format easily readable by
the board, or its assignee.
(20)
Each funeral establishment shall maintain a register log on the premises of the
licensed funeral establishment and be easily accessible and in full view for a
board inspector. A register log shall include the following:
(A) The name of the deceased;
(B) The date and time the dead human body
arrived at the funeral establishment;
(C) The date and time the embalming took
place, if applicable;
(D) The name
and signature of the Missouri licensed embalmer, if applicable;
(E) The name and signature of the Missouri
registered apprentice embalmer, if any;
(F) The Missouri licensed embalmer's license
number, if applicable;
(G) The
Missouri apprentice embalmer registration number, if any; and
(H) The name of the licensed funeral
establishment, or other that was in charge of making the arrangements if from a
different location.
(21) No dead human body shall be buried, disinterred,
interred, or cremated within this state or removed from this state, unless the
burial, disinterment, interment, cremation, removal, or other authorized
disposition, is performed under the direction of a Missouri licensed funeral
establishment or Missouri licensed funeral director, unless otherwise
authorized by law. If the disinterment does not require legal notification to
the county coroner or medical examiner, a funeral director's presence may not
be required. Nothing in this rule shall be interpreted to require the use of a
Missouri licensed funeral establishment or director if the person(s) having the
right to control the incidents of burial request or determine otherwise,
provided that this provision does not exempt any person from licensure as
required by Chapter 333, RSMo.
(22) A licensee shall be prohibited from knowingly
using, placing, or including any false, misleading, deceptive, or materially
incorrect information, or assisting or enabling any person to provide such
information, on a death certificate filed in the state of Missouri.
(23) Whenever a dead human body is donated
to a medical or educational institution for medical and/or scientific study and
arrangements for return of the body to the legal next of kin have not been
made, then delivery of the body to the medical or educational institution shall
constitute final disposition. If, however, arrangements for return of the body
to the legal next of kin have been made, then final disposition shall be the
burial, interment, cremation, or removal of the body out of this state, after
the medical or educational institution has returned the body.
*Original authority: 333.061, RSMo 1965, amended 1981,
2001; 333.091, RSMo 1965, amended 1981; 333.111 , RSMo 1965, amended 1981,
1993, 1995; 333.121, RSMo 1965, amended 1981, 2007; and 333.145, RSMo
1981.
