reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 1 - Organization and Description of Board › Section 20 CSR 2120-1.020 - Board Member Compensation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule fixes the compensation for the
				  members of the State Board of Embalmers and Funeral Directors in compliance
				  with the mandates of section 333.221.1, RSMo.
(1) Each member of the State Board of
				Embalmers and Funeral Directors shall receive the sum of fifty dollars ($50) as
				compensation for each day that member devotes to the affairs of the
				board.
(2) In addition to the
				compensation fixed in this rule, each member is entitled to reimbursement of
				his/her expenses necessarily incurred in the discharge of his/her official
				duties.
(3) No request for
				compensation provided in this rule shall be processed for payment unless
				sufficient funds are available for that purpose within the appropriations for
				this board.
(4) The rules in this
				division are declared severable. If any rule, or section of a rule, is held
				invalid by a court of competent jurisdiction or by the Administrative Hearing
				Commission, the remaining provisions shall remain in full force and effect
				unless otherwise determined by a court of competent jurisdiction or by the
				Administrative Hearing Commission.
*Original authority: 333.111 , RSMo 1965, amended 1981,
					 1993 and 333.221, RSMo 1965, amended 1980,
					 1981.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 1 - Organization and Description of Board › Section 20 CSR 2120-1.030 - Election and Removal of Officers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets out the term of office and
				  outlines the duties of the officers of the board and establishes a procedure
				  for removal of a board member from serving as an officer of the
				  board.
(1) Prior to April 1
				of each year at a regularly scheduled meeting, the board shall elect a
				chairman, vice-chairman and secretary to serve as its officers.
(2) Any board member duly nominated and
				receiving a majority vote of the members serving on the board shall be
				considered elected as an officer.
(3) The terms of the officers elected shall
				commence on April 1 and expire on March 31 of the succeeding year.
(4) The officers elected by the board shall
				have the following duties:
(A) Chairman-shall
				chair the board meetings; advise the board's staff on the handling of
				complaints; call special board meetings; appoint committees of the board; may
				order, as s/he deems necessary, investigation of any complaint; may act on
				matters requiring immediate and necessary attention; make board member
				assignments; and any other duty which from time-to-time may be delegated by
				consent of the board;
(B)
				Vice-chairman-shall serve as chairman in the absence of the chairman; review
				all licensees' compliance with the terms of any disciplinary order or
				agreement; and any other duty which may from time-to-time be delegated by
				consent of the board; and
(C)
				Secretary-shall perform any duties that may from time-to-time be delegated by
				consent of the board.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.005 - General Rules-Applicable to all Licensees and Registrants

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides information and
				  requirements applicable to all licensees and registrants.
(1) All funeral establishment licenses shall
				be displayed, at all times, in a conspicuous location accessible to the public.
				All licenses and registrations for individuals issued pursuant to Chapter 333,
				RSMo, shall either be displayed at all times in a conspicuous location
				accessible to the public at funeral establishment locations unless the entity
				has posted a sign in a conspicuous location accessible to the public that
				reads, "All licenses for individuals issued pursuant to Chapter 333, RSMo, are
				available upon request and for inspection at this location."
(2) Examinations. After verification and
				approval by the board, application, scheduling, administration, and payment for
				any examination required for licensure from the board is made to the board's
				testing service.
(A) All Missouri examinations
				may be provided in a computer-based testing format. Examinations shall be held
				at the locations designated by the testing service. A link to a complete
				listing of the examination sites is available on the board's website.
(B) The Missouri Law examination covers
				knowledge of Chapter 333, RSMo, and the rules governing the practice of
				embalming, funeral directing, and funeral home licensing, along with government
				benefits, statutes and rules governing the care, custody, shelter, disposition,
				and transportation of dead human bodies. The Missouri Law examination also
				contains questions regarding Chapter 436, RSMo, relating to pre-need statutes
				and Chapters 193 and 194, RSMo, relating to the Missouri Department of Health
				and Senior Services statutes, as well as questions regarding Federal Trade
				Commission rules and regulations requirements as they apply to Missouri
				licensees.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.008 - When Forms Considered Filed

