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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 333 Embalmers and Funeral Directors
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As used in this chapter, unless the context requires otherwise,
the following terms have the meanings indicated:
(1) "Board", the state board of embalmers and funeral directors created
by this chapter;
(2) "Embalmer", any individual licensed to engage in the practice of
embalming;
(3) "Funeral director", any individual licensed to engage in the practice
of funeral directing;
(4) "Funeral establishment", a building, place or premises devoted to or
used in the care and preparation for burial or transportation of the
human dead and includes every building, place or premises maintained for
that purpose or held out to the public by advertising or otherwise to be
used for that purpose;
(5) "Person" includes a corporation, partnership or other type of
business organization;
(6) "Practice of embalming", the work of preserving, disinfecting and
preparing by arterial embalming, or otherwise, of dead human bodies for
funeral services, transportation, burial or cremation, or the holding of
oneself out as being engaged in such work;
(7) "Practice of funeral directing", engaging by an individual in the
business of preparing, otherwise than by embalming, for the burial,
disposal or transportation out of this state of, and the directing and
supervising of the burial or disposal of, dead human bodies or engaging
in the general control, supervision or management of the operations of a
funeral establishment. (L. 1965 p. 522 § 1)
1. No person shall engage in the practice of embalming in this
state unless he has a license as required by this chapter.
2. No person shall engage in the practice of funeral directing unless he
has a license issued under this chapter nor shall any person use in
connection with his name or business any of the words "undertaker",
"mortician", "funeral home", "funeral parlor", "funeral chapel", "funeral
consultant", "funeral director" or other title implying that he is in the
business defined as funeral directing herein, unless he or the individual
having control, supervision or management of his business is duly
licensed to practice funeral directing in this state. (L. 1965 p. 522 §
2, A.L. 1981 S.B. 16)
Each application for a license to practice either embalming or
funeral directing shall be in writing, addressed to the board, on forms
prescribed, verified and shall contain such information as is required by
the board. The application shall include a statement that it is made
under oath or affirmation and that its representations are true and
correct to the best knowledge and belief of the person signing same,
subject to the penalties of making a false affidavit or declaration. Each
application shall be accompanied by an embalming fee or funeral directing
fee. Any applicant for both a license to practice embalming and to
practice funeral directing shall pay both fees. If any applicant for a
license to practice embalming or funeral directing fails to pass the
examination given by the board, he may be given other examinations upon
payment of a reexamination fee. (L. 1965 p. 522 § 3, A.L. 1981 S.B. 16)
1. Each applicant for a license to practice funeral directing
shall furnish evidence to establish to the satisfaction of the board that
he or she is:
(1) At least eighteen years of age, and possesses a high school diploma
or equivalent thereof;
(2) Either a citizen or a bona fide resident of the state of Missouri or
entitled to a license pursuant to section 333.051, or a resident in a
county contiguous and adjacent to the state of Missouri who is employed
by a funeral establishment located within the state of Missouri, to
practice funeral 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 dead human
bodies within the state of Missouri and who is enrolled in an accredited
institution of mortuary science education shall register with the board
as a practicum student upon the form provided by the board. After such
registration, a student may assist, under the direct supervision of
Missouri licensed embalmers and funeral directors, in Missouri licensed
funeral establishments, while serving his or her practicum for the
accredited institution of mortuary science education. The form for
registration as a practicum student shall be accompanied by a fee in an
amount established by the board.
