Preneed Providers

PURPOSE: This rule outlines the provisions for the practice of preneed provider. (1) Applications for licensure as preneed providers are to be made on the forms provided by the board and be accompanied by the applicable fees. At a minimum an applicant shall submit with the application— (A) Evidence, if a business entity, current registration of the entity name that reflects it is in good standing and, if applicable, current registration of fictitious name(s), both from the Missouri Secretary of State; (B) Evidence if applicant is a corporation, each officer, director, manager, or controlling shareholder is eligible for licensure if they were applying for licensure as an individual; (C) The name and address of a custodian of records responsible for maintaining the books and records of the provider relating to preneed contracts; (D) The name(s) and address(es) of each seller authorized by the provider to sell preneed contracts in which the provider is designated or obligated as the provider; (E) A written consent authorizing the state board to inspect or order an investigation, examination, or audit of the provider’s books and records which contain information concerning preneed contracts sold for or on behalf of a seller or in which the applicant is named as a provider; (F) A certificate of no tax due from the Missouri Department of Revenue, if applicable; and (G) A Missouri Highway Patrol fee for each person that is an officer or who has at least a ten percent (10%) interest in the business. (2) An applicant that does not meet the requirements of the board for licensure within ninety (90) days from the date the application is filed with the board and still desires to seek licensure shall file a new application and pay applicable fees. (3) The provider license issued by the board is effective for a specific name of a person or entity authorized to conduct business in Missouri and may include “doing business as” name(s). Whenever the ownership or name of the Missouri licensed provider changed, a new license shall be obtained. (A) If a change of ownership is caused by a change in the majority of owners, for whatever reason (death, sale of interest, divorce, etc.) without the addition of any new owner(s), it is not necessary to obtain a new provider license. However, a new application for a provider license form shall be filed as an amended application within thirty (30) days prior to change of ownership. (B) If a corporation owns a Missouri licensed provider, it is not necessary to obtain a new provider license or to file an amended application for a provider license if the owners of the stock change. (C) However, as a separate person, if a corporation begins ownership of a Missouri licensed provider or ceases ownership of a Missouri licensed provider, a new provider license shall be obtained regardless of the relationship of the previous or subsequent owner to the corporation. (4) As defined by section 333.011(10), RSMo, the provider of services under any preneed contract pursuant to sections 436.400 to 436.525, RSMo, shall include any licensed funeral establishment that has agreed to undertake the obligations of a preneed contract pursuant to sections 436.400 to 436.525, RSMo. (5) Any provider who is a licensed funeral establishment who has agreed to undertake the obligations of a preneed contract pursuant to sections 436.400 to 436.525, RSMo, must meet all requirements of both a licensed funeral establishment and a preneed provider pursuant to Chapter 333, RSMo, and sections 436.400 to 436.525, RSMo. (6) After initial application, if there is a change in seller affiliation, the provider shall provide written notice to the board, pursuant to section 436.420.3, RSMo, that the provider has authorized a new seller to designate the provider on the seller’s preneed contracts. This notice shall be provided to the board within fifteen (15) days after the provider authorizes the seller to act, and the notice shall contain, at least: (A) Name and address of the provider; (B) License number of the provider; (C) Name, address, and license number of the seller; and (D) Effective date of the authorization or agreement. AUTHORITY: sections 333.011(10), 333.111.1, 333.315, 333.340, 436.420, and 436.520, RSMo 2016.* This rule originally filed as 4 CSR 120-3.020. Original rule filed Jan. 7, 1983, effective June 11, 1983. Moved to 20 CSR 2120-3.020, effective Aug. 28, 2006. Rescinded and readopted: Filed March 9, 2020, effective Sept. 30, 2020. *Original authority: 333.011, RSMo 1965, amended 2007, 2008, 2009; 333.111, RSMo 1965, amended 1981, 1993, 1995; 333.315, RSMo 2009; 333.340, RSMo 2009; 436.420, RSMo 2009; and 436.520, RSMo 2009.