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Various provisions of Chapter 333, RSMo, and
				  sections
				  436.400
				  to
				  436.525,
				  RSMo, require that certain reports, applications, and renewals be filed with
				  the board. This rule clarifies when a document shall be deemed to have been
				  filed with the board.
(1)
				When any provision of Chapter 333, RSMo, and sections
				436.400
				to
				436.525,
				RSMo, provides for an application, a renewal, annual report, or other
				documentation to be filed with the board before that license, permit,
				registration, or other authorization will be issued by the board, the renewal,
				application, annual report, or other documentation must be deemed filed in
				accordance with this rule.
(2) No
				annual report, application for licensure, registration, permit, or other
				request for authorization or renewal for any license, registration, permit, or
				other documentation shall be deemed to be filed with the board until such time
				as such application, renewal, request, or annual report has been accepted by
				the board as complete.
(3) To be
				deemed complete, at a minimum, an annual report, application, renewal, or other
				documentation shall be signed and all applicable sections completed with any
				and all attachments as requested by the board and any applicable fees have been
				tendered and paid to the board.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.020 - Biennial License Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is to provide updated
				  information relating to renewal deadlines and include license professions not
				  previously referenced.
PURPOSE: This rule outlines the requirements and
				  procedures for the renewal of embalmers, funeral directors, funeral directors
				  limited, and funeral establishments.
(1) The biennial license renewal date for
				licensed embalmers, licensed funeral directors, and licensed funeral director
				limited is June 1. The biennial license renewal date for licensed funeral
				establishments is January 1.
(2)
				Embalmers, funeral directors, funeral director limited, and funeral
				establishment licenses which are not renewed will be notified that their
				licenses have expired. The holder of an expired license may reinstate the
				license within two (2) years of the renewal date after the proper forms have
				been completed and applicable fees have been paid. Any embalmer funeral
				director, and funeral establishment license not renewed within two (2) years
				shall be void.
(3) The licensee's
				failure to receive the renewal notice shall not relieve the licensee of the
				duty to pay the renewal fee and renew his/her license.
*Original authority: 333.081, RSMo 1965, amended 1981, 2001
					 and 333.111 , RSMo 1965, amended 1981, 1993,
					 1995.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.021 - Inactive License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the process of requesting
				  inactive status to maintain a license for an embalmer, funeral director,
				  funeral director limited, and preneed agent.
(1) Any embalmer, funeral director, funeral
				director limited, or pre-need agent that holds a current unexpired
				license/registration may place that license/registration on inactive status by
				filing a written and signed request for inactive status with the board. This
				request may be accomplished by signing the request for inactive status which
				appears on the application for renewal and returning that application to the
				board prior to the date the license expires.
(2) The licensee/registrant shall not
				practice in the state of Missouri while the license is inactive.
(3) Each inactive licensee/registrant shall
				provide the board, at the time of application for renewal, a completed renewal
				form issued by the board that shall contain updated information since the
				preceding application/renewal period and the applicable fee. Failure to receive
				renewal notice shall not relieve the licensee/registrant of the obligation to
				renew and pay the inactive renewal fee prior to the expiration date.
(4) If an inactive licensee/registrant wishes
				to return a license/registration to active status the licensee/registrant shall
				complete the renewal form and pay the renewal fee as stated in the rules
				promulgated by the board.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.022 - Retired License

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule clarifies the requirements to
				  retire from the practice of funeral directing and/or embalming.
(1) Any person licensed to practice as a
				funeral director and/or embalmer in Missouri who is over sixty-five (65) years
				of age and who retires from such practice, shall file with the board an
				affidavit, on a form to be furnished by the board, which states the date on
				which s/he retired from such practice, that s/he will not practice such
				profession and such other facts as tend to verify the retirement as the board
				may deem necessary; but if s/he thereafter wishes to reengage in the practice,
				s/he shall renew his/her registration with the board as provided in section
				333.081.1, RSMo.
(2) For purposes
				of this section, a retired Missouri licensed funeral director and/or Missouri
				licensed embalmer is one who is neither engaged in the active practice of
				funeral directing/embalming nor holds him/herself out as an actively practicing
				funeral director/embalmer and has executed and filed with the board a
				retirement affidavit. A retired Missouri licensed funeral director/embalmer may
				keep his/her wall-hanging certificate after execution of a retirement affidavit
				but shall surrender, upon retirement, all other indicia of licensure.
(3) The rules in this division are declared
				severable. If any rule, or section of a rule, is held invalid by a court of
				competent jurisdiction or by the Administrative Hearing Commission, the
				remaining provisions shall remain in full force and effect unless otherwise
				determined by a court of competent jurisdiction or by the Administrative
				Hearing Commission.
*Original authority: 333.081, RSMo 1965, amended 1981, 2001
					 and 333.111.1, RSMo 1965, amended 1981, 1993,
					 1995.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.030