3. Each applicant for a license to practice embalming shall furnish
evidence to establish to the satisfaction of the board that he or she:
(1) Is at least eighteen years of age, and possesses a high school
diploma or equivalent thereof;
(2) Is either a citizen or bona fide resident of the state of Missouri or
entitled to a license pursuant to section 333.051, or a resident in a
county contiguous and adjacent to the state of Missouri who is employed
by a funeral establishment located within the state of Missouri, 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 education
accredited by the American Board of Funeral Service Education, or any
successor organization recognized by the United States Department of
Education, for funeral service education. If an applicant does not appear
for the final examination before the board within five years from the
date of his or her graduation from an accredited institution of mortuary
science education, his or her registration as a student embalmer shall be
automatically canceled;
(5) Upon due examination administered by the board, is possessed of a
knowledge of the subjects of embalming, anatomy, pathology, bacteriology,
mortuary administration, chemistry, restorative art, together with
statutes, rules and regulations governing the care, custody, shelter and
disposition of dead human bodies and the transportation thereof or has
passed the national board examination of the Conference of Funeral
Service Examining Boards. If any applicant fails to pass the state
examination, he or she may retake the examination at the next regular
examination meeting. The applicant shall notify the board office of his
or her desire to retake the examination at least thirty days prior to the
date of the examination. Each time the examination is retaken, the
applicant shall pay a new examination fee in an amount established by the
board;
(6) Has been employed full time in funeral service in a licensed funeral
establishment and has personally embalmed at least twenty-five dead human
bodies under the personal supervision of an embalmer who holds a current
and valid Missouri embalmer's license or an embalmer who holds a current
and valid embalmer's license in a state with which the Missouri board has
entered into a reciprocity agreement during an apprenticeship of not less
than twelve consecutive months. "Personal supervision" means that the
licensed embalmer shall be physically present during the entire embalming
process in the first six months of the apprenticeship period and
physically present at the beginning of the embalming process and
available for consultation and personal inspection within a period of not
more than one hour in the remaining six months of the apprenticeship
period. All transcripts and other records filed with the board shall
become a part of the board files.
4. If the applicant does not appear for oral examination within the five
years after his or her graduation from an accredited institution of
mortuary science education, then he or she must file a new application
and no fees paid previously shall apply toward the license fee.
5. Examinations required by this section and section 333.042 shall be
held at least twice a year at times and places fixed by the board. The
board shall by rule and regulation prescribe the standard for successful
completion of the examinations.
6. Upon establishment of his or her qualifications as specified by this
section or section 333.042, the board shall issue to the applicant a
license to practice funeral directing or embalming, as the case may
require, and shall register the applicant as a duly licensed funeral
director or a duly licensed embalmer. Any person having the
qualifications required by this section and section 333.042 may be
granted both a license to practice funeral directing and to practice
embalming.
7. The board shall, upon request, waive any requirement of this chapter
and issue a temporary funeral director's license, valid for six months,
to the surviving spouse or next of kin or the personal representative of
a licensed funeral director, or to the spouse, next of kin, employee or
conservator of a licensed funeral director disabled because 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)
1. Every person desiring to enter the profession of funeral
directing in this state shall make application with the state board of
embalmers and funeral directors and pay the current application and
examination fees. Applicants not entitled to a license pursuant to
section 333.051 shall serve an apprenticeship for at least twelve months
in a funeral establishment licensed for the care and preparation for
burial and transportation of the human dead in this state or in another
state which has established standards for admission to practice funeral
directing equal to, or more stringent than, the requirements for
admission to practice funeral directing in this state. The applicant
shall devote at least fifteen hours per week to his or her duties as an
apprentice under the supervision of a Missouri licensed funeral director.
Such applicant shall submit proof to the board, on forms provided by the
board, that the applicant has arranged and conducted ten funeral services
during the applicant's apprenticeship under the supervision of a Missouri
licensed funeral director. Upon completion of the apprenticeship, the
applicant shall appear before the board to be tested on the applicant's
legal and practical knowledge of funeral directing, funeral home
licensing, preneed funeral contracts and the care, custody, shelter,
disposition and transportation of dead human bodies. Upon acceptance of
the application and fees by the board, an applicant shall have
twenty-four months to successfully complete the requirements for
licensure found in this section or the application for licensure shall be
canceled.
