MISSOURI Funeral Directors Law Exam, Exams of Nursing

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MISSOURI Funeral Directors Law Exam (As Required for All Preneed Agents To Be Registered In Missouri)2024 Update Preneed Provider Requirements -File application on Board form -Authorized and registered to do business in Missouri -Name and address of custodian of records -Name and address of each seller -File consent authorizing investigation -If a corporation, each officer, director, manager, controlling shareholder is eligible for licensure as an individual License Renewal -Renew Bi-annually prior to June 1 for Funeral Directors & Embalmers, October 31 for Agents -Renewal accompanied by fee -No grace period -Can be reinstated for up to 2 years without retaking test, but void after 2 years -Display license in each office and record with local registrar -Re-register within 10 days of moving to a different district Denial or Discipline of License -Impairment by drugs or alcohol -Guilty of offense relating to duties of directing or embalming, controlled substance, fraud, violence, dishonesty -Being adjudged insane or incompetent -Pre-signing a death certificate on a body not embalmed by or under the direction of the licensee Make Up of State Board -10 members, 9 licensed, 1 public -1 member from each of the Missouri Congressional Districts -Members serve for 5 years -Must submit audited financial statements -Licensed members in active practice for 5 years -US Citizen -Missouri resident for 1 year -Qualified Voter -Of good moral character -No more than 5 members from any 1 political party -Public member must not have any involvement in the funeral industry -Public member not to participate in discussions of technical questions -All members take an oath Board Meetings -At least 2 meetings per year -3 members constitutes a quorum -Elect officers: Chairman, Vice-chairman, Secretary -Officers serve 1 year, April-March -All board members may participate in voting -Members shall be reimbursed expenses and a fee, not to exceed $50.00 a day in compensation Obtaining Preneed Sellers License -File application on board form and pay fee -Individual 18 or over or business entity registered with Missouri Secretary of State to transact business in Missouri -If a corporation, each officer, director, manager, or controlling shareholder shall be eligible as if applying as an individual -Name and address of custodian of records and each authorized licensed provider and trustee or financial institution -File written consent authorizing investigations Renewing Preneed Sellers license -Renew on or before October 31 -File application on board form and pay fee -File annually with board a required Sellers Report -If not renewed in time, license expires, but may apply for reinstatement Sellers Annual Report Info -Total number and total face value of all preneed contracts sold since last report -Contract amount of each preneed sold since filing of last report, identified by contract -Name and address of all preneed agents, custodian of records, and each provider -Date of last report -Certification under oath by seller -Written consent to investigations Complaint procedure -Complaint filed with board in writing -Board files complaint with AHC and determination is made -If AHC finds cause for discipline, case is sent back to board to determine appropriate discipline -Either Censure (reprimand), Probation (under 5 years), Suspended License (up to 3 years), or Revoked License Obtaining Embalmers License -Register with State Board while in mortuary school -Graduate from AFSE accredited school within 5 years -Pass either State Board Test or National Conference Exam with 75% -Serve apprenticeship: Intern for 12 months, embalm 25 bodies -Pass Board's oral exam within 5 years of filing application Obtaining Funeral Directors License -Must submit application to board and pay fee -Serve 12 month apprenticeship: 15 hours/week under a licensed funeral director, unless graduated from mortuary school -Pass written test over laws and regulations -Arrange and conduct 10 funerals -Must pass practical test -Must appear for exam within 24 months of filing application Qualifications for Funeral Directors license -18 years old -High school diploma or equivalent -Citizen or resident of Missouri, eligible non-resident, or resident in a county adjacent to Missouri -Employed in a funeral establishment in Missouri -Of good moral character -Must pass test covering all regulations with 75% Prep Room Maintenance -Walls and ceilings must be light colored, easily cleaned, and in good repair -Floors must be smooth, non-absorbent, easily kept clean -Walls must have washable surfaces -Floors must contain drain if subject to cleaning by flooding Board approved aspirator types -Electric -Water Operated (must be protected from back siphoning) -Water Controlled -Must be installed pursuant to Uniform Plumbing Code, prevent back siphoning, and be at least 12 inches above maximum height of table Disposal of solid waste, liquid waste, and body parts -Must meet Department of Health standards -Must have 3 board approved aspirators -All waste materials must be stored in leak-proof non-absorbent containers, and destroyed by incineration or sterilized and buried -Human body parts not placed into the casket must be incinerated or buried at least 3 feet deep Miscellaneous embalming requirements -Must have an eye wash kit Department of Health Division of Health Resources Rule: If cause of death can be established within 72 hours, the completed certificate shall be delivered or mailed to the local registrar before cremation occurs. If certificate cannot be filed because death cannot be determined, the body is not to be cremated until the medical examiner/coroner/physician signs written authorization for cremation Cremation record-keeping Must keep the following records: 1.) Written authorization from the state, usually the filed death certificate 2.) Records showing: -Name of deceased -Place of birth and death -Last residence of deceased -Date and place of funeral -Funeral director name -Name of person who made arrangements and relationship to deceased -Name of person to whom cremains were released or where cremains were placed, and if done by a non-employee or business Qualifications for Embalmers license -18 years old -High school diploma or equivalent -Citizen or resident of Missouri, eligible non-resident, or resident in a county adjacent to Missouri -Employed in a funeral establishment located in Missouri -Of good moral character License by Reciprocity -Hold valid license in state of residence -Make application with Board with evidence of qualifications, including a copy of original license, and pay fees -Submit information to Board at least 30 days before board meeting -Submit letter from own state that there are no pending complaints or discipline, and state test scores -Must pass reciprocity exam Basic requirements of all contracts with consumer -Notice of Right to Transfer -Revocable or Irrevocable? -Guaranteed or Non-guaranteed? -Terms of cancellation by either purchaser or seller -Disclosure on what happens on a guaranteed installment contract if beneficiary dies before paid in full Basic requirements of all contracts with consumer -Signed by Purchaser, Provider, Preneed Agent, Seller -Any consumer disclosures required by Board -Complies with all laws and rules -Upon request of Board, Seller, Provider, or Agent shall provide a copy of any contract Basic Requirements of all contracts with consumer -Must set out in detail, the final disposition, services, and merchandise requested -Indentify whether funded by Trust, Insurance, or Joint Account -Include notice that cancelling preneed contract does NOT cancel insurance policy -Include notice that purchaser will only receive cash surrender value of any insurance policy funding a contract if cancelled Basic requirements for all contracts with consumer -Must be in writing -Font type easily read (Times New Roman 8 point) -Sequentially numbered -Name, address, and phone for Purchaser, Beneficiary, Provider, Seller, Trustee (if Trust), Bank (if Joint Account), Insurance Compnay (if Insurance funded), and all license numbers Sellers Annual Report for all contracts -Total number and total face value of preneed contracts sold since last report -Contract amount of each preneed sold since filing of last report -Name and address of all preneed agents -Date of report and date of last report -List of all contracts fulfilled, cancelled, or transferred in the last year -Name and address of custodian of records and each provider -Certification under oath -Written consent to investigation Annual Sellers Report for Trust-funded contracts -Name and address of financial institution -Trust fund balance as reported in last year's report -Current face value of trust -Principle contributions since last report -Authorization to get copies of statements -Total expenses, excluding distributions to seller, since previous report -Certification under oath that report is correct by trustee -If place of death is unknown, but dead body is found in-state, file with the local registrar, or as directed by him/her -Show place of death as place where body was found, and date of death as date on which remains were found -If death occurs in a moving conveyance, and body is first removed from the conveyance in this state, the death shall be registered in this state with the place of removal being the place of death -If death occurs in a moving conveyance outside of the US, but is first removed in this state, the certificate shall show place of death in so far as can be determined Who files Death Certificate -Associate physician -Chief medical officer of the institution in which death occurred -Physician who performed autopsy -If caused by other than natural causes, the medical examiner or coroner shall determine cause of death, and complete and sign medical certification within 72 hours after taking charge of the case If cause of death cannot be determined, funeral director shall receive notice of reason for the delay Spontaneous