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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC HEALTH AND WELFARE
Chapter : Chapter 194 Death--Disposition of Dead Bodies
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For all legal purposes, the occurrence of human death shall be
determined in accordance with the usual and customary standards of
medical practice, provided that death shall not be determined to have
occurred unless the following minimal conditions have been met:
(1) When respiration and circulation are not artificially maintained,
there is an irreversible cessation of spontaneous respiration and
circulation; or
(2) When respiration and circulation are artificially maintained, and
there is a total and irreversible cessation of all brain function,
including the brain stem and that such determination is made by a
licensed physician. (L. 1982 H.B. 1223 § 1)
A disinterred human body, dead of a disease or any cause, will
be treated as infectious and dangerous to the public health, and shall
not be offered to or accepted by any common carrier for transportation
unless it is encased in an airtight metal or metal-lined burial case,
coffin, casket or box that is closed and hermetically sealed. (RSMo 1939
§ 9788)
Prior revisions: 1929 § 9067; 1919 § 5823; 1909 § 6691
When hermetic sealing is required herein, the burial case,
coffin, casket or box used must be of metal, or of other material with
metal lining, and must be so constructed that when closed and fastened
the same shall be airtight. (RSMo 1939 § 9790)
Prior revisions: 1929 § 9069; 1919 § 5825; 1909 § 6693
No dead human body shall be offered to or accepted by any common
carrier for transportation unless it is in a burial case, coffin or
casket that is securely closed, and the burial case, coffin, or casket
containing the body is in a wooden, metal or metal-lined box that is
securely closed, and on the top of the box must appear the name of the
deceased, the destination, the time and place of death, the cause of
death, the name of the attending physician or coroner, and the name of
the person who prepared the body for shipment. (RSMo 1939 § 9793, A.L.
1984 S.B. 574)
Prior revisions: 1929 § 9072; 1919 § 5828; 1909 § 6696
The body of any person having died of Asiatic cholera
(cholerine), typhus or ship fever, yellow fever, or bubonic plague, shall
not be offered to or accepted by any common carrier for transportation
unless it shall have been prepared for shipment in accordance with
section 194.080, and under the supervision of an officer of the
department of health and senior services, or supervision of a member of
the state board of embalmers and funeral directors. (RSMo 1939 § 9784)
Prior revisions: 1929 § 9063; 1919 § 5819; 1909 § 6687
The body of any person having died of diphtheria (membranous
croup), scarlet fever (scarlatina or scarlet rash), glanders, anthrax,
leprosy or smallpox shall not be offered to or accepted by any common
carrier for transportation unless: (1) It shall have been thoroughly
embalmed by arterial and cavity injection with a disinfecting fluid, the
orifices disinfected and packed with cotton, and the whole exterior of
the body washed with a disinfecting fluid; or (2) unless it shall have
been completely wrapped in a sheet that is saturated with a solution of
bichloride of mercury, in the proportion of one ounce of bichloride of
mercury to one gallon of water, and encased in an airtight metal or
metal-lined burial case, coffin, casket or box that is closed and
hermetically sealed. (RSMo 1939 § 9785)
Prior revisions: 1929 § 9064; 1919 § 5820; 1909 § 6688
The body of any person having died of tuberculosis, puerperal
fever, typhoid fever, erysipelas, measles, or other dangerous or
communicable diseases other than those specified in sections 194.070 and
194.080, shall not be offered to or accepted by any common carrier for
transportation, unless such body shall have been thoroughly embalmed by
arterial and cavity injection with a disinfecting fluid, as specified in
section 194.080; or, if such body is not so embalmed, it must be encased
in an airtight metal or metal-lined burial case, coffin, casket or box
that is closed and hermetically sealed. The body of any person having
died of a disease that is contagious, infectious or communicable must not
be accompanied by clothing or articles that have been exposed to the
infection of such disease. (RSMo 1939 § 9786)
Prior revisions: 1929 § 9065; 1919 § 5821; 1909 § 6689
The body of any person having died of a cause or disease that is
not contagious, infectious or communicable, and from which no offensive
odor emits, may be offered to and accepted by any common carrier for
transportation; provided, the destination can be reached within
twenty-four hours from the time of death of such person, but if the
destination cannot be reached within twenty-four hours from the time of
such death, then the body must be thoroughly embalmed by arterial and
cavity injection with a disinfecting fluid, or encased in an airtight
metal or metal-lined burial case, coffin, casket or box that is closed
and hermetically sealed. (RSMo 1939 § 9787)
Prior revisions: 1929 § 9066; 1919 § 5822; 1909 § 6690
In addition to any records filed pursuant to chapter 193, RSMo,
any person or owner or operator of any cemetery which removes any body
which has been properly buried or interred for transportation to a
location outside the original cemetery shall, prior to such disinterment,
file notice with the county coroner or county medical examiner and also
notify by certified mail, the closest living relative known to the
cemetery operator, of the body being moved. Such notice shall provide the
name and address of the person moving the body, the name of the person
whose body is to be moved, and the location to which the body is to be
moved. Transportation of the body shall be in accordance with the
provisions of sections 194.010 to 194.110, and in accordance with any
other applicable law or regulation. (L. 1989 S.B. 389, A.L. 1990 H.B.
1079)
Any person, firm, company or corporation, or agent thereof, who
shall fail, refuse or neglect to comply with any of the provisions of
sections 194.010 to 194.110, or any part of such provisions, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall be
fined in the sum of not less than twenty-five dollars nor more than five
hundred dollars, or by imprisonment in the county jail for not less than
thirty days nor more than sixty days, or by both such fine and
imprisonment. (RSMo 1939 § 9794)
Prior revisions: 1929 § 9073; 1919 § 5829; 1909 § 6697
1. Except when ordered or directed by a public officer, court of
record or agency authorized by law to order an autopsy or postmortem
examination, it is unlawful for any licensed physician and surgeon to
perform an autopsy or postmortem examination upon the remains of any
person without the consent of one of the following:
(1) The deceased, if in writing, and duly signed and acknowledged prior
to his death; or
(2) A person designated by the deceased in a durable power of attorney
that expressly refers to the giving of consent to an autopsy or
postmortem examination; or
(3) The surviving spouse; or
(4) If the surviving spouse through injury, illness or mental capacity is
incapable of giving his or her consent, or if the surviving spouse is
unknown, or his or her address unknown or beyond the boundaries of the
United States, or if he or she has been separated and living apart from
the deceased, or if there is no surviving spouse, then any surviving
child, parent, brother or sister, in the order named; or
(5) If no surviving child, parent, brother or sister can be contacted by
telephone or telegraph, then any other relative, by blood or marriage; or
(6) If there are no relatives who assume the right to control the
disposition of the remains, then any person, friend or friends who assume
such responsibility.
2. If the surviving spouse, child, parent, brother or sister hereinabove
mentioned is under the age of twenty-one years, but over the age of
sixteen years, such minor shall be deemed of age for the purpose of
granting the consent hereinabove required.
3. Any licensed physician and surgeon performing an autopsy or postmortem
examination with the consent of any of the persons enumerated in
subsection 1 of this section shall use his judgment as to the scope and
extent to be performed, and shall be in no way liable for such action.