2. If a person applies for a limited license to work only in a funeral
establishment which is licensed only for cremation, including
transportation of dead human bodies to and from the funeral
establishment, he or she shall make application, pay the current
application and examination fee and successfully complete the Missouri
law examination. He or she shall be exempt from the twelve-month
apprenticeship and the practical examination before the board. If a
person has a limited license issued pursuant to this subsection, he or
she may obtain a full funeral director's license if he or she fulfills
the apprenticeship and successfully completes the funeral director
practical examination.
3. If an individual is a Missouri licensed embalmer or has graduated from
an institute of mortuary science education accredited by the American
Board of Funeral Service Education or any successor organization
recognized by the United States Department of Education for funeral
service education, or has successfully completed a course of study in
funeral directing offered by a college accredited by a recognized
national, regional or state accrediting body and approved by the state
board of embalmers and funeral directors, and desires to enter the
profession of funeral directing in this state, the individual shall
comply with all the requirements for licensure as a funeral director
pursuant to subsection 1 of section 333.041 and subsection 1 of this
section; however, the individual is exempt from the twelve-month
apprenticeship required by subsection 1 of this section. (L. 1993 S.B.
27, A.L. 1998 S.B. 854, A.L. 2001 H.B. 48)
1. Any nonresident individual holding a valid, unrevoked and
unexpired license as a funeral director or embalmer in the state of his
residence may be granted a license to practice funeral directing or
embalming in this state on application to the board and on providing the
board with such evidence as to his qualifications as is required by the
board. No license shall be granted to a nonresident applicant except one
who resides in a county contiguous and adjacent to the state of Missouri
and who is regularly engaged in the practice of funeral directing or
embalming, as defined by this chapter, at funeral establishments within
this state or in an establishment located in a county contiguous and
adjacent to the state of Missouri, unless the law of the state of the
applicant's residence authorizes the granting of licenses to practice
funeral directing in such state to persons licensed as funeral directors
under the law of the state of Missouri.
2. Any individual holding a valid, unrevoked and unexpired license as an
embalmer or funeral director in another state having requirements
substantially similar to those existing in this state who is or intends
to become a resident of this state may apply for a license to practice in
this state by filing with the board a certified statement from the
examining board of the state or territory in which the applicant holds
his license showing the grade rating upon which his license was granted,
together with a recommendation, and the board shall grant the applicant a
license upon his successful completion of an examination over Missouri
laws as required in section 333.041 or section 333.042 if the board finds
that the applicant's qualifications meet the requirements for funeral
directors or embalmers in this state at the time the applicant was
originally licensed in the other state.
3. A person holding a valid, unrevoked and unexpired license to practice
funeral directing or embalming in another state or territory with
requirements less than those of this state may, after five consecutive
years of active experience as a licensed funeral director or embalmer in
that state, apply for a license to practice in this state after passing a
test to prove his proficiency, including but not limited to a knowledge
of the laws and regulations of this state as to funeral directing and
embalming. (L. 1965 p. 522 § 5, A.L. 1981 S.B. 16, A.L. 1998 S.B. 854)
1. No funeral establishment shall be operated in this state
unless the owner or operator thereof has a license issued by the board.
2. A license for the operation of a funeral establishment shall be issued
by the board, if the board finds:
(1) That the establishment is under the general management and the
supervision of a duly licensed funeral director;
(2) That all embalming performed therein is performed by or under the
direct supervision of a duly licensed embalmer;
(3) That any place in the funeral establishment where embalming is
conducted contains a preparation room with a sanitary floor, walls and
ceiling, and adequate sanitary drainage and disposal facilities including
running water, and complies with the sanitary standard prescribed by the
department of health and senior services for the prevention of the spread
of contagious, infectious or communicable diseases;
(4) Each funeral establishment shall have available in the preparation or
embalming room a register book or log which shall be available at all
times in 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 the embalming took place, the name and signature of the embalmer and
the embalmer's license number shall be noted in the book; and
(5) The establishment complies with all applicable state, county or
municipal zoning ordinances and regulations.