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 194.119, RSMo 2003; 333.091, RSMo
					 1965, amended 1981; and 333.111 , RSMo 1965, amended 1981, 1993,
					 1995.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.031 - Death Certificate Filings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the requirements of
				  Missouri licensed embalmers and funeral directors filing death
				  certificates.
(1) Each
				licensed embalmer who embalms a dead human body shall state on the death
				certificate that he/she embalmed the dead human body described on the death
				certificate. Each statement shall be attested to its accuracy as determined by
				the Missouri Department of Health and Senior Services pursuant to section
				193.145,
				RSMo. If the body was not embalmed, the fact that the body was not embalmed
				shall be stated on the death certificate prior to the filing of the death
				certificate by the licensed funeral director.
(2) Each authentication of a licensed
				embalmer and licensed funeral director on a death certificate must correspond
				with the licensee's authentication as approved and licensed by the
				board.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.050

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.111 , RSMo 1965, amended 1981,
					 1993, 1995.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.060 - Funeral Directing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The proposed amendment provides
				  clarification on the examination requirements.
(1) Every person who desires to enter the
				profession of funeral directing in Missouri and who is not entitled to a
				license under section
				333.051,
				RSMo shall provide the following to the board:
(A) Proof of being at least eighteen (18)
				years of age;
(B) Proof of
				possession of a high school diploma or equivalent;
(C) Evidence of being a person of good moral
				character;
(D) Proof of
				satisfactory completion of each section of the funeral director's
				examination;
(E) Affidavit of
				completion of a twelve (12) consecutive month apprenticeship; or official
				transcript and documentation indicating he/she is a graduate of an institute of
				mortuary science accredited by the American Board of Funeral Service Education
				or any successor organization recognized by the United States Department for
				Funeral Service Education; or has successfully completed a course 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; or proof of being a Missouri licensed embalmer;
(F) Completed application form provided by
				the board;
(G) Proof of successful
				completion of the National Board Funeral Service Arts examination or the
				Missouri Funeral Service Arts examination, if applicable;
(H) Payment of all applicable fees;
(I) Satisfactory criminal history background
				check as provided to the board by the Missouri State Highway Patrol. Applicants
				shall submit to the board the applicable fee for the criminal history
				background check as determined by the Missouri State Highway Patrol;
				and
(J) Any other information the
				board may require.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.071 - Funeral Establishments Containing a Crematory Area

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this amendment is to update
				  the existing regulation's terminology and provide additional clarification
				  regarding the chemical disposition process. The amendment also removes the
				  definitions, which were moved to a general rule containing other
				  definitions.
(1) No dead
				human body shall be cremated in this state except in a funeral establishment
				licensed by the board as a Function B establishment.
(2) Each Missouri licensed funeral
				establishment that contains a crematory area shall maintain permanent records
				that include:
(A) A written authorization for
				cremation executed prior to cremation by the person entitled to custody or
				control of the body which shows the time and date when authorization for
				cremation was given; and
(B)
				Information regarding the cremation shall include:
1. The full name of the deceased;
2. The last place of residence of the
				deceased;
3. The place of death of
				the deceased;
4. The place of birth
				of the deceased;
5. The date and
				place of the funeral;
6. The name
				of the licensed funeral director, other than a funeral director limited, with
				whom the arrangements were made;
7.
				The name of the person(s) who made the arrangements with the licensed funeral
				director and the relationship to the deceased;
8. The date and time when cremation was
				begun;
9. The name and address of
				the person to whom the cremated remains were released or the location where the
				cremated remains were placed;
10.
				If the cremated remains were delivered or placed other than by an employee of
				the Missouri licensed funeral establishment, the name of the person who made
				the delivery or placement or the name of the business by which the cremated
				remains were shipped along with the receipt number; and
11. If cremation is to be performed by
				chemical disposition, the written authorization shall also include:
A. Specific consent for cremation by chemical
				process with an explanation of the process to be utilized; and
B. Disclosures on the disposition of personal
				property including, but not limited to, jewelry, medical devices, and any other
				items that might remain after the chemical disposition process is
				complete.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.080 - Written Statement of Charges