4. It is unlawful for any licensed physician, unless specifically
authorized by law, to hold a postmortem examination on any unclaimed dead
without the consent required by section 194.170.
5. Any person not a licensed physician performing an autopsy or any
licensed physician performing an autopsy without the authorization herein
required shall upon conviction be adjudged guilty of a misdemeanor, and
subject to the penalty provided for in section 194.180.
6. If an autopsy is performed on a deceased patient and an autopsy report
is prepared, such report shall be made available upon request to the
personal representative or administrator of the estate of the deceased,
the surviving spouse, any surviving child, parent, brother or sister of
the deceased. (L. 1953 p. 629 § 1, A.L. 1961 p. 514, A.L. 1989 H.B. 145,
A.L. 2001 S.B. 267)
Any person who discovers the dead body of, or acquires the first
knowledge of the death of, any child under the age of one year and over
the age of one week, where the child died suddenly when in apparent good
health, shall immediately notify the county coroner or medical examiner
of the known facts concerning the time, place, manner, and circumstances
of the death. All such deaths shall be autopsied by a certified child
death pathologist. The coroner or medical examiner shall notify the
parent or guardian of the child that an autopsy shall be performed at the
expense of the state. The department of health and senior services shall
receive prompt notification of such autopsy results. The results from the
autopsy shall be reduced to writing and delivered to the state department
of health and senior services. The term "sudden infant death syndrome"
shall be entered on the death certificate as the principal cause of death
where the term is appropriately descriptive of the circumstances
surrounding the death of the child. The cost of the autopsy and
transportation of the body shall be paid by the department of health and
senior services, and the department shall pay, out of appropriations made
for that purpose, as a reimbursement to the certified child death
pathologist such costs that are within the limitation of maximum rates
established by the rules and regulations of the department. Autopsies
under this section shall be performed by pathologists deemed qualified to
perform autopsies by the department of health and senior services and who
agree to perform the autopsy according to protocols developed pursuant to
section 210.196, RSMo. The certified child death pathologist shall ensure
that a tangible summary of the autopsy results is provided to the parents
or guardian of the child and shall provide informational material on the
subject of sudden infant death syndrome to the family within one week
after the autopsy is performed. A form letter developed by the department
of health and senior services shall include a statement informing the
parents or guardian of the right to receive the full autopsy results in
cases of suspected sudden infant death syndrome. The certified child
death pathologist shall, upon request by the parents or guardian, release
the full autopsy results to the parents, guardian or family physician in
cases of suspected sudden infant death syndrome within thirty days of
such request. The tangible summary and full autopsy report shall be
provided at no cost to the parents or guardian. The director of the
department of health and senior services shall prescribe reasonable rules
and regulations necessary to carry out the provisions of this section,
including the establishment of a cost schedule and standards for
reimbursement of costs of autopsies performed pursuant to the provisions
of this section. The provisions of this section shall not be construed so
as to limit, restrict or otherwise affect any power, authority, duty or
responsibility imposed by any other provision of law upon any coroner or
medical examiner. The department of health and senior services may
receive grants of money or other aid from federal and other public and
private agencies or individuals for the administration or funding of this
section or any portion thereof or for research to determine the cause and
prevention of deaths caused by sudden infant death syndrome. (L. 1978
S.B. 765 § 1, A.L. 1991 H.B. 185, A.L. 1993 S.B. 253 merged with S.B.
394, A.L. 1999 S.B. 25)
1. As used in this section, the term "right of sepulcher" means
the right to choose and control the burial, cremation, or other final
disposition of a dead human body.
2. For purposes of this chapter and chapters 193, 333, and 436, RSMo, and
in all cases relating to the custody, control, and disposition of
deceased human remains, including the common law right of sepulcher,
where not otherwise defined, the term "next-of-kin" means the following
persons in the priority listed if such person is eighteen years of age or
older, is mentally competent, and is willing to assume responsibility for
the costs of disposition:
(1) The surviving spouse;
(2) Any surviving child of the deceased. If a surviving child is less
than eighteen years of age and has a legal or natural guardian, such
child shall not be disqualified on the basis of the child's age and such
child's legal or natural guardian, if any, shall be entitled to serve in
the place of the child unless such child's legal or natural guardian was
subject to an action in dissolution from the deceased. In such event the
person or persons who may serve as next-of-kin shall serve in the order
provided in subdivisions (3) to (8) of this subsection;
(3) (a) Any surviving parent of the deceased; or
(b) If the deceased is a minor, a surviving parent who has custody of the
minor; or
(c) If the deceased is a minor and the deceased's parents have joint
custody, the parent whose residence is the minor child's residence for
purposes of mailing and education;
(4) Any surviving sibling of the deceased;
(5) Any person designated by the deceased to act as next-of-kin pursuant
to a valid designation of right of sepulcher as provided in subsection 8
of this section;
(6) The next nearest surviving relative of the deceased by consanguinity
or affinity;
(7) Any person or friend who assumes financial responsibility for the
disposition of the deceased's remains if no next-of-kin assumes such
responsibility;
(8) The county coroner or medical examiner; provided however that such
assumption of responsibility shall not make the coroner, medical
examiner, the county, or the state financially responsible for the cost
of disposition.
3. The next-of-kin of the deceased shall be entitled to control the final
disposition of the remains of any dead human being consistent with all
applicable laws, including all applicable health codes.
4. A funeral director or establishment is entitled to rely on and act
according to the lawful instructions of any person claiming to be the
next- of-kin of the deceased; provided however, in any civil cause of
action against a funeral director or establishment licensed pursuant to
this chapter for actions taken regarding the funeral arrangements for a
deceased person in the director's or establishment's care, the relative
fault, if any, of such funeral director or establishment may be reduced
if such actions are taken in reliance upon a person's claim to be the
deceased person's next-of-kin.
5. Any person who desires to exercise the right of sepulcher and who has
knowledge of an individual or individuals with a superior right to
control disposition shall notify such individual or individuals prior to
making final arrangements.
6. If an individual with a superior claim is personally served with
written notice from a person with an inferior claim that such person
desires to exercise the right of sepulcher and the individual so served
does not object within forty-eight hours of receipt, such individual
shall be deemed to have waived such right. An individual with a superior
right may also waive such right at any time if such waiver is in writing
and dated.
7. If there is more than one person in a class who are equal in priority
and the funeral director has no knowledge of any objection by other
members of such class, the funeral director or establishment shall be
entitled to rely on and act according to the instructions of the first
such person in the class to make arrangements; provided that such person
assumes responsibility for the costs of disposition and no other person
in such class provides written notice of his or her objection.
8. Any person may designate an individual to be his or her closest
next-of-kin, regardless of blood or marital relationship, by means of a
written instrument that is signed, dated, and verified. Such designation
of right of sepulcher shall be witnessed by two persons, and shall
contain the names and last known address of each person entitled to be
next-of-kin but for the execution of the designation of right of
sepulcher and who are higher in priority than the person so designated.
