citation: BPC § 7632

text: A funeral director shall cause all human remains embalmed in or at the direction of his or her funeral establishment to be embalmed by a licensed embalmer, by an apprentice embalmer under the supervision of his or her licensed supervising embalmer, or by a student in a program accredited by the American Board of Funeral Service Education under the supervision of a licensed embalmer.

history: (History: Amended by Stats. 2004, Ch. 531, Sec. 1. Effective January 1, 2005.)

article: 2. Funeral Establishments and Directors


kind: section

code: BPC

citation: BPC § 7633

text: No funeral director shall charge a fee for filing a certificate of death or for providing copies thereof in excess of fees set by statute for filing and providing certified copies of such certificates.

history: (History: Added by Stats. 1972, Ch. 557.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 12. Cemetery and Funeral Act

article: 2. Funeral Establishments and Directors

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 2. Funeral Establishments and Directors


citation: BPC § 7634

text: Notwithstanding any other provision of law, a licensed embalmer, at the request of a licensed physician, may remove tissue from human remains for transplant, or therapeutic, or scientific purposes specified in, and pursuant to, the provisions of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code), if such embalmer has completed a course in tissue removal for transplant, or therapeutic, or scientific purposes approved by the Medical Board of California of the State of California.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 44. Effective January 1, 1999.)

article: 2. Funeral Establishments and Directors


citation: BPC § 7635

text:
(a) Any person employed by, or an agent of, a licensed funeral establishment, who consults with the family or representatives of a family of a deceased person for the purpose of arranging for services as set forth in subdivision (a) of Section 7615, shall receive documented training and instruction, at least once every three years, that results in a demonstrated knowledge of all applicable federal and state laws, rules, and regulations including those provisions dealing with vital statistics, the coroner, anatomical gifts, and other laws, rules, and regulations pertaining to the duties of a funeral director. A written outline of the training program, including documented evidence of the training time, place, and participants, shall be maintained in the funeral establishment and shall be available for inspection and comment by an inspector of the bureau.

(b) This section shall not apply to anyone who has successfully passed the funeral director’s examination pursuant to Section 7622.

history: (History: Amended by Stats. 2017, Ch. 429, Sec. 58. (SB 547) Effective January 1, 2018.)

article: 2. Funeral Establishments and Directors


citation: BPC § 7636

text:
(a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed funeral establishment in any capacity, shall inform the managing funeral director of that revocation, suspension, probation, or surrender.

(2) A person subject to this subdivision shall inform the managing funeral director upon application for employment by completing a form that shall be made available by the bureau.

(b) A managing funeral director who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of so being informed. Failure of the managing funeral director to notify the bureau shall be a cause for a warning. A managing funeral director shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee.

(c) Any person required to notify the managing funeral director under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480.

(d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered.

history: (History: Added by Stats. 2008, Ch. 490, Sec. 1. Effective January 1, 2009.)

article: 2. Funeral Establishments and Directors


citation: BPC § 7637

text:
This article does not apply to the following cases or to the following persons:

(a) A person acting with reference to an occasional sale of his or her own property.

(b) The regular officers of a cemetery corporation holding a certificate of authority acting with reference to the corporation’s property when they receive no special compensation therefor.

(c) Persons making an occasional sale under a duly executed power of attorney from others.

(d) The services rendered by an attorney at law in performing his or her duties in that capacity.

(e) A receiver, trustee in bankruptcy, any person acting under orders of any court, or a trustee selling under a deed of trust.

(f) A real estate broker or real estate salesperson, acting in that capacity in connection with the sale, lease, or exchange of real property, or interest therein, when the transfer of cemetery property is purely incidental to the sale, lease, or exchange of real property.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 18. (AB 180) Effective January 1, 2016.)

article: 2.5. Cemetery Brokerage Regulations

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 2.5. Cemetery Brokerage Regulations


text: A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery broker or cemetery salesperson in this state without first obtaining a license from the bureau.

article: 2.5. Cemetery Brokerage Regulations


text: Any act other than an occasional sale of buying or selling, leasing, or exchanging cemetery property or interment services of or for another or on his or her own account, or offering for another or for his or her own account to buy or sell, lease, or exchange cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange of cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange, or listing or soliciting, or negotiating a loan on or leasing of cemetery property or interment services constitutes the person making such offer, sale or purchase, lease, or exchange, or negotiating the loan, or listing or soliciting, a cemetery broker or cemetery salesperson.

