333.325. Registration as a preneed agent required--application procedure--renewal of registration--expiration of registration. - Missouri Statutes

Registration as a preneed agent required--applicationprocedure--renewal of registration--expiration of registration.

333.325. 1. No person shall sell, negotiate, or solicit the sale ofpreneed contracts for, or on behalf of, a seller unless registered with theboard as a preneed agent except for individuals who are licensed as funeraldirectors under this chapter. The board shall maintain a registry of allpreneed agents registered with the board. The registry shall be deemed anopen record and made available on the board's web site.

2. An applicant for a preneed agent registration shall be anindividual who 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 which shallnot exceed fifty percent of the application fee established by the boardunder this chapter for a funeral director license;

(2) Be eighteen years of age or older;

(3) Be otherwise eligible for registration under section 333.330;

(4) Have successfully passed the Missouri law examination asdesignated by the board;

(5) Provide the name and address of each seller for whom theapplicant is authorized to sell, negotiate, or solicit the sale of preneedcontracts for, or on behalf of.

3. Each preneed agent shall apply to renew his or her registration onor before October thirty-first of each year or a date established by thedivision of professional registration pursuant to section 324.001, RSMo. Aregistration which has not been renewed prior to the renewal date shallexpire. 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 rulewhich shall not exceed fifty percent of the application fee established bythe board under this chapter for a funeral director license renewal; and

(3) Provide the name and address of each seller for whom the preneedagent is authorized to sell, negotiate, or solicit the sale of preneedcontracts for or on behalf of.

4. Any funeral director acting as a preneed agent shall be requiredto report the name and address of each preneed seller for whom the funeraldirector is authorized to sell, negotiate, or solicit the sale of preneedcontracts as part of their biennial renewal form. Each funeral directorpreneed agent shall be included on the board's registry.

5. Any registration which has not been renewed as provided by thissection shall expire and the registrant shall be immediately removed fromthe preneed agent registry by the board. A registrant who fails to applyfor renewal may apply for reinstatement within two years of the renewaldate by satisfying the requirements of subsection 3 of this section andpaying a delinquent fee as established by the board.

(L. 2009 S.B. 1)