Fetal Death Each spontaneous fetal death of 20 weeks, or a weight of 350 grams or more, must be reported to the local registrar within 7 days of delivery Transportation of Bodies 1.) Must be in burial case, coffin, or casket that is securely closed, and must be wooden, metal, or metal- lined box and securely closed 2.) Top of box must be labeled with: -Name of deceased -Destination -time and place of death -Cause of death -Name of coroner/attending physician/ME -Name of person who prepared body for shipment 3.) Must be able to reach destination within 24 hours of death, otherwise, must be embalmed or shipped in a sealed metal container Transportaion of Bodies with Infectious Diseases Bodies of persons who died of infectious diseases cannot be shipped unless: -Thoroughly embalmed by arterial injection with disinfecting fluid, orifices packed with cotton, and whole body washed with disinfecting fluid OR -Body is completely wrapped in a sheet that is saturated with a solution of one ounce bichloride of mercury per gallon of water, and placed in a sealed metal container Disposition of Bodies per Anatomical Board -Educational institution that received body must hold it for 30 days, during which time any relative or friend may claim the body upon paying cost of interment -Depth at which bodies must be buried is set by cities and counties Procedures for Communicable Diseases If person dies while infected with a communicable disease: -Physician shall notify funeral director -Body must be transported in closed pouch to be embalmed -Must be buried or cremated within 24 hours, unless embalmed or encased in sealed casket -No public services unless embalmed or placed in sealed casket FTC Funeral Rule on Document Format The rule requires that all disclosures be clear and conspicuous. This generally requires that the type face is no smaller than the type face of the majority of the document. FTC Funeral Rule on GPL Distribution The rule does not require the Funeral Director to give out the casket price list or the outer burial container price list, but they must be shown to the consumer. Must include the following information: -Title "General Price List" -Name, address, and phone number of the funeral home -Effective Date of GPL FTC Funeral Rule on Goods and Services Must include an itemized list of all goods and services available, and must list prices for at least the following 16 goods and services: 1.) Fee for basic services 2.)Embalming 3.) Other preparation of body 4.) Use of facilites and staff for viewing 5.) Use of facilities and staff for funeral ceremony 6.) Use of facilites and staff for memoril service 7.) Use of equipment and staff for graveside service 8.)Transfer or remains to funeral home 9.)Hearse 10.)Limousine 11.) Casket prices 12.) Outer Burial Container prices 13.)Forwarding remains Consent to Autopsy Must be over age 16 to consent to autopsy of a relative Body-tagging Tag must contain the following information on the deceased: -Name -Date of Birth -Date of Death -Social Security Number Certified Copies of Death Certificates -Fee for certified copies is $13.00 for the first copy and $10.00 for each additional copy ordered with the $13.00 copy -Certificate can be issued by local registrar for 24 hours Death Certificate filed Within 5 days after death Sale of Assets by Provider At least 60 days prior to selling or disposing of a majority of its assets or stock, or ceasing to do business, a provider must notify the state board. Sale of Assets by Seller At least 60 days prior to selling or disposing of a majority of its assets or stock, or ceasing to do business, a seller must notify the state board. If contract does not comply Purchaser must seek to have a contract voided by going to court. If court agrees, purchaser sends notice to seller and gets back all payments made under the contract. Funeral Filing Fee State may issue a per contract fee amount decided by rule. $36.00 may be passed onto the consumer. Public Assistance Beneficiaries who seek to become eligible to receive public assistance may, at any time, waive their right to receive any refund or payment of any money from funds or insurance. Revocable Purchasers have the right to cancel this contract and transfer contract without cause. Consent of Purchaser A preneed contract shall not be changed from trust funded, insurance funded, or joint account funded without ? AHC Administrative Hearings Commission Type A & C License Full-service funeral home Type C License For care and preparation other than embalming and cremation only Type B License For cremation only Type A License For embalming only Statute of Limitations -Once the state board receives notice of a violation, they must initiate action on the complaint within 3 years of the date they receive notice, or be forever barred from doing so. -3 year period can be extended, and does not apply to sexual misconduct or repeated acts of negligence. Sales Tax Sales tax is calculated only on merchandise, however, no sales tax is charged on outer burial containers (vaults). AFSE