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is to make updates to
				  requirements of consumer disclosures.
(1) Every Missouri licensed funeral director
				responsible for providing funeral services or arranging for the delivery of any
				funeral merchandise, shall give or cause to be given to the person(s) making
				such arrangements a written statement of charges for the funeral merchandise
				and funeral services selected.
(2)
				At the time of need, a written statement of charges shall be completed and
				given to the person making the at-need arrangements. The written statement of
				charges shall be completed prior to the rendering of the funeral services or
				providing merchandise, and at a minimum, contain the following:
(A) The name and signature of the Missouri
				licensed funeral director responsible for making the arrangements or providing
				the funeral merchandise;
(B) The
				name and address of the Missouri licensed funeral establishment in charge of
				providing the merchandise or funeral services;
(C) The name, address and signature of the
				person making the at-need arrangements;
(D) The date of the signatures;
(E) The name of the deceased;
(F) The date of death;
(G) The price of the service(s) selected and
				the price of the supplemental (additional) items;
(H) The price of the merchandise selected
				including a detailed description of the casket and outer burial
				container;
(I) The amount and
				description of all cash advance items; and
(J) The method of
				payment.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.090 - Preparation Rooms/Embalming Room

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment modifies the current rule's
				  requirements governing the standards required of funeral establishment
				  preparation rooms.
(1)
				Whenever used in this rule, the phrase preparation room refers to that room in
				a Missouri licensed funeral establishment where dead human bodies are
				embalmed.
(2) The following
				requirements for the maintenance and cleanliness of preparation rooms apply at
				all times, regardless of whether a dead human body is being embalmed or
				not.
(3) Floors, Walls, and
				Ceilings. All preparation room floor surfaces shall be smooth, nonabsorbent
				materials and so constructed as to be kept clean easily. All walls and ceilings
				shall be easily cleanable and light colored, and shall be kept and maintained
				in good repair. All walls shall have washable surfaces.
(4) Sewage and Liquid Waste Disposal.
(A) All sewage and water-carried wastes from
				the entire Missouri licensed funeral establishment, including the preparation
				room, shall be disposed of in a public sewage system or an approved disposal
				system which is constructed, operated, and maintained in conformance with the
				minimum standards of the Missouri Department of Health and Senior Services and
				Missouri Department of Natural Resources.
(B) The following aspirators are approved for
				preparation rooms:
1. Electric
				aspirators;
2. Water-operated
				aspirators. All water-operated aspirators shall be protected from back
				siphonage by the minimum of an atmospheric vacuum breaker that is installed a
				minimum of six inches (6") above the highest point of the embalming table and
				is approved by the American Society of Sanitary Engineering (ASSE) or by the
				Uniform Plumbing Code; and
3.
				Water-controlled unit. All water-controlled units shall be installed and
				maintained according to the Uniform Plumbing Code, and properly protected from
				back siphonage with a backflow prevention device approved by the American
				Society of Sanitary Engineering or the Uniform Plumbing
				Code.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.100 - Fees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the fees for each
				  licensed profession and adds an inactive renewal fee.