(L. 2003 H.B. 394)
1. That the heads of departments of anatomy, professors and
associate professors of anatomy at the educational institutions of the
state of Missouri which are now or may hereafter become incorporated, and
in which said educational institutions human anatomy is investigated or
taught to students in attendance at said educational institutions, shall
be and hereby are constituted the "Missouri State Anatomical Board",
herein referred to in sections 194.120 to 194.180 as "the board".
2. The board shall have exclusive charge and control of the disposal and
delivery of dead human bodies, as described in sections 194.120 to
194.180, to and among such educational institutions as under the
provisions of said sections are entitled thereto.
3. The secretary of the board shall keep an accurate record of all bodies
received and distributed by the board, showing the dates of receipt and
distribution, the sources from which they came to the board, and the name
and address of the educational institutions to which the same were sent,
which record shall be at all times open to the inspection of each member
of the board and of any prosecuting attorney or circuit attorney of any
county or city within the state of Missouri. (RSMo 1939 § 9998)
Prior revisions: 1929 § 9128; 1919 § 7343; 1909 § 8324
CROSS REFERENCE: Board transferred to department of higher education by
the Reorganization Act of 1974. See section 173.005.
1. Each educational institution entitled by sections 194.120 to
194.180 to receive dead human bodies shall have, through its
representatives in attendance at the regular or called meetings of the
board, one vote and no more on any and all matters voted upon. There
shall be at least one regular meeting each year, held at such time and
place as the board may decide.
2. The board shall adopt its own bylaws, elect or otherwise designate or
select its own officers and agents, and determine their compensation.
3. Each educational institution accepting the provisions of sections
194.120 to 194.180 shall remit to the board a sum to be fixed and
determined by the board; said sum shall be in proportion to the total
number of students in attendance at said educational institutions as set
forth in the affidavit provided for in section 194.140, or so much per
capita for each of said students within sixty days after the beginning of
each term. The funds so received shall be used in providing for the
expense incurred in the conduct of the affairs of the board, and the
board shall have the exclusive custody and control of such funds and
their disbursements. (RSMo 1939 § 10003)
Prior revisions: 1929 § 9133; 1919 § 7348; 1909 § 8329
1. The president and secretary, or the dean and registrar, of
any educational institution in this state in which human anatomy is being
investigated or taught, desiring to accept the provisions of sections
194.120 to 194.180, shall, within thirty days of the first day of each
term of said educational institution, make and furnish to the secretary
of the board a sworn statement setting forth the number of students in
attendance at such educational institution.
2. No educational institution shall be allowed or permitted to receive
any body or bodies in the manner provided for by sections 194.120 to
194.180 until a bond, approved as to form by the attorney general of this
state, shall have been given to the board by or in behalf of such
educational institution, which bond shall be in the penal sum of one
thousand dollars, conditioned that all such bodies which the said
educational institution shall receive thereafter in the manner provided
by said sections, shall be used only for the promotion or application of
anatomical knowledge and science; and whosoever shall sell or buy such
body or bodies, or part or parts of body or bodies, or in any way traffic
in the same, or shall transmit or convey or cause to be transmitted or
conveyed such body or bodies, or part or parts of such body or bodies, to
any place outside of this state, shall be deemed guilty of a misdemeanor
and shall, upon conviction, be subject to a fine not exceeding two
hundred dollars or be imprisoned for a term not exceeding one year, or
both; but this section shall not be construed as prohibiting any
physician or dentist licensed to practice his profession in this state,
or teachers or investigators of anatomy in said institutions, from
transporting human specimens outside of the state for temporary use at
scientific meetings or exhibits. (RSMo 1939 § 9999)
Prior revisions: 1929 § 9131; 1919 § 7346; 1909 § 8327
1. Superintendents or wardens of penitentiaries, houses of
correction and bridewells, hospitals, insane asylums and poorhouses, and
coroners, sheriffs, jailers, city and county undertakers, and all other
state, county, town or city officers having the custody of the body of
any deceased person required to be buried at public expense, shall be and
hereby are required immediately to notify the secretary of the board, or
the person duly designated by the board or by its secretary to receive
such notice, whenever any such body or bodies come into his or their
custody, charge or control, and shall, without fee or reward, deliver,
within a period not to exceed thirty-six hours after death, except in
cases within the jurisdiction of a coroner where retention for a longer
time may be necessary, such body or bodies into the custody of the board
and permit the board or its agent or agents to take and remove all such
bodies, or otherwise dispose of them; provided, that each educational
institution receiving a body from the board shall hold such body for at
least thirty days, during which time any relative or friend of any such
deceased person or persons shall have the right to take and receive the
dead body from the possession of any person in whose charge or custody it
may be found, for the purpose of interment, upon paying the expense of
such interment.
2. Each educational institution securing a dead body shall pay all
necessary expense incurred in the delivery thereof, including cost of
notice to the secretary of the board or his agent, which notice shall be
by telegraph, when necessary to insure immediate notice. A correct record
of all such bodies, including the name and date of death, shall be kept
in a book provided for that purpose by the county clerk of the county in
which such person died, and by the city health commissioner of the city
of St. Louis, and such record shall be promptly furnished said officer by
the person or persons reporting said bodies to the secretary of the board
or his agent.
3. Whenever any person fails to give the notice and deliver the body of a
deceased person as required by this section, and by reason of such
failure such body shall become unfit for anatomical purposes, and is so
certified by the duly authorized officer or agent of the board, such body
shall be buried at the expense of the person so failing to notify and
deliver such body. (RSMo 1939 § 10000)
Prior revisions: 1929 § 9129; 1919 § 7344; 1909 § 8325
1. The secretary of the board shall cause to be distributed the
bodies aforesaid, to any of the educational institutions mentioned in
section 194.120, upon the acceptance and compliance by said educational
institution with the provisions of sections 194.120 to 194.180, in
proportion to the number of students in attendance at said educational
institutions where the subject of human anatomy is studied or
investigated.
2. The board may employ a carrier or carriers for the conveyance of such
bodies, which bodies shall be well enclosed within a suitable encasement,
and carefully deposited free from public observation. Said carrier shall
obtain a receipt from the officer or other person having custody of any
dead body subject to the provisions of sections 194.120 to 194.180 for
each body received by said carrier, and said receipt shall set forth the
name of the deceased, if known, and all other data that will aid in
identifying such body, and shall deposit this receipt with the secretary
of the board. (RSMo 1939 § 10001)
Prior revisions: 1929 § 9130; 1919 § 7345; 1909 § 8326
Bodies required to be buried at public expense shall be under
the exclusive custody and control of the board. It is hereby declared
unlawful for any person or persons to hold any autopsy on any dead human
body subject to the provisions of sections 194.120 to 194.180 without
first having obtained the consent of the secretary of the board or his
accredited agent. The consent of any person for an autopsy on his or her
body shall not in any way prevent or affect the application of sections
194.120 to 194.180. (RSMo 1939 § 10002)
Prior revisions: 1929 § 9132; 1919 § 7347; 1909 § 8328
Any person violating the provisions of sections 194.120 to
194.180, other than the provision named in section 194.140, for the
violation of which special penalties are therein imposed, shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not
less than fifty dollars nor more than five hundred dollars. (RSMo 1939 §
10004)
Prior revisions: 1929 § 9134; 1919 § 7349; 1909 § 8330
The governing body of every county and every municipality of
this state may regulate the depth at which a human body may be buried.
