MO Funeral Juris cheat sheet

Chapter 333 RSMo governs embalmers and funeral directors; the State Board of Embalmers and Funeral Directors administers licensure under it.

Licensure paths: embalmer, funeral director, and combined embalmer/funeral director licenses; each has separate education, apprenticeship, and examination requirements.

Embalming apprenticeship hours and funeral director training hours are set by statute/rule; both must be served under a licensed preceptor and documented.

Continuing education: licensees renew biennially and must complete the Board-required CE hours, including any mandated subject areas such as ethics or Missouri law.

Funeral establishment licensure requires a licensed manager, a preparation room meeting Board sanitation standards, and proper refrigeration/ holding facilities.

Unlicensed practice, false certification on renewal forms, and operating an unlicensed establishment are grounds for discipline, up to revocation and civil penalty.

Preceptor/ sponsor responsibilities: supervise trainees, verify case counts, and attest to competence; false attestation exposes both parties to discipline.

Inspection authority: Board representatives may inspect licensed establishments and records; refusal to permit inspection is itself a violation.

Chapter 436 RSMo governs preneed contracts; sellers must be licensed by the Missouri State Board of Embalmers and Funeral Directors before soliciting or selling preneed.

Preneed contract funds must be deposited into a joint account, escrow, or trust, or used to purchase an insurance/ annuity product, per the statutory options.

Required disclosures: the contract must state whether the price is guaranteed or non-guaranteed, how funds are held, and the purchaser's cancellation/refund rights.

Seller must provide the purchaser a written contract and a right-to-cancel period; refunds follow the statutory schedule based on how funds were held.

Annual reporting and trust reconciliation are required; shortfalls in preneed trust must be funded and reported to the Board.

Preneed seller license renewal, change of ownership, and closing/ transfer of a preneed book require Board notification and approval.

Solicitation rules prohibit misrepresentations about price guarantees, investment returns, or the security of preneed funds.

Recordkeeping: sellers must retain contracts, trust records, and consumer complaints for the period set by statute and make them available on inspection.

The Funeral Rule (16 CFR Part 453) applies to funeral providers; it requires a General Price List (GPL) given to consumers who inquire in person about prices or arrangements.

GPL must itemize 16 required disclosures and prices for required items; providers may not condition the purchase of one item on another (no tying).

Casket price list and outer burial container price list must be available before showing those items; consumers may bring a casket purchased elsewhere without a handling fee.

Statement of Funeral Goods and Services Selected must be given after arrangements, itemizing exactly what was chosen and total cost.

Telephone price inquiries: providers must give accurate price information from the GPL on request and must answer that they can provide a GPL.

Required disclosures include the right to choose only items desired, basic services fee explanation, and embalming disclosure (not required by law except in certain cases).

Providers must retain price lists and related documents for at least one year and make them available to FTC staff on request.

Funeral Rule violations can result in civil penalties; compliance is separate from, and additional to, state licensure requirements.

The Board licenses individuals and establishments; renewal cycles are biennial, and late renewal requires payment of a delinquency fee plus proof of completed CE.

Continuing education must be earned during the license period, documented with certificates, and retained for audit; insufficient CE blocks renewal.

License status categories: active, inactive, lapsed, revoked, and suspended; practicing on a lapsed or inactive license is unlicensed practice.

Discipline process: complaint, investigation, and contested case hearing under Chapter 621 RSMo; sanctions include reprimand, probation, suspension, and revocation.

Mandatory reporting and self-reporting: arrests, convictions, and disciplinary actions in other states must be reported to the Board within the statutory time.

Establishment changes (name, location, manager, ownership) require Board notification or new licensure before continued operation.

Advertising and practice administration: licensees must identify license type and establishment, and may not use false or misleading professional claims.

Records and consumer protection: licensees must maintain case records and provide itemized statements; failure to do so is a disciplinary ground.