PURPOSE: The board is decreasing the application and
				  renewal fees.
(1) The
				following fees hereby are established by the State Board of Embalmers and
				Funeral Directors:
(A) Embalmer Practicum Student Registration
							 Fee
$ 25
(B) Embalmer Application Fee-Apprentice,
							 Reciprocity
$100
(C) Embalmer Biennial Renewal Fee
$ 75
(D) Funeral Director Application Fee-Apprentice,
							 Education, Reciprocity, Limited
$100
(E) Funeral Director and Funeral Director Limited
							 Biennial Renewal Fee
$ 75
(F) Reactivation Fee-Funeral Director, Funeral
							 Director Limited, Embalmer, Establishment (day 1 to day 365 after date license
							 lapsed)
$100
(G) Reactivation Fee-Funeral Director, Funeral
							 Director Limited, Embalmer, Establishment
$200
(H) Inactive Renewal Fee-Embalmer, Funeral Director,
							 Funeral Director Limited, and Preneed Agent
$ 25
(I) Establishment Application Fee
$250
(J) Amended Establishment Application Fee
$ 25
(K) Establishment Biennial Renewal Fee
$200
(L) Reciprocity Certification Fee
$ 10
(M) Duplicate Wallhanging Fee
$ 10
(N) Collection Fee for Bad Checks
$ 25
(O) Law Book Requests
$ 5
(P) Background Check Fee (amount determined by the
							 Missouri State Highway Patrol)
(Q) Provider License Application Fee (if no Funeral
							 Establishment license)
$200
(R) Provider License Application Fee (if also Funera
							 Establishment license)
l $100
(S) Provider Annual Renewal Fee
$ 0
(T) Provider Delinquent Renewal Fee- (day 1 to day
							 365 after date license lapsed)
$100
(U) Provider Delinquent Renewal Fee- (day 366 to day
							 730 after date license lapsed)
$200
(V) Seller License Application Fee
$200
(W) Seller Annual Renewal Fee
$150
(X) Seller Delinquent Renewal Fee- (day 1 to day 365
							 after date license lapsed)
$200
(Y) Seller Delinquent Renewal Fee- (day 366 to day
							 730 after date license lapsed)
$400
(Z) Preneed Agent Registration Fee
$ 40
(AA) Preneed Agent Annual Registration Renewal
							 Fe
e $ 40
(BB) Preneed Agent Delinquent Renewal Fee-(day 1 to
							 day 365 after date license lapsed)
$ 50
(CC) Preneed Agent Delinquent Renewal Fee-(day 366 to
							 day 730 after date license lapsed)
$100
(DD) Seller per Contract Annual Reporting Fee (for
							 contracts executed on or after September 1, 2015)
$ 25
(EE) Amended Provider Application Fee
$ 25
(FF) Amended Seller Application Fee
$ 25
(2)
				All fees are nonrefundable.
*Original authority: 333.111 , RSMo 1965, amended 1981,
					 1993, 1995 and 333.340, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.105 - Preneed Fees

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded January 30, 2011)
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.130 - Final Disposition as Defined in Chapter 193

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of the amendment is to modify
				  the existing language to facilitate an additional section of
				  statute.
PURPOSE: This rule explains that the use of the term
				  "final disposition" in Chapter 333, RSMo, and sections
				  436.400
				  to
				  436.525,
				  RSMo, relating to preneed, shall be consistent with the definition of the term
				  in Chapter 193, RSMo.
(1) For
				purposes of Chapter 333, RSMo, and sections
				436.400
				to
				436.525,
				RSMo, relating to preneed, final disposition is defined in accordance with the
				definition contained in section
				193.015(3),
				RSMo.
(2) Use of the term final
				disposition in Chapter 333, RSMo, and sections
				436.400
				to
				436.525,
				RSMo, relating to pre-need, is consistent with its use in Chapter 193,
				RSMo.
*Original authority: 193.015, RSMo 1984, amended 2005;
					 333.011, RSMo 1965, amended 2007, 2008, 2009; 333.340, RSMo 2009; 436.405, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.140 - Financial Welfare Cause for Injunction