(L. 1985 H.B. 677 § 1)
1. As used in this section, the following terms mean:
(1) "Final disposition", the burial, entombment, cremation, delivery to
an educational or medical institution for donation, delivery to the state
anatomical board or removal from the state of the remains of a deceased
person;
(2) "Parents", either or both the biological mother or father of a
stillborn child, but such term shall not include an unknown or
unidentified biological father;
(3) "Stillborn child", a child who is dead at birth.
2. If a hospital or other health care facility transfers a stillborn
child to a funeral establishment for final disposition, the hospital or
health care facility shall contact one or both of the parents of such
child within twenty-four hours of such transfer for instructions on the
method of final disposition of the child. If the hospital contacts and
receives instructions from at least one of the parents, the hospital
shall convey such instructions to the funeral establishment which shall
proceed as directed by such instructions. If the funeral establishment
receives instructions from at least one of the parents, the funeral
establishment may arrange for the final disposition of the child in
accordance with such instructions without contacting the other parent. If
the parents of the child do not provide instructions for the final
disposition within five days, the funeral establishment shall conduct the
most cost-effective method of final disposition of such child and the
hospital shall be responsible for the cost of such final disposition. The
hospital shall be entitled to collect the cost of such disposition from
the parents. If the parents select the manner of final disposition, the
parents shall be responsible to the funeral establishment for the costs
of such disposition.
3. Any person who violates the provisions of this section is guilty of a
class A misdemeanor. (L. 1997 H.B. 713 § 1)
As used in sections 194.210 to 194.290, the following words and
terms mean:
(1) "Bank or storage facility", a facility licensed, accredited, or
approved under the laws of any state for storage of human bodies or parts
thereof;
(2) "Decedent", a deceased individual and includes a stillborn infant or
fetus;
(3) "Donor", an individual who makes a gift of all or part of his body;
(4) "Hospital", a hospital licensed, accredited, or approved under the
laws of any state and includes a hospital operated by the United States
government, a state, or a subdivision thereof, although not required to
be licensed under state laws;
(5) "Part", organs, tissues, eyes, bones, arteries, blood, other fluids
and any other portions of a human body;
(6) "Person", an individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, or any other legal entity;
(7) "Physician" or "surgeon", a physician or surgeon licensed or
authorized to practice under the laws of any state;
(8) "State" includes any state, district, commonwealth, territory,
insular possession, and any other area subject to the legislative
authority of the United States of America. (L. 1969 S.B. 43 § 1)
Effective 5-28-69
1. Any individual of sound mind who is at least eighteen years
of age may give all or any part of his or her body for any purpose
specified in section 194.230, the gift to take effect upon death. Any
individual who is a minor and at least sixteen years of age may
effectuate a gift for any purpose specified in section 194.230, provided
parental or guardian consent is deemed given. Parental or guardian
consent shall be noted on the minor's donor card, donor's instruction
permit or driver's license, as the attorney-in-fact pursuant to
subsection 2 of this section, or other document of gift. An express gift
that is not revoked by the donor before death is irrevocable, and the
donee shall be authorized to accept the gift without obtaining the
consent of any other person. The provisions of this subsection, relating
to allowing a minor who is at least sixteen years of age to effectuate a
gift for any purpose specified in section 194.230, through the driver's
license or instruction permit application process, shall be effective
July 1, 2003.
2. Any of the following persons, in order of priority stated, when
persons in prior classes are not available at the time of death, and in
the absence of actual knowledge of a gift by the decedent pursuant to
subsection 1 of this section or actual notice of contrary indications by
the decedent or of opposition by a member of the same or a prior class,
may give all or any part of the decedent's body for any purpose specified
in section 194.230:
(1) An attorney-in-fact under a durable power of attorney that expressly
refers to making a gift of all or part of the principal's body pursuant
to the uniform anatomical gift act;
(2) The spouse;
(3) An adult son or daughter;
(4) Either parent;
(5) An adult brother or sister;
(6) A guardian of the person of the decedent at the time of his or her
death;
(7) Any other person authorized or under obligation to dispose of the
body.
3. If the donee has actual notice of contrary indications by the decedent
or that a gift by a member of a class is opposed by a member of the same
or a prior class, the donee shall not accept the gift. The persons
authorized by subsection 2 of this section may make the gift after or
immediately before death.
4. A gift of all or part of a body authorizes any examination necessary
to assure medical acceptability of the gift for the purposes intended.
5. The rights of the donee created by the gift are paramount to the
rights of others except as provided by subsection 4 of section 194.270.
(L. 1969 S.B. 43 § 2, A.L. 1989 H.B. 145, A.L. 1996 H.B. 811, A.L. 2002
S.B. 1026 § 194.220 merged with § 1, A.L. 2003 S.B. 351 merged with S.B.
355)
The following persons may become donees of gifts of bodies or
parts thereof for the purposes stated:
(1) Any hospital, surgeon, or physician, for medical or dental education,
research, advancement of medical or dental science, therapy, or
transplantation; or
(2) Any accredited medical or dental school, college or university or the
state anatomical board for education, research, advancement of medical or
dental science, or therapy; or
(3) Any bank or storage facility, for medical or dental education,
research, advancement of medical or dental science, therapy, or
transplantation; or
(4) Any specified individual for therapy or transplantation needed by
such individual. (L. 1969 S.B. 43 § 3, A.L. 2002 S.B. 1026)
1. The chief executive officer of each hospital in this state
shall designate one or more trained persons to request anatomical gifts
which persons shall not be connected with determination of death. The
hospital official may designate a representative of an organ or tissue
procurement organization to request consent.
2. When there is a patient who is a suitable candidate for organ or
tissue donation based on hospital accepted criteria the designee shall
request consent to a donation from the persons authorized to give consent
as specified in subdivision (1), (2), (3), (4), (5) or (6) of subsection
2 of section 194.220. The request shall be made in the order of priority
stated in subsection 2 of section 194.220. When the hospital cannot, from
available information, ascertain that the patient has next-of-kin
authorized to give consent as specified in subdivision (2), (3), (4), (5)
or (6) of subsection 2 of section 194.220, then the hospital shall notify
and request consent to a donation from a member of the class described in
subdivision (7) of subsection 2 of section 194.220. Such notification to
a member of the class described in subdivision (7) of subsection 2 of
section 194.220 shall occur before death where practicable.
3. No request shall be required if the hospital designee has actual
notice of a gift by the decedent under subsection 1 of section 194.220 or
actual notice of contrary indications by the decedent.
4. Consent shall be obtained by the methods specified in section 194.240.
5. Where a donation is requested, the designee shall verify such request
in the patient's medical record. Such verification of request for organ
donation shall include a statement to the effect that a request for
consent to an anatomical gift has been made, and shall further indicate
thereupon whether or not consent was granted, the name of the person
granting or refusing the consent, and his or her relationship to the
decedent.