3. The board shall grant or deny each application for a license pursuant
to this section within thirty days after it is filed. The applicant may
request in writing up to two thirty-day extensions of the application,
provided the request for an extension is received by the board prior to
the expiration of the thirty-day application or extension period.
4. Licenses shall be issued pursuant to this section upon application and
the payment of a funeral establishment fee and shall be renewed at the
end of the licensing period on the establishment's renewal date.
5. The board may refuse to renew or may suspend or revoke any license
issued pursuant to this section if it finds, after hearing, that the
funeral establishment does not meet any of the requirements set forth in
this section as conditions for the issuance of a license, or for the
violation by the owner of the funeral establishment of any of the
provisions of section 333.121. No new license shall be issued to the
owner of a funeral establishment or to any corporation controlled by such
owner for three years after the revocation of the license of the owner or
of a corporation controlled by the owner. Before any action is taken
pursuant to this subsection the procedure for notice and hearing 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)
The business or profession of an individual licensed to practice
embalming or funeral directing shall be conducted and engaged in at a
funeral establishment. This section does not prevent a licensed funeral
director owning or employed by a licensed funeral establishment from
conducting an individual funeral from another and different funeral
establishment or at a church, a residence, public hall, or lodge room.
(L. 1965 p. 522 § 7, A.L. 1981 S.B. 16)
1. Each license issued to a funeral director or embalmer
pursuant to this chapter shall expire unless renewed on or before the
renewal date. The board may, however, provide for the renewal of licenses
held by individuals who are not actively engaged in practice and who are
over sixty-five years of age without fee. The board shall renew any such
license upon due application for renewal and upon the payment of the
renewal fee, except that no license shall expire during the period when
the holder thereof is actively engaged in the military service of the
United States. Any licensee exempted from the renewal of his or her
license because of military service shall, before beginning practice in
this state after leaving military service, apply for and pay the renewal
fee for the current licensing period.
2. When renewing a funeral director's or embalmer's license the licensee
shall specify the address of the funeral establishment at which he or she
is practicing or proposes to practice and shall notify the board of any
termination of his or her connection therewith. The licensee shall notify
the board of any new employment or connection with a funeral
establishment of a permanent nature. If the licensee is not employed at
or connected with a funeral establishment he shall notify the board of
his or her permanent address.
3. The holder of an expired license shall be issued a new license by the
board within two years of the renewal date after he or she has paid
delinquent renewal fees. Any license not renewed within two years shall
be void.
4. Failure of the licensee to receive the renewal notice shall not
relieve the licensee of the duty to pay the renewal fee and renew his or
her license. (L. 1965 p. 522 § 8, A.L. 1981 S.B. 16, A.L. 2001 H.B. 48)
Each establishment, funeral director or embalmer receiving a
license under this chapter shall have the license recorded in the office
of the local registrar of vital statistics of the registration district
in which the licensee practices. The licenses or duplicates shall be
displayed in the office(s) or place(s) of business. (L. 1965 p. 522 § 9,
A.L. 1981 S.B. 16)
The board or any member thereof or any agent duly authorized by
it may enter the office, premises, establishment or place of business of
any funeral service licensee in this state or any office, premises,
establishment or place where the practice of funeral directing or
embalming is carried on, or where such practice is advertised as being
carried on for the purpose of inspecting said office, premises or
establishment and for the purpose of inspecting the license and
registration of any licensee and the manner and scope of training given
by the licensee to the intern operating therein. (L. 1965 p. 522 § 10,
A.L. 1981 S.B. 16)
1. The board shall adopt and enforce rules and regulations for
the transaction of its business and for standards of service and practice
to be followed in the professions of embalming and funeral directing
deemed by it necessary for the public good and consistent with the laws
of this state. The board may also prescribe a standard of proficiency as
to the qualifications and fitness of those engaging in the practice of
embalming or funeral directing.
2. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter.
3. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1965 p. 522 § 11, A.L. 1981
S.B. 16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
1. The board may refuse to issue any certificate of registration
or authority, permit or license required pursuant to this chapter for one
or any combination of causes stated in subsection 2 of this section. The
board shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by this chapter or any person who has failed to renew or has
surrendered his certificate of registration or authority, permit or
license for any one or any combination of the following causes:
(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;
(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;
(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
any school;
(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter granted by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;
(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;
(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated hereunder;
(13) Violation of any professional trust or confidence;
(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;
(15) Violation of any of the provisions of chapter 193, RSMo, chapter
194, RSMo, or chapter 436, RSMo;
(16) Presigning a death certificate or signing a death certificate on a
body not embalmed by, or under the personal supervision of, the licensee;
(17) Obtaining possession of or embalming a dead human body without
express authority to do so from the person entitled to the custody or
control of the body;
(18) Failure to execute and sign the reverse side of a death certificate
on a body embalmed by, or under the personal supervision of, a licensee;
(19) Failure or refusal to properly guard against contagious, infectious
or communicable diseases or the spread thereof;
(20) Willfully and through undue influence selling a funeral;
(21) Refusing to surrender a dead human body upon request by the next of
kin, legal representative or other person entitled to the custody and
control of the body.
3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2, for disciplinary action are met, the board may, singly or
in combination, censure or place the person named in the complaint on
probation on such terms and conditions as the board deems appropriate for
a period not to exceed five years, or may suspend, for a period not to
exceed three years, or revoke the license, certificate, or permit. (L.
1965 p. 522 § 12, A.L. 1981 S.B. 16)
1. Every funeral firm in this state or the funeral service
licensee thereof shall give or cause to be given to the person or persons
making funeral arrangements or arranging for the disposition of a dead
human body, at the time such arrangements are completed and prior to the
time of rendering the service or providing the merchandise, a written
statement signed by the purchaser or purchasers or their legal
representatives, and a representative of the funeral establishment,
showing to the extent then known:
(1) The price of the service that the person or persons have selected and
what is included therein;
(2) The price of each of the supplemental items of service or merchandise
requested;
(3) The amount involved for each of the items for which the firm will
advance moneys as an accommodation to the family;
(4) The method of payment.
2. A funeral establishment shall not bill or cause to be billed any item
that is referred to as a "cash advance" item unless the net amount paid
for such item or items by the funeral establishment is the same as is
billed by the funeral establishment.
3. All merchandise displayed in or by funeral establishments in this
state shall have the price of the merchandise and included services, if
any, clearly marked or indicated on the merchandise at all times. (L.
1981 S.B. 16)
1. The state board of embalmers and funeral directors shall
consist of six members, including one voting public member, appointed by
the governor with the advice and consent of the senate. Each member,
other than the public member, appointed shall possess either a license to
practice embalming or a license to practice funeral directing in this
state or both said licenses and shall have been actively engaged in the
practice of embalming or funeral directing for a period of five years
next before his or her appointment. Each member shall be a United States
citizen, a resident of this state for a period of at least one year, a
qualified voter of this state and shall be of good moral character. Not
more than three members of the board shall be of the same political
party. The president of the Missouri Funeral Directors Association in
office at the time shall each, at least ninety days prior to the
expiration of the term of a board member, other than the public member,
or as soon as feasible after a vacancy on the board otherwise occurs,
submit to the director of the division of professional registration a
list of five persons qualified and willing to fill the vacancy in
question, with the request and recommendation that the governor appoint
one of the five persons so listed, and with the list so submitted, the
president of the Missouri Funeral Directors Association shall each
include in his or her letter of transmittal a description of the method
by which the names were chosen by that association.
2. Each member of the board shall serve for a term of five years. Any
vacancy on the board shall be filled by the governor and the person
appointed to fill the vacancy shall possess the qualifications required
by this chapter and shall serve until the end of the unexpired term of
his or her predecessor.