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states that serious danger to an
				  individual's financial welfare is cause for the State Board of Embalmers and
				  Funeral Directors to seek an injunction pursuant to section 333.335.1(2),
				  RSMo.
(1) For purposes of
				section
				333.335,
				RSMo, the Missouri State Board of Embalmers and Funeral Directors shall be
				entitled to seek injunctive relief against any person from engaging in any
				business or practice authorized by a registration or authority, permit, or
				license issued under this chapter in a manner that presents a substantial
				probability of serious danger to the health, safety, or welfare of any resident
				of this state or client or customer of the licensee or registrant.
(2) For purposes of section
				333.335,
				RSMo, serious danger to the welfare of any resident or client or customer shall
				include, but is not limited to, the financial welfare of the resident, client,
				or customer.
*Original authority: 333.335, RSMo 2009; 333.340, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.150 - Payment Not Determining Factor of Practice of Funeral Directing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains that the receipt of
				  payment for providing funeral services is not the determining factor in
				  identifying the practice of funeral directing.
(1) In determining whether a person, pursuant
				to section
				333.011(6),
				RSMo, is engaging in the practice of funeral
				directing pursuant to section
				333.011(8),
				RSMo, the board shall consider all activities
				listed in section
				333.011(8),
				RSMo.
(2) Receipt of payment by any
				person for any or all services provided pursuant to this chapter or Chapter
				436, RSMo, shall not be the determining factor in determining whether the
				person is engaging in the practice of funeral directing.
*Original authority: 333.011 , RSMo 1965, amended 2007,
					 2008, 2009; 333.340, RSMo 2009; and 436.520, RSMo
					 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.200 - Military Training to Meet Requirements for Licensure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule requires the board to accept
				  evidence of military education, training, or service to be applied toward the
				  requirements for licensure.
(1) Any applicant for licensure may, as part
				of the evidence of meeting the requisite educational and/or training
				requirements for licen-sure, submit evidence of military experience as a member
				of the military.
(2) The board
				shall review the evidence submitted and, if appropriate, make additional
				inquiry of the applicant to determine the scope and duties of the military
				experience to determine whether the military experience counts towards the
				qualifications for licensure.
(3)
				In its review of the military experience, the board shall evaluate the content
				and nature of the military experience to determine whether that military
				experience counts towards the education, training, or service requirements for
				licensure. The board shall construe liberally the military experience in
				determining whether it will count towards the education, training, or service
				requirements for licen-sure.
(4)
				"Active duty" is full time duty in the active military service of the United
				States or the state of Missouri as defined in Section 101(a)(5), Title 10 of
				the U.S. Code and section
				41.030,
				RSMo.
(5) "Military experience" is
				education, training, or service completed by an applicant while a member of the
				military.
(6) "Military" is the
				United States armed forces or reserves, the national guard of any state, the
				military reserves of any state, or the naval militia of any state.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 2 - General Rules › Section 20 CSR 2120-2.220 - Renewal of Licenses for Military Members

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure for
				  renewal of a license held by a licensee on active military duty and for
				  discipline of a license held by a licensee on active military
				  duty.
(1) Any licensee who is
				a member of the United States Armed Forces or any military or militia of the
				state of Missouri, as defined in section
				41.030, RSMo, shall
				be exempt from the requirement to renew his or her license if:
(A) The licensee is on active duty, meaning
				full time duty in the active military service of the United States as defined
				in Section 101(a)(5), Title 10 of the U.S. Code or of the active military
				forces of Missouri under section
				41.030,
				RSMo;
(B) At the time of
				activation, the licensee held a current and active license with the board in
				Missouri and was licensed or certified to engage in his or her profession in
				this state; and
(C) The licensee
				complies with the provisions of this rule to notify the board of the active
				military duty.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.010 - Preneed Seller