6. Upon the approval of the designated next of kin or other individual,
as set forth in subsection 2 of section 194.220, the hospital shall then
notify an organ or tissue procurement organization and cooperate in the
procurement of the anatomical gift or gifts pursuant to applicable
provisions of sections 194.210 to 194.290.
7. No hospital shall have an obligation to retrieve the organ or tissue
donated pursuant to this section. (L. 1986 H.B. 1181, A.L. 1996 H.B. 811)
1. A gift of all or part of the body under subsection 1 of
section 194.220 may be made by will. The gift becomes effective upon the
death of the testator without waiting for probate. If the will is not
probated, or if it is declared invalid for testamentary purposes, the
gift, to the extent that it has been acted upon in good faith, is
nevertheless valid and effective.
2. A gift of all or part of the body under subsection 1 of section
194.220 may also be made by document other than a will. The gift becomes
effective upon the death of the donor. The document, which may be a card
designed to be carried on the person, must be signed by the donor in the
presence of two witnesses who must sign the document in his presence or
before a notary or other official authorized to administer oaths
generally. If the donor cannot sign, the document may be signed for him
at his direction and in his presence in the presence of two witnesses who
must sign the document in his presence. Delivery of the document of gift
during the donor's lifetime is not necessary to make the gift valid.
3. The gift may be made to a specified donee or without specifying a
donee. If the latter, the gift may be accepted by a physician as donee
upon or following death. If the gift is made to a specified donee who is
not available at the time and place of death or if the gift cannot be
implemented, a physician upon or following death, in the absence of any
expressed indication that the donor desired otherwise, may accept the
gift as donee. The physician who becomes a donee under this subsection
shall not participate in the procedures for removing or transplanting a
part.
4. Notwithstanding the provisions of subsection 2 of section 194.270, the
donor may designate in his will, card, or other document of gift the
surgeon or physician to carry out the appropriate procedures. In the
absence of a designation or if the designee is not available, the donee
or other person authorized to accept the gift may employ or authorize any
surgeon or physician to carry out the appropriate procedures. For the
purpose of removing an eye or part thereof, any medical technician
employed by a hospital, physician or eye bank and acting under
supervision may perform the appropriate procedures. Any medical
technician authorized to perform such procedure shall successfully
complete the course prescribed in section 194.295 for embalmers.
5. Any gift by a person designated in subsection 2 of section 194.220
shall be made by a document signed by him or made by his telegraphic,
recorded telephonic, or other recorded message.
6. A gift of part of the body under subsection 1 of section 194.220 may
also be made by a statement on a form which shall be provided on the
reverse side of all Missouri motor vehicle licenses issued pursuant to
chapter 302, RSMo. The statement to be effective shall be signed by the
owner of the license in the presence of two witnesses, who shall sign the
statement in the presence of the donor. Use of the form is prima facie
evidence that the owner of the license intended to make the anatomical
gift, and there shall be no civil or criminal liability for removal of
any part of the body indicated on the form by a licensed physician or
surgeon. The gift becomes effective upon the death of the donor. Delivery
of the license during the donor's lifetime is not necessary to make the
gift valid. The gift shall become invalidated upon expiration,
cancellation, revocation, or suspension of the license, and the gift must
be renewed upon renewal of each license. Pertinent medical information
which may affect the quality of the gift may be included in the statement
of gift.
7. Any person eighteen years of age or older, or any person under the age
of eighteen with parental consent who indicates the desire to make an
organ donation through any method prescribed in this section may also
contact the department of health and senior services when completing such
form, so that the information may be included in the registry maintained
by the department pursuant to subsection 1 of section 194.304. Failure to
contact the department of health and senior services shall not be
construed to challenge the validity of the organ donation.
8. Organ procurement organizations and tissue banks may employ
coordinators to assist in the procurement of cadaveric organs and tissue
for transplant or research. A coordinator who assists in the procurement
of cadaveric organs or tissue for transplantation or research must do so
under the direction and supervision of a physician or surgeon. With the
exception of organ procurement surgery, this supervision may be indirect
supervision. For purposes of this subsection, the term "indirect
supervision" means that a physician or surgeon is responsible for the
medical actions of the coordinator, that the coordinator is acting under
protocols expressly approved by a physician or surgeon, and that a
physician or surgeon is available, in person or by telephone, to provide
medical direction, consultation and advice in cases of organ and tissue
donation and procurement.
9. The department of health and senior services shall collect information
and publish an annual report which shall include the number of organ and
tissue donations made in the state, the number of organ or tissue
donations received by citizens of the state of Missouri, the number of
organ or tissue donations transported outside the state boundaries and
the cost of such organ or tissue donations. (L. 1969 S.B. 43 § 4, A.L.
1975 H.B. 107, A.L. 1978 H.B. 1492, A.L. 1991 S.B. 177, A.L. 1995 H.B.
178, A.L. 1996 H.B. 811)
If the gift is made by the donor to a specified donee, the will,
card, or other document, or an executed copy thereof, may be delivered to
the donee to expedite the appropriate procedures immediately after death.
Delivery is not necessary to the validity of the gift. The will, card, or
other document, or an executed copy thereof, may be deposited in any
hospital, bank or storage facility or registry office that accepts it for
safekeeping or for facilitation of procedures after death. On request of
any interested party upon or after the donor's death, the person in
possession shall produce the document for examination. (L. 1969 S.B. 43 §
5)
Effective 5-28-69
1. If the will, card, or other document or executed copy
thereof, has been delivered to a specified donee, the donor may amend or
revoke the gift by:
(1) The execution and delivery to the donee of a signed statement, or
(2) An oral statement made in the presence of two persons and
communicated to the donee, or
(3) A statement during a terminal illness or injury addressed to an
attending physician and communicated to the donee, or
(4) A signed card or document found on his person or in his effects.
2. Any document of gift which has not been delivered to the donee may be
revoked by the donor in the manner set out in subsection 1, or by
destruction, cancellation, or mutilation of the document and all executed
copies thereof.
3. Any gift made by a will may also be amended or revoked in the manner
provided for amendment or revocation of wills, or as provided in
subsection 1. (L. 1969 S.B. 43 § 6)
Effective 5-28-69
1. The donee may accept or reject the gift. If the donee accepts
a gift of the entire body, he may, subject to the terms of the gift,
authorize embalming and the use of the body in funeral services. If the
gift is of a part of the body, the donee, upon the death of the donor and
prior to embalming, shall cause the part to be removed without
unnecessary mutilation. After removal of the part, custody of the
remainder of the body vests in the surviving spouse, next of kin, or
other persons under obligation to dispose of the body.
2. The time of death shall be determined by a physician who tends the
donor at his death, or, if none, the physician who certifies the death.
The physician shall not participate, directly or indirectly, in the
procedures for removing or transplanting a part or be a relative within
the fourth degree of consanguinity of any donee of a body or part thereof
which is removed or transplanted.
3. A person who acts without negligence and in good faith in accord with
the terms of this act or with the anatomical gift laws of another state
or a foreign country is not liable for damages in any civil action or
subject to prosecution in any criminal proceeding for his act.
