The Expired License
A funeral director's Missouri license expired on September 30. She did not renew because she was caring for her mother. By January 15, she had made 14 funeral arrangements, signed 9 statements of funeral goods and services, and supervised 3 embalmings. The funeral home's owner knew the license was expired and told her to 'keep working until the paperwork clears.' She also allowed a newly hired employee, who had completed mortuary school but had not yet obtained a Missouri license, to embalm a body and to sign a preneed contract. The employee's application is pending, and the owner says the employee is 'basically licensed.' On February 1, the Board sends a complaint letter.
1. Identify the violations and the parties who may be disciplined.
Read the worked answer
Violations. A Missouri funeral director license is required to make arrangements and sign the statement of funeral goods and services. The director's license expired September 30, so every arrangement, signature, and supervised embalming after that date is unlicensed practice. The owner knew and directed her to continue; that is aiding and abetting unlicensed practice and exposes the owner and the funeral home to discipline. The new employee had completed mortuary school but was not licensed; embalming without a license is prohibited, and signing a preneed contract is preneed agent activity requiring licensure or registration under Chapter 436. The licensed director who allowed the employee to do both failed her supervisory duty. The Board can proceed against the director, the employee, the owner, and the firm.
2. What must she do to return to practice, and can she continue working while the application is pending?
Read the worked answer
Return to practice. She must stop all funeral directing and embalming immediately. She should apply for renewal or reinstatement, pay the renewal fee and any late fee, document the required continuing education, and provide a written explanation of the lapse. The Board may require an exam, a hearing, or a probationary period. She cannot 'work while the paperwork clears'; practicing on an expired license is a new violation and can be treated as evidence of unfitness. The owner should reassign cases to an active licensee and notify affected families if required. The employee must not embalm or sign preneed contracts until licensed.
3. What is the status of the arrangements and preneed contract she and the employee handled?
Read the worked answer
Status of the work. The funeral home likely remains obligated to the families it served; the Board's complaint does not automatically void the arrangements or the preneed contract. But the preneed contract signed by an unlicensed person is a compliance violation, and the seller must cure it by having a licensed agent review and adopt the contract, providing required disclosures, and honoring or refunding the purchaser's money under Chapter 436. The funeral home should audit all 14 arrangements and 9 statements, correct records, and cooperate with the Board. It should not tell families that the contract is 'void' as a way to avoid obligations; that could create a separate consumer-protection problem.