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the provisions for the
				  practice of pre-need seller.
(1) Applications for a preneed seller license
				are to be made on the forms provided by the board and be accompanied by the
				applicable fees. At a minimum an applicant shall submit with the application-
(A) Evidence of being an individual resident
				of Missouri who is eighteen (18) years of age or older, or if a business
				entity, current registration of the entity name that reflects it is in good
				standing and, if applicable, current registration of fictitious name(s), both
				from the Missouri Secretary of State;
(B) Evidence if the applicant is a
				corporation, each officer, director, manager, or controlling shareholder, is
				eligible for licensure if they were applying for licensure as an
				individual;
(C) The name and
				address of a custodian of records responsible for maintaining the books and
				records of the seller relating to pre-need contracts;
(D) The name and address of a trustee or, if
				applicable, the financial institution where any preneed trust or joint accounts
				will be maintained;
(E) The name
				and address of each insurance company that may be utilized for insurance funded
				preneed contracts;
(F) Have
				established, as grantor, a preneed trust, or an agreement to utilize a preneed
				trust with terms consistent with sections
				436.400
				to
				436.510,
				RSMo. A trust shall not be required if the applicant certifies to the board
				that the seller will only sell insurance-funded or joint account-funded preneed
				contracts;
(G) The name, address,
				and license number of an individual designated to serve as manager in charge of
				the seller's business;
(H) The
				name(s), address(es), and license number(s) of each pre-need agent who is
				authorized to sell, negotiate, or solicit preneed contracts on behalf of the
				seller;
(I) The name(s) and
				address(es) of each preneed provider with whom the licensee will have a
				contractual agreement to be designated as a preneed provider;
(J) A written consent authorizing the state
				board to inspect or order an investigation, examination, or audit of the
				seller's books and records which contain information concerning preneed
				contracts sold by or on behalf of the seller;
(K) A certificate of no tax due from the
				Missouri Department of Revenue, if applicable; and
(L) A Missouri Highway Patrol fee for each
				person that is an officer or who has at least a ten percent (10%) interest in
				the business.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.020 - Preneed Provider

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the provisions for the
				  practice of pre-need provider.
(1) Applications for licensure as preneed
				providers are to be made on the forms provided by the board and be accompanied
				by the applicable fees. At a minimum an applicant shall submit with the
				application-
(A) Evidence, if a business
				entity, current registration of the entity name that reflects it is in good
				standing and, if applicable, current registration of fictitious name(s), both
				from the Missouri Secretary of State;
(B) Evidence if applicant is a corporation,
				each officer, director, manager, or controlling shareholder is eligible for
				licensure if they were applying for licensure as an individual;
(C) The name and address of a custodian of
				records responsible for maintaining the books and records of the provider
				relating to preneed contracts;
(D)
				The name(s) and address(es) of each seller authorized by the provider to sell
				preneed contracts in which the provider is designated or obligated as the
				provider;
(E) A written consent
				authorizing the state board to inspect or order an investigation, examination,
				or audit of the provider's books and records which contain information
				concerning preneed contracts sold for or on behalf of a seller or in which the
				applicant is named as a provider;
(F) A certificate of no tax due from the
				Missouri Department of Revenue, if applicable; and
(G) A Missouri Highway Patrol fee for each
				person that is an officer or who has at least a ten percent (10%) interest in
				the business.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.030 - Notification of Intent to Sell Assets or Cease Doing Business (Seller or Provider)

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of the amendment is to outline
				  the procedures for ceasing licenses of preneed sellers and preneed providers as
				  provided in sections
				  436.400
				  to
				  436.525,
				  RSMo.
PURPOSE: This rule outlines the procedures for
				  preneed sellers and preneed providers to notify the board when selling or
				  disposing of all or a majority of its business assets or its stock, or ceasing
				  to do business.
(1)
				Notification of intent to sell assets or cease doing business must be made on
				the forms provided by the board.
(2)
				As part of the notification, each licensed seller must inform the board of the
				actions it has taken or will take to ensure that the assets of the seller will
				be set aside and used to serve outstanding preneed contracts sold by the seller
				and each licensed provider must inform the board of the actions it has taken or
				will take to ensure that the provider's obligations under preneed contracts
				will be satisfied.
(3) If a seller
				ceases business, the seller shall assign all active pre-need contracts to
				another licensed seller and transfer the funds held either in trust or in joint
				accounts to that licensed seller. In that assignment, the receiving seller
				shall agree to assume all obligations under the preneed contracts or in lieu of
				such complete assumption, the assignment shall set forth the obligations that
				the new seller is assuming.
*Original authority: 333.111.1, RSMo 1965, amended 1981
					 .
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.105 - Filing of Annual Reports and License Renewal