4. The provisions of this act are subject to the laws of this state
prescribing powers and duties with respect to autopsies. (L. 1969 S.B. 43
§ 7)
Effective 5-28-69
(2004) Determination of good faith under the Uniform Anatomical Gift Act
is a question of law which can be addressed on summary judgment. Schembre
v. Mid-America Transplant Association, 135 S.W.3d 527 (Mo.App. E.D.).
Sections 194.210 to 194.290 shall be so construed as to
effectuate its general purpose to make uniform the law of those states
which enact it. (L. 1969 S.B. 43 § 8)
Effective 5-28-69
Sections 194.210 to 194.290 may be cited as the "Uniform
Anatomical Gift Act". (L. 1969 S.B. 43 § 9)
Effective 5-28-69
Any embalmer, licensed under the provisions of chapter 333,
RSMo, who has successfully completed a course in eye enucleation
conducted or certified by the department of ophthalmology of a college of
medicine offering said course, and who holds a valid certificate of
competence for completing the course, may enucleate eyes when the eyes
have been donated as a gift as provided by the Missouri uniform
anatomical gift act. No embalmer is subject to any civil or criminal
liability for performing any act necessary to enucleate eyes as provided
by this section. (L. 1973 S.B. 34 § 1)
There is established in the state treasury the "Organ Donor
Program Fund", which shall consist of all moneys deposited by the
director of revenue pursuant to subsection 2 of section 302.171, RSMo,
and any other moneys donated or appropriated to the fund. The state
treasurer shall administer the fund, and the moneys in the fund shall be
used solely, upon appropriation, by the department of health and senior
services, in consultation with the organ donation advisory committee, for
implementation of organ donation awareness programs in the manner
prescribed in subsection 2 of section 194.300. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, moneys in the organ
donor program fund at the end of any biennium shall not be transferred to
the credit of the general revenue fund. There shall be no money
appropriated from general revenue to administer the fund in the event the
fund cannot sustain itself. (L. 1995 H.B. 178 § 1 subsec. 1)
Effective 1-1-96
The moneys in the organ donor program fund shall be expended as
follows:
(1) Grants by the department of health and senior services to certified
organ procurement organizations for the development and implementation of
organ donation awareness programs in this state;
(2) Publication of informational pamphlets or booklets by the department
of health and senior services and the advisory committee regarding organ
donations and donations to the organ donor program fund when obtaining or
renewing a license to operate a motor vehicle pursuant to subsection 2 of
section 302.171, RSMo;
(3) Maintenance of a central registry of organ donors pursuant to
subsection 1 of section 194.304; and
(4) Implementation of organ donation awareness programs in the secondary
schools of this state by the department of elementary and secondary
education. (L. 1995 H.B. 178 § 1 subsec. 4)
Effective 1-1-96
1. There is established within the department of health and
senior services the "Organ Donation Advisory Committee", which shall
consist of the following members appointed by the governor with the
advice and consent of the senate:
(1) Four representatives of organ and tissue procurement organizations;
(2) Four members representative of organ recipients, families of organ
recipients, organ donors and families of organ donors;
(3) One health care representative from a hospital located in Missouri;
and
(4) One representative of the department of health and senior services.
2. Members of the advisory committee shall receive no compensation for
their services, but may be reimbursed for the reasonable and necessary
expenses incurred in the performance of their duties out of
appropriations made for that purpose. Members shall serve for five year
terms and shall serve at the pleasure of the governor. (L. 1995 H.B. 178
§ 1 subsecs. 2 & 3)
Effective 1-1-96
The advisory committee shall assist the department of health and
senior services and the department of elementary and secondary education
in the development of organ donor awareness programs to educate the
general public on the importance of organ donations and shall recommend
priorities in the expenditures from the organ donor program fund. The
advisory committee shall submit a report of its activities and
recommendations to the director of the department of health and senior
services, the general assembly and the governor by the fifteenth day of
January of each year, beginning January 15, 1997. (L. 1995 H.B. 178 § 1
subsec. 5)
Effective 1-1-96
1. The department of health and senior services shall maintain a
registry of organ donors. The registry shall record any person who
indicates through any means, including completing the reverse side of a
license to operate a motor vehicle as prescribed in subsection 6 of
section 194.240, that the person desires to make an organ donation upon
the person's death. Information in such registry shall be released only
to appropriate persons or organizations designated by the advisory
committee.
2. Any person who has previously put his or her name on the organ donor
registry may have that name deleted by filing the appropriate form with
the department of health and senior services. (L. 1995 H.B. 178 § 1
subsec. 6 & 7)
Effective 1-1-96
CROSS REFERENCE: Information obtained from the department of revenue to
be included in registry, RSMo 302.171
Sections 194.240, 194.297 to 194.304 and section 302.171, RSMo,
shall become effective January 1, 1996. (L. 1995 H.B. 178 § B)
A licensed funeral establishment which cremates, or contracts
for the cremation of, a dead human body, whether the cremation occurs
before or after August 28, 1989, may dispose of the cremated remains by:
(1) Delivering the remains to or as directed by another licensed funeral
establishment which contracted for the cremation;
(2) Delivering the remains to or as directed by the person who contracted
for the cremation; or
(3) If not delivered pursuant to subdivision (1) or (2) of this section,
by scattering or interring the unclaimed cremated remains in a scatter
garden or pond, columbarium or other place formally dedicated for the
burial of dead human bodies, provided, at least ninety days prior to such
scattering or interment the funeral establishment shall send a written
notice by certified mail, return receipt requested, to the licensed
funeral establishment or person who contracted for the cremation stating
that the remains will be scattered or interred under this subdivision
unless the notified establishment or person, or other person authorized
by the notified establishment or person, claims and removes the remains
prior to the end of such ninety-day period, and provided further, if such
mailed notice cannot be delivered, at least thirty days prior to such
scattering or interment the funeral establishment shall publish a notice
once in a newspaper in general circulation in the county in which the
funeral establishment is located stating that the remains will be
scattered or interred under this subdivision unless the licensed funeral
establishment or person who contracted for the cremation, or other person
authorized by the contracting establishment or person, claims and removes
the remains prior to the end of such thirty-day period. (L. 1989 H.B. 195
§ 1)
1. Sections 194.375 to 194.390 shall be known and may be cited
as the "Disposition of Fetal Remains Act".
2. As used in sections 194.375 to 194.390, the following terms mean:
(1) "Final disposition", the burial, cremation, or other disposition of
the remains of a human fetus following a spontaneous fetal demise
occurring after a gestation period of less than twenty completed weeks;
(2) "Remains of a human fetus", the fetal remains or fetal products of
conception of a mother after a miscarriage, regardless of the gestational
age or whether the remains have been obtained by spontaneous or
accidental means. (L. 2004 H.B. 1136)
In every instance of fetal death, the mother has the right to
determine the final disposition of the remains of the fetus, regardless
of the duration of the pregnancy. The mother may choose any means of
final disposition authorized by law or by the director of the department
of health and senior services. (L. 2004 H.B. 1136)
1. The final disposition of the remains of a human fetus may be
by cremation, interment by burial, incineration in an approved medical
waste incinerator, or other means authorized by the director of the
department of health and senior services. The disposition shall be in
accordance with state law or administrative rules providing for the
disposition. If the remains are disposed of by incineration, the remains
shall be incinerated separately from other medical waste.