article: 2.5. Cemetery Brokerage Regulations


text: A person engaged in the business or acting in the capacity of a cemetery broker or a cemetery salesperson within this state shall not bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed cemetery broker or cemetery salesperson at the time the alleged cause of action arose.

article: 2.5. Cemetery Brokerage Regulations


text:
(a) A cemetery broker shall not employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is not a licensed cemetery broker, or a cemetery salesperson licensed under the cemetery broker employing or compensating him or her. A cemetery salesperson shall not be employed by or accept compensation from any person other than the cemetery broker under whom he or she is at the time licensed.

(b) A salesperson shall not pay any compensation for performing any of the acts within the scope of this article to any licensee except through the cemetery broker under whom he or she is at the time licensed.

(c) For a violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.

article: 2.5. Cemetery Brokerage Regulations


text:
(a) It is a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder, or otherwise, to pay or deliver to anyone a compensation for performing any of the acts within the scope of this article who is not known to be or who does not present evidence to such payer that he or she is a licensed cemetery broker at the time compensation is earned.

(b) For violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.

article: 2.5. Cemetery Brokerage Regulations


text: Any person acting as a cemetery broker or cemetery salesperson without a license, or who advertises so as to indicate he or she is a cemetery broker without being so licensed, is guilty of a misdemeanor. If that person is a corporation, it shall be punished by a fine not to exceed five thousand dollars ($5,000).

article: 2.5. Cemetery Brokerage Regulations


text:
(a) Any cemetery salesperson or cemetery broker who sells, causes to be sold, or offers for sale any cemetery property upon the promise, guarantee, or representation to the purchaser that the same may be resold or repurchased at a financial profit is guilty of a misdemeanor.

(b) For violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery salesperson or cemetery broker in accordance with the provisions of this act relating to disciplinary proceedings.

(c) No violation of any of the provisions of this section by any cemetery salesperson or employee of any licensed cemetery broker shall cause the suspension or revocation of the license of the employer of the salesperson or employee unless it appears upon a hearing by the bureau that the employer had guilty knowledge of the violation.

article: 2.5. Cemetery Brokerage Regulations


text: Every officer, agent, or employee of any company, and every other person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any cemetery or cemetery brokerage business and every person who, with knowledge that any advertisement, pamphlet, prospectus, or letter concerning any cemetery brokerage business or any written statement that is false or fraudulent, issues, circulates, publishes, or distributes the same, or causes it to be issued, circulated, published, or distributed, or who in any other respect willfully violates or fails, omits, or neglects to obey, observe, or comply with any order, permit, decision, demand, or requirement of the bureau under the provisions of this act relating to cemetery brokerage, is guilty of a misdemeanor, and, if a cemetery licensee, he or she shall be held to trial by the bureau for a suspension or revocation of his or her cemetery license, as provided in the provisions of this act relating to disciplinary proceedings.

article: 2.5. Cemetery Brokerage Regulations


text: Each cemetery broker, other than a cemetery corporation holding a certificate of authority, and each cemetery salesperson shall include in any advertising a statement that he or she is acting as a cemetery broker or cemetery salesperson.

article: 2.5. Cemetery Brokerage Regulations


text: For violation of any of the provisions of Section 7637.9, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.

article: 2.5. Cemetery Brokerage Regulations


citation: BPC § 7638

text: Any person, other than a person making an occasional sale, who advertises cemetery property for sale or exchange, without being duly licensed as a cemetery broker or a cemetery salesperson, or without possessing a certificate of authority as a cemetery corporation, is guilty of a misdemeanor. If such person is a corporation, it shall be punished by a fine of not to exceed five thousand dollars ($5,000).

article: 2.5. Cemetery Brokerage Regulations


citation: BPC § 7639

text: A corporation, partnership, or natural person may operate, establish, or maintain a hydrolysis facility with a valid hydrolysis facility license issued by the bureau.

history: (History: Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)

article: 2.7. Hydrolysis Facilities

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 2.7. Hydrolysis Facilities


text: A change in the ownership of a hydrolysis facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a licensed hydrolysis facility shall constitute a change of ownership. When a change in ownership in a licensed hydrolysis facility occurs, the existing hydrolysis facility license shall lapse and the new owner shall obtain a license from the bureau as otherwise provided in this act. The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.

article: 2.7. Hydrolysis Facilities


text: The application for a hydrolysis facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fees.

article: 2.7. Hydrolysis Facilities


text:
(a) The bureau shall require an applicant for a hydrolysis facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a hydrolysis facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant.