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedure for
				  renewal of a license held by a licensee on active military duty and for
				  discipline of a license held by a licensee on active military
				  duty.
(1) The annual renewal
				date for licensed preneed sellers and preneed providers is November 1. The
				annual renewal date for registered preneed agents is December 1.
(2) For sellers-
(A) Each preneed seller shall file a completed renewal and all
				applicable fees on or before October 31 each year. If the license is not
				renewed by this date the license shall expire;
(B) Each preneed seller shall file a
				completed annual report before October 31 each year. If the report is not filed
				the license shall be automatically suspended until the time the completed
				annual report is filed and all applicable fees have been paid;
(C) The seller's report must contain the
				following, if applicable:
1. The number of
				preneed contracts sold in the reporting year (including those written that were
				cancelled, fulfilled, transferred, or serviced in the same reporting
				year);
2. If a consumer has more
				than one (1) preneed contract with different preneed sellers the contract
				should be identified on the annual report and the per contract fee is required
				for each preneed contract; and
3.
				If a consumer has one (1) preneed contract with multiple funding sources the
				contract should be identified on the annual report and one (1) per contract fee
				is to be submitted;
(D)
				For the seller annual report, if the seller is unable to validate the status
				and face value of the insurance policy and unable to obtain the certification
				from the insurance company, the following information will meet the
				requirements of section 436.460.4, RSMo, for the reporting requirements for
				insurance funded preneed contracts:
1. The
				name and address of the company issuing the policy or annuity funding the
				preneed;
2. The amount of the policy
				or balance on account at the time the preneed contract was sold; and
3. An attestation from the seller that since
				these accounts are funded by insurance, the seller has no ability to confirm
				the existence or amount of the policies or accounts;
(E) If the license is suspended the applicant
				must file the annual report and renewal and pay the delinquent fee established
				by the board before the license is issued; and
(F) If the license is not current the
				licensee shall not act as a preneed seller in any capacity, such as maintaining
				an active trust account or paying providers for fulfilled preneed
				contracts.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.115

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.320, RSMo 2009; 333.340, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.120

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.330, RSMo 2009; 333.340, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.125

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.315, RSMo 2009; 333.320, RSMo
					 2009; 333.340, RSMo 2009; and 436.456, RSMo
					 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.200

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.340, RSMo 2009; 436.415, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.300

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.011 , RSMo 1965, amended 2007,
					 2008, 2009; 333.340, RSMo 2009; and 436.520, RSMo
					 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.305

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.325, RSMo 2009; 333.340, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.310

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.325, RSMo 2009; 333.340, RSMo
					 2009; and 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.400

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.011 , RSMo 1965, amended 2007,
					 2008, 2009; 333.320, RSMo 2009; 333.325, RSMo 2009; 333.340, RSMo 2009; and
					 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.405 - Preneed Agents

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines the provisions for the
				  practice of preneed agent.
(1) Any individual who desires to be
				registered as a preneed agent shall-
(A) Make
				application with the board on the forms provided by the board and pay
				applicable fees;
(B) Provide the
				name, address, and license number of each preneed seller who has authorized the
				applicant to sell, negotiate, or solicit preneed contracts on their behalf;
				and
(C) Achieve a score of
				seventy-five (75) or greater on the Missouri Law examination.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.410

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.011 , RSMo 1965, amended 2007,
					 2008, 2009; 333.320, RSMo 2009; 333.325, RSMo 2009; 333.340, RSMo 2009; and
					 436.520, RSMo 2009.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.505 - Types of Financing; Other Financing Still Preneed

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule identifies the acceptable funding
				  mechanisms for preneed contracts.
(1) Preneed contracts shall only be funded by
				:
(A) A preneed trust as defined by section
				436.405.1(8), RSMo;
(B) An
				insurance policy or single premium annuity contract as defined by section
				436.405.1(3), RSMo; or
(C) A joint
				account as defined by section 436.405.1(4), RSMo.
Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 2120 - State Board of Embalmers and Funeral Directors › Chapter 3 - Preneed › Section 20 CSR 2120-3.515

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 333.340, RSMo 2009; 436.405, RSMo
					 2009; and 436.520, RSMo 2009.