2. No religious service or ceremony is required as part of the final
disposition of the remains of a human fetus. (L. 2004 H.B. 1136)
Every hospital, outpatient birthing clinic, and any other health
care facility licensed to operate in this state shall adopt written
standards for the final disposition of the remains of a human fetus as
provided in sections 194.375 to 194.390 for protection of a mother's
right pursuant to section 194.378 and for notice as required in section
194.387. (L. 2004 H.B. 1136)
1. Within twenty-four hours after a miscarriage occurs
spontaneously or accidentally at a hospital, outpatient birthing clinic,
or any other health care facility, the facility shall disclose to the
mother of the miscarried fetus, both orally and in writing, the mother's
right to determine the final disposition of the remains of the fetus. The
facility's disclosure shall include giving the mother a copy of the
facility's written standards adopted pursuant to section 194.384.
2. The facility shall make counseling concerning the death of the fetus
available to the mother. The facility may provide the counseling or refer
the mother to another provider of appropriate counseling services. (L.
2004 H.B. 1136)
Nothing in sections 194.375 to 194.390 shall be construed to
prohibit a woman's ability to obtain a legal abortion. (L. 2004 H.B. 1136)
As used in sections 194.400 to 194.410 the following words and
phrases mean:
(1) "Committee", the unmarked human burial consultation committee;
(2) "Cultural items", shall include:
(a) "Associated funerary objects", objects that are reasonably believed
to have been placed with individual human remains either at the time of
death, or during the death rite or ceremony, or later, and all other
items exclusively made for burial purposes including items made to
contain human remains;
(b) "Unassociated funerary objects", objects that are reasonably believed
to have been placed with individual human remains either at the time of
death or during the death rite or ceremony, or later, which can be
identified by a preponderance of the evidence as related to known human
remains or an unmarked human burial site or can be identified as having
been removed from a specific unmarked human burial site;
(3) "General archaeological investigation", refers to:
(a) Excavations performed by professional archaeologists usually
consisting of a structured scientific undertaking comprised of three
segments including field investigations, laboratory analysis, and
preparation and submission of a report of investigation; and
(b) Identification of the presence of human remains in excavated
materials considered to occur at the completion of the laboratory
analysis segment of the studies as above;
(4) "Professional archaeologist", a person who has a graduate degree in
archaeology, anthropology, or closely related field, at least one year of
full-time professional experience or equivalent specialized training in
archaeological research, administration of management, or at least four
months of supervised field and analytic experience in general North
American archaeology and demonstrated ability to carry archaeological
research to completion, as evidenced by a master of arts or master of
science thesis, or report equivalent in scope and quality;
(5) "Second or subsequent violation", any violation, other than the first
violation, of a criminal law related to the trafficking of human remains
or cultural items located in the state of Missouri, the United States, or
any other state;
(6) "Skeletal analyst", a person possessing a postgraduate degree
representing specialized training in skeletal biology, forensic
osteology, or other relevant aspects of physical anthropology. The
skeletal analyst shall have a minimum experience of one year in
conducting laboratory reconstruction and analysis, and shall have
demonstrated the ability to design and execute a skeletal analysis, and
to present the written results and interpretations of such analysis in a
thorough, scientific, and timely manner;
(7) "Specific scientific investigations", refers to detailed studies of
human remains by professional archaeologists, anthropologists,
osteologists, or professionals in related disciplines;
(8) "State historic preservation officer", the director of the department
of natural resources;
(9) "Unmarked human burial", any instance where human skeletal remains
are discovered or believed to exist, but for which there exists no
written historical documentation or grave markers. (L. 1987 S.B. 24 § 1,
A.L. 1996 S.B. 834)
When an unmarked human burial or human skeletal remains are
encountered during archaeological excavation, construction, or other
ground disturbing activities, whether found on or in any private lands or
waters or on or in any lands or waters owned by the state of Missouri or
its political subdivisions, agencies or instrumentalities, the provisions
of sections 194.400 to 194.410 shall apply. (L. 1987 S.B. 24 § 2)
1. Any person knowing or with reason to know that an unmarked
human burial or human skeletal remains are being disturbed, destroyed,
defaced, mutilated, removed, or excavated, or exposed shall immediately
notify either the state historic preservation officer or the local law
enforcement officer with jurisdiction for the area in which the burial or
remains are encountered.
2. When an unmarked human burial or human skeletal remains are
encountered as a result of construction or agricultural earth disturbing
activities or by a professional archaeologist in the course of an
investigation all such activities shall cease immediately within a radius
of fifty feet of the point of discovery. Such activity shall not resume
without specific authorization from either the state historic
preservation officer or the local law enforcement officer, whichever
party has jurisdiction over and responsibility for such remains. Said
parties shall act promptly and make a decision within a reasonable time.
Jurisdiction will be determined as follows:
(1) If upon investigation, the local law enforcement officer determines
that the human skeletal remains may be involved in a legal investigation,
that officer will immediately assume all jurisdiction over and
responsibility for such remains;
(2) If upon investigation, the local enforcement officer determines that
the remains are not involved in a legal investigation, the state historic
preservation officer or his duly designated representative shall assume
responsibility for such remains. (L. 1987 S.B. 24 § 3)
1. In cases where an unmarked human burial or human skeletal
remains are discovered as a result of construction or agricultural earth
disturbing activities and where the state historic preservation officer
has been determined to have jurisdiction, the state historic preservation
officer shall determine whether removal of the human skeletal remains is
necessary and appropriate for the purpose of scientific analysis. A
general archaeological investigation of the site shall be conducted by a
professional archaeologist and the professional archaeologist shall
advise the state historic preservation officer of the physical location
and the cultural and biological characteristics of the unmarked human
burial or human skeletal remains within thirty days after the state
historic preservation officer assumed jurisdiction over the burial or
remains.
2. In cases where an unmarked human burial or skeletal remains are
discovered by a professional archaeologist in the course of an
investigation, and where the state historic preservation officer has been
determined to have jurisdiction, the professional archaeologist shall
advise the state historic preservation officer of the physical location
and the cultural and biological characteristics of the unmarked human
burial or human skeletal remains within thirty days after the state
historic officer assumed jurisdiction.
3. Notwithstanding anything to the contrary herein contained no
construction shall be suspended or delayed more than thirty days. (L.
