333.315. Provider license required--application procedure--renewal of licensure--expiration of license. - Missouri Statutes

Provider license required--application procedure--renewal oflicensure--expiration of license.

333.315. 1. No person shall be designated as a provider or agree toperform the obligations of a provider under a preneed contract unless, atthe time of such agreement or designation, such person is licensed as apreneed provider by the board. Nothing in this section shall exempt anyperson from meeting the licensure requirements for a funeral establishmentas provided in this chapter.

2. An applicant for a preneed provider license shall:

(1) File an application on a form established by the board and pay anapplication fee in an amount established by the board by rule;

(2) Be authorized and registered with the Missouri secretary of stateto conduct business in Missouri;

(3) Identify the name and address of a custodian of recordsresponsible for maintaining the books and records of the provider relatingto preneed contracts;

(4) Identify the name and address of each seller authorized by theprovider to sell preneed contracts in which the provider is designated orobligated as the provider;

(5) File with the state board a written consent authorizing the stateboard to inspect or order an investigation, examination, or audit of theprovider's books and records which contain information concerning preneedcontracts sold for or on behalf of a seller or in which the applicant isnamed as a provider; and

(6) If the applicant is a corporation, each officer, director,manager, or controlling shareholder shall be eligible for licensure if theywere applying for licensure as an individual.

3. Each preneed provider shall apply to renew his or her license onor before October thirty-first of each year or a date established by thedivision of professional registration pursuant to section 324.001, RSMo. Alicense which has not been renewed prior to the renewal date shall expire.Applicants for renewal shall:

(1) File an application for renewal on a form established by theboard by rule;

(2) Pay a renewal fee in an amount established by the board by rule,however no renewal fee shall be required for any funeral establishmentwhose Missouri license is current and active;

(3) Be authorized and registered with the Missouri secretary of stateto conduct business in Missouri;

(4) File an annual report with the state board which shall contain:

(a) The name and address of a custodian of records responsible formaintaining the books and records of the provider relating to preneedcontracts;

(b) The business name or names used by the provider and all addressesfrom which it engages in the practice of its business;

(c) The name and address of each seller with whom it has entered intoa written agreement since last filing an annual report with the boardauthorizing the seller to designate or obligate the licensee as theprovider in a preneed contract; and

(d) Any information required by any other applicable statute orregulation enacted pursuant to state or federal law.

4. A license which has not been renewed as provided by this sectionshall expire. A licensee who fails to apply for renewal may apply forreinstatement within two years of the renewal date by satisfying therequirements of subsection 3 of this section and paying a delinquent fee asestablished by the board by rule.

(L. 2009 S.B. 1)