(b) The applicant for a hydrolysis facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, any permits required by the following, to the extent applicable:

(1) The local public health department.

(2) The city, county, special district, joint powers authority, or other public agency that provides wastewater treatment services where the licensed hydrolysis facility is to be located.

(3) The Department of Toxic Substances Control for the creation, collection, treatment, or transport of hazardous waste.

(4) Any other state or locally required permit.

(c) The applicant for a hydrolysis facility license shall prove to the bureau that it has the appropriate permits and contracts for the disposal of hydrolysate and which of the following models the facility will be using for the disposal:

(1) Discharge to the sewer collection system.

(2) Containment, collection, and transport to an appropriate treatment facility.

(d) When applying to renew a hydrolysis facility license, an applicant shall present to the bureau records of annual maintenance of the hydrolysis chamber.

article: 2.7. Hydrolysis Facilities


text:
(a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475).

(b) Hydrolysis chamber manufacturers may apply to the State Department of Public Health for approval of a hydrolysis chamber upon finding that the hydrolysis chamber causes the destruction of pathogenic micro-organisms pursuant to paragraph (3) of subdivision (a) of Section 118215 of the Health and Safety Code.

(c) In its approval, the State Department of Public Health shall specify the minimum parameters of pH, time, temperature, and pressure that shall be used by each hydrolysis chamber to destroy all pathogenic micro-organisms. The department may use the guidance of the hydrolysis chamber operations and maintenance manual and biologic indicator spore testing to determine this, among other factors.

(d) The hydrolysis chamber manufacturer shall pay to the State Department of Public Health, the application and evaluation fee as outlined in Section 118245 of the Health and Safety Code.

(e) Every five years, licensed hydrolysis facilities that discharge hydrolysate to a sewer collection system shall submit to the Department of Public Health the results of biological indicator spore testing as well as the last 30 days of archived electronic hydrolysis chamber data that includes the pH, time, temperature, and pressure at which the chamber was operated. Based upon this information, the department shall evaluate whether the chamber continues to destroy pathogens. The licensee shall include this evaluation in its application to renew its license. If the chamber is determined not to destroy pathogens, the bureau shall not renew its license until this has been remedied. The department may charge a fee sufficient to cover the actual hourly costs of staff conducting its five year review of the alternative technology.

(f) Once a hydrolysis chamber has been approved pursuant to subdivision (b), it may be employed by a licensed hydrolysis facility for the final disposition of human remains.

(g) The bureau shall grant hydrolysis facility licenses only to applicants that will employ a hydrolysis chamber approved by the State Department of Public Health pursuant to subdivision (b).

(h) A hydrolysis facility shall ensure or conduct annual maintenance of the hydrolysis chamber.

(i) The bureau shall not renew a hydrolysis facility license without proof of annual maintenance of the hydrolysis chamber.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 10. (SB 1289) Effective January 1, 2019. Section operative July 1, 2020, pursuant to Section 7639.19.)

article: 2.7. Hydrolysis Facilities


text:
(a) A licensed hydrolysis facility shall not conduct hydrolysis unless all of the following requirements are met:

(1) The licensee has a written contract with the person or persons entitled to custody of the remains clearly stating the location, manner, and time of disposition of the remains, in which the person or persons entitled to custody of the remains agree to pay the licensee’s regular fee for hydrolysis, disposition, and other services rendered, and any other contractual provisions required by the bureau.

(2) Hydrolysis of remains occurs not more than 24 hours after delivery of the remains to the licensee unless the remains have been preserved in the interim by refrigeration or embalming.

(3) The licensee has a contractual relationship with a licensed cemetery authority for final disposition of hydrolyzed human remains by burial, entombment, or inurnment of any and all remains that are not lawfully disposed of or that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death.

(4) The licensee contains and collects all hydrolysate. Hydrolysate shall not be disposed of using a sewer collection system, except as prescribed in paragraph (8).