1987 S.B. 24 § 4)
Whenever an unmarked human burial or human skeletal remains are
reported to the state historic preservation officer, the state historic
preservation officer shall proceed as follows:
(1) Insofar as possible, the state historic preservation officer shall
make reasonable efforts to identify and locate persons who can establish
direct kinship with or descent from the individual whose remains
constitute the burial. The state historic preservation officer, in
consultation with the most closely related family member, shall determine
the proper disposition of the remains;
(2) When no direct kin or descendants can be identified or located, but
the burial or remains can be shown to have ethnic affinity with living
peoples, the state historic preservation officer in consultation with the
leaders of the ethnic groups having a relation to the burial or remains
shall determine the proper disposition of the remains. But, if the state
historic preservation officer determines the burial or remains are
scientifically significant, no reinterment shall occur until the burial
or remains have been examined by a skeletal analyst designated by the
state historic preservation officer. In no event shall reinterment be
delayed more than one year;
(3) When the burial or remains cannot be related to any living peoples,
the state historic preservation officer, in consultation with the
unmarked human burial consultation committee, shall determine the proper
disposition of the burial or remains. But, if the state historic
preservation officer determines the burial or remains are scientifically
significant, no reinterment shall occur until the burial or remains have
been examined by a skeletal analyst designated by the state historic
preservation officer. In no event shall reinterment be delayed more than
one year unless otherwise and to the extent determined by the committee;
(4) Notwithstanding subdivisions (2) and (3) of this section the state
historical preservation officer may seek approval from the unmarked human
burial consultation committee to delay reinterment of the remains for an
additional scientific study in a facility chosen by the state historic
preservation officer. If the study is approved by the committee
reinterment shall be delayed for a period as specified by the committee.
(L. 1987 S.B. 24 § 5)
1. There is hereby created in the department of natural
resources, an "Unmarked Human Burial Consultation Committee", which shall
be composed of seven members to be appointed by the governor with the
advice and consent of the senate. The members of the committee shall be
appointed as follows: the state historic preservation officer, two
members who are archaeologists or skeletal analysts, two native Americans
who are members of an Indian tribe recognized by the United States of
America, one member who is a non-Indian minority, and one non-Indian,
non-minority member who is neither a professional archaeologist nor a
skeletal analyst. Members of the committee shall be residents of the
state of Missouri.
2. The state historic preservation officer shall be chairman of the
committee and shall serve a term which is contemporaneous with his
employment as director of the department of natural resources. The terms
of all other members of the committee shall be three years.
3. The committee shall meet at least once each calendar year, but may
meet more often at the request of the state historic preservation officer.
4. The members of the committee shall serve voluntarily and shall not
receive compensation for membership on the committee, except that they
shall be eligible to receive reimbursement for transportation expenses as
provided for through the budget approved for the office of the state
historic preservation officer.
5. All actions and decisions of the state historic preservation officer
and the unmarked human burial consultation committee shall be in
conformity with the provisions of the federal National Historic
Preservation Act of 1966, as amended. (L. 1987 S.B. 24 § 6)
1. Any person, corporation, partnership, proprietorship, or
organization who knowingly disturbs, destroys, vandalizes, or damages a
marked or unmarked human burial site commits a class D felony.
2. Any person who knowingly appropriates for profit, uses for profit,
sells, purchases or transports for sale or profit any human remains
without the right of possession to those remains as provided in sections
194.400 to 194.410 commits a class A misdemeanor and, in the case of a
second or subsequent violation, commits a class D felony.
3. Any person who knowingly appropriates for profit, uses for profit,
sells, purchases or transports for sale or profit any cultural items
obtained in violation of sections 194.400 to 194.410 commits a class A
misdemeanor and, in the case of a second or subsequent violation, commits
a class D felony. (L. 1987 S.B. 24 § 7, A.L. 1990 H.B. 1079, A.L. 1996
S.B. 834)
1. A person commits the crime of abandonment of a corpse if that
person abandons, disposes, deserts or leaves a corpse without properly
reporting the location of the body to the proper law enforcement
officials in that county.
2. Abandonment of a corpse is a class D felony. (L. 1995 H.B. 160 §
578.157)
(2002) Section does not violate the Due Process Clause and is not void
for vagueness. State v. Bratina, 73 S.W.3d 625 (Mo.banc).
As used in sections 194.500 to 194.512, the following terms mean:
(1) "Funeral director", a person licensed as a funeral director pursuant
to the provisions of chapter 333, RSMo;
(2) "Funeral lead vehicle" or "lead vehicle", any motor vehicle equipped
with at least one lighted circulating lamp exhibiting an amber or purple
light or lens or alternating flashing headlamps visible under normal
atmospheric conditions for a distance of five hundred feet from the front
of the vehicle. A hearse or coach properly equipped may be a lead vehicle;
(3) "Organized funeral procession", two or more vehicles accompanying the
remains of a deceased person from a funeral establishment, church,
synagogue or other place where a funeral service has taken place to a
cemetery, crematory or other place of final disposition, or a funeral
establishment, church, synagogue or other place where additional funeral
services will be performed, if directed by a licensed funeral director
from a licensed establishment. (L. 1999 S.B. 270)
1. Except as otherwise provided for in this subsection,
pedestrians and operators of all other vehicles shall yield the right-of-
way to any vehicle which is a part of an organized funeral procession.
2. Notwithstanding any traffic control device or right-of-way provision
prescribed by state or local law, when the funeral lead vehicle in an
organized funeral procession lawfully enters an intersection, all
vehicles in the procession shall follow the lead vehicle through the
intersection. The operator of each vehicle in the procession shall
exercise the highest degree of care toward any other vehicle or
pedestrian on the roadway.
3. An organized funeral procession shall have the right-of-way at all
intersections regardless of any traffic control device at such
intersections, except that operators of vehicles in an organized funeral
procession shall yield the right-of-way to any approaching emergency
vehicle pursuant to the provisions of section 304.022, RSMo, or when
directed to do so by a law enforcement officer. (L. 1999 S.B. 270)
1. All vehicles in an organized funeral procession shall follow
the preceding vehicle in the procession as closely as is practical and
safe under the conditions.
2. No person shall operate any vehicle as part of an organized funeral
procession without the flashing emergency lights of such vehicle being
lighted.
3. Toll-free passage shall be given on all toll bridges, tunnels and
other toll highways to all vehicles in an organized funeral procession.
(L. 1999 S.B. 270)
1. Any person who is not an operator of a vehicle in an
organized funeral procession shall not:
(1) Drive between the vehicles comprising an organized funeral procession
while such vehicles are in motion and have the flashing emergency lights
lighted pursuant to subsection 2 of section 194.506, except when required
to do so by a law enforcement officer or when such person is operating an
emergency vehicle giving an audible or visual signal;
(2) Join a funeral procession for the purpose of securing the right-
of-way granted in section 194.506; or
(3) Attempt to pass any vehicle in an organized funeral procession,
except where a passing lane has been specifically provided.
2. When an organized funeral procession is proceeding through a red
signal light as permitted in section 194.503, a vehicle not in the
organized funeral procession shall not enter the intersection unless such
vehicle may do so without crossing the path of the funeral procession.
3. Any person violating the provisions of this section is guilty of an
infraction which shall be punishable by a fine not to exceed one hundred
dollars. (L. 1999 S.B. 270)
1. No ordinance, regulation or any other provision of law shall
prohibit the use of a motorcycle utilizing flashing amber lights to
escort an organized funeral procession on the highway.
2. Any city, town, village or county may adopt an ordinance substantially
similar to the provisions of sections 194.500 to 194.512. (L. 1999 S.B.
270)
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