3. The public member shall be at the time of his or her appointment a
person who is not and never was a member of any profession licensed or
regulated pursuant to this chapter or the spouse of such person; and a
person who does not have and never has had a material, financial interest
in either the providing of the professional services regulated by this
chapter, or an activity or organization directly related to any
profession licensed or regulated pursuant to this chapter. All members,
including public members, shall be chosen from lists submitted by the
director of the division of professional registration. The duties of the
public member shall not include the determination of the technical
requirements to be met for licensure or whether any person meets such
technical requirements or of the technical competence or technical
judgment of a licensee or a candidate for licensure. (L. 1965 p. 522 §
15, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)
CROSS REFERENCE: Public member, additional duties, RSMo 620.132
Each member of the board shall be duly commissioned by the
governor and shall take and subscribe an oath to support the Constitution
of the United States and the state of Missouri and to demean himself
faithfully in office. A copy of the oath shall be endorsed on the
commission. (L. 1965 p. 522 § 16)
The board shall hold at least two regular meetings each year for
the purpose of administering examinations at times and places fixed by
the board. Other meetings shall be held at the times fixed by regulations
of the board or on the call of the chairman of the board. Notice of the
time and place of each regular or special meeting shall be mailed by the
executive secretary to each member of the board at least five days before
the date of the meeting. At all meetings of the board three members
constitute a quorum. The board may adopt and use a common seal. (L. 1965
p. 522 § 17, A.L. 1981 S.B. 16)
At one of its regular meetings, the board shall elect a
chairman, vice chairman and secretary from the members of the board. Each
such officer shall serve as such for a term fixed by regulation of the
board and shall perform such duties as are required by the regulations of
the board and by law. (L. 1965 p. 522 § 18)
The board shall publish notice of each examination held by the
board at least thirty days before any examination is to be held, advising
the time and place of the examination. (L. 1965 p. 522 § 20, A.L. 1980
H.B. 1266, A.L. 1981 S.B. 16)
1. Each member of the board shall receive as compensation an
amount set by the board not to exceed fifty dollars for each day devoted
to the affairs of the board, and shall be entitled to reimbursement of
his expenses necessarily incurred in the discharge of his official duties.
2. The board may employ such board personnel, as defined in subdivision
(4) of subsection 16 of section 620.010, RSMo, as is necessary for the
administration of this chapter. (L. 1965 p. 522 § 22, A.L. 1980 H.B.
1266, A.L. 1981 S.B. 16)
1. All fees payable under this chapter shall be collected by the
division of professional registration and transmitted to the department
of revenue for deposit in the state treasury to the credit of the fund to
be known as the "Board of Embalmers and Funeral Directors' Fund".
2. All compensation of board members and employees and all expenses
incident to the administration of this chapter shall be paid out of the
board of embalmers and funeral directors' fund. No expense of this board
shall ever be paid out of any other fund of the state, either by
deficiency bill or otherwise.
3. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (L. 1965 p. 522 § 23, A.L.
1980 H.B. 1266, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99)
1. Upon application by the board, and the necessary burden
having been met, a court of general jurisdiction may grant an injunction,
restraining order or other order as may be appropriate to enjoin a person
from:
(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required upon a showing that such acts or practices were
performed or offered to be performed without a certificate of
registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a substantial probability
of serious danger to the health, safety or welfare of any resident of
this state or client or patient of the licensee.
2. Any such action shall be commenced either in the county in which such
conduct occurred or in the county in which the defendant resides.
3. Any action brought under this section shall be in addition to and not
in lieu of any penalty provided by this chapter and may be brought
concurrently with other actions to enforce this chapter. (L. 1965 p. 522
§ 24, A.L. 1981 S.B. 16)
Nothing in this chapter shall apply to nor in any manner
interfere with the duties of any officer of local or state institutions,
nor shall this chapter apply to any person engaged simply in the
furnishing of burial receptacles for the dead, but shall only apply to
persons engaged in the business of embalming or funeral directing. (L.
1965 p. 522 § 25)
Any person who violates any provision of this chapter is guilty
of a class A misdemeanor. (L. 1965 p. 522 § 26, A.L. 1981 S.B. 16)
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