(5) The licensee ensures that any hydrolysate is transported by a state-licensed biomaterials handler to a publicly owned wastewater treatment plant or licensed industrial anaerobic digestion facility or waste-to-energy or biomass facility for the beneficial use or disposal of that hydrolysate, unless disposing of hydrolysate using a sewer collection system as prescribed in paragraph (8).

(6) Acceptance of hydrolysate from a licensed hydrolysis facility and a state-licensed biomaterials handler shall be voluntary and at the discretion of each individual facility described in paragraph (5).

(7) Acceptance of hydrolysate by a licensed industrial anaerobic digestion, waste-to-energy, or biomass facility, if the facility has an industrial process sewer connection to a sewer collection system, shall only be allowed with the consent of the publicly owned treatment works to which the sewer collection system is tributary.

(8) A licensed hydrolysis facility may dispose of hydrolysate using a sewer collection system only if all of the following conditions are met:

(A) The city, county, special district, joint powers authority, or other public agency that provides wastewater treatment and disposal services to the licensed hydrolysis facility expressly authorizes the disposal of hydrolysate into the sewer collection system. If issuance of a permit is required by another city, county, special district, joint powers authority, or other public agency that provides sewer collection services where the licensee is located, authorization from both agencies must be obtained.

(B) If the licensee receives the appropriate permissions required by subparagraph (A), the licensee shall comply with all local ordinances, pretreatment requirements, permitting requirements, waste discharge requirements, and all other applicable federal, state, and local laws, ordinances, and regulations governing the protection of water quality and public health, promotion of water recycling, and discharge into the sewer system.

(C) The licensee shall demonstrate compliance as deemed appropriate by the public agency or agencies authorizing the disposal of hydrolysate into the sewer collection system. At a minimum this should include annual water quality testing as prescribed by the public agency or agencies authorizing the disposal of hydrolysate into the sewer collection system.

(D) Authorization for disposal of hydrolysate using a sewer collection system shall be voluntary and at the discretion of each public agency described in subparagraph (A). Each public agency described in subparagraph (A) has the discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems.

(b) Existing alkaline hydrolysis facilities utilized by medical schools for the purpose of anatomical gifting shall not be subject to paragraphs (1) to (3), inclusive, of subdivision (a), and shall continue to be regulated under the guidelines of the state’s anatomical gifting regulations.

article: 2.7. Hydrolysis Facilities


text: A licensed hydrolysis facility shall not prohibit relatives or the responsible party from viewing the hydrolysis process.

article: 2.7. Hydrolysis Facilities


text: It is a misdemeanor for any person, firm, or corporation to hydrolyze human remains, or to engage in the disposition of hydrolyzed human remains, without a valid, unexpired hydrolysis facility license. Each hydrolysis carried out in violation of this section is a separate violation.

article: 2.7. Hydrolysis Facilities


text: A licensed hydrolysis facility shall be subject to, and shall be disciplined by the bureau in accordance with, Article 6 (commencing with Section 7686).

article: 2.7. Hydrolysis Facilities


text: This article shall become operative on July 1, 2020.

history: (History: Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Note: This section prescribes a delayed operative date for Article 2.7, commencing with Section 7639.)

article: 2.7. Hydrolysis Facilities


citation: BPC § 7640

text: An embalmer is one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of the State of California.

history: (History: Amended by Stats. 1998, Ch. 970, Sec. 46. Effective January 1, 1999.)

article: 3. Embalmers

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 3. Embalmers


citation: BPC § 7641

text: It is unlawful for any person to embalm a body, or engage in, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the bureau. However, this section shall have no effect on students and instructors of embalming in mortuary science programs approved by the bureau.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 85. (SB 821) Effective January 1, 2010.)

article: 3. Embalmers


citation: BPC § 7642

text: An application for an embalmer’s license shall be written on a form provided by the bureau, verified by the applicant, and accompanied by the fee fixed by this chapter.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 115. Effective January 1, 2001.)

article: 3. Embalmers


citation: BPC § 7643

text:
In order to qualify for a license as an embalmer, the applicant shall comply with all of the following requirements:

(a) Be over 18 years of age.

(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(c) Have completed at least two years of apprenticeship under an embalmer licensed and engaged in practice as an embalmer in this state in a funeral establishment which shall have been approved for apprentices by the bureau and while so apprenticed shall have assisted in embalming not fewer than 100 human remains; provided, however, that a person who has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and whose license has never been suspended or revoked for unethical conduct shall not be required to serve any apprenticeship in this state.

(d) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 86. (SB 821) Effective January 1, 2010.)

article: 3. Embalmers


citation: BPC § 7646

text:
(a) The bureau shall require the applicant to pass both of the following:

(1) The sciences section of the national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the bureau.

(2) An examination, administered by the bureau, on the state’s laws and the rules and regulations of the bureau, including those sections of the Health and Safety Code which pertain to the funeral industry.

(b) An applicant who has previously passed the sciences section of the national examination described in paragraph (1) of subdivision (a) shall be deemed to be in compliance with that paragraph.

history: (History: Amended by Stats. 2019, Ch. 375, Sec. 5. (SB 606) Effective January 1, 2020.)

article: 3. Embalmers


citation: BPC § 7647

text:
Examinations shall be administered at times and places determined by the bureau and the International Conference of Funeral Service Examining Boards.

The bureau shall give notice of the time and place of the examination described in paragraph (2) of subdivision (a) of Section 7646.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 88. (SB 821) Effective January 1, 2010.)

article: 3. Embalmers


text: Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all of the powers granted therein.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 119. Effective January 1, 2001.)

article: 3. Embalmers


citation: BPC § 7648

text: No embalmer’s license is assignable, and only the licensee may engage in the practice of embalming under the license.

history: (History: Added by Stats. 1939, Ch. 39.)

article: 3. Embalmers


citation: BPC § 7649

text: Except as provided in Section 102805 of the Health and Safety Code, whenever the name of any licensed embalmer is subscribed to any certificate, the purport of which is that he or she has performed any act mentioned in the certificate, the licensed embalmer shall actually sign his or her name thereto.

history: (History: Amended by Stats. 2003, Ch. 874, Sec. 24. Effective January 1, 2004.)

article: 3. Embalmers


citation: BPC § 7650

text: The bureau may examine the requirements for the issuance of licenses to embalmers in other states of the United States and cause a record to be kept of those states in which standards are maintained for embalmers, not lower than those provided in this chapter.

history: (History: Amended by Stats. 2019, Ch. 375, Sec. 6. (SB 606) Effective January 1, 2020.)

article: 3. Embalmers


citation: BPC § 7651

text: Application for license as a cemetery broker shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the original cemetery broker’s license fee.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 19. (AB 180) Effective January 1, 2016.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 3.5. Licenses and Certificates of Authority


text: The bureau shall not grant an original cemetery broker’s license to any person who is not a resident of this state. Change of residence to another state shall terminate the license.

article: 3.5. Licenses and Certificates of Authority


text: The bureau shall not grant an original cemetery broker’s license to any person who has not held a cemetery salesperson’s license for at least two years prior to the date of his or her application for the broker’s license, and during that time was not actively engaged in the business of a cemetery salesperson except that if an applicant for a cemetery broker’s license having at least the equivalent of two years’ general cemetery experience files a written petition with the bureau setting forth his or her qualifications and experience and the bureau approves, he or she may be issued a cemetery broker’s license immediately upon passing the appropriate examinations and satisfying the other requirements of this article.


text: Application for license as a cemetery salesperson shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be signed by the applicant, and shall be accompanied by the cemetery salesperson’s license fee.


text: Notwithstanding any other provision of this chapter, Section 7651.7 does not apply to an applicant for a cemetery salesperson’s license.


text:
The bureau shall investigate the qualifications of the applicants. Except as otherwise prescribed in this article, it may issue the license applied for to an applicant on a showing satisfactory to it that the following facts exist:

(a) The applicant is properly qualified to perform the duties of a cemetery broker or salesperson.

(b) Granting the license will not be against public interest.

(c) The applicant intends actively and in good faith to carry on the business of a cemetery broker or a cemetery salesperson.

(d) In the case of a corporate applicant, the articles of incorporation permit it to act as a cemetery broker.

(e) In the case of an association or copartnership applying for such a license, its articles of association or agreement of partnership authorize it to act as a cemetery broker.

(f) The license is not being secured for the purpose of permitting the applicant to advertise as a cemetery broker or salesperson without actually engaging in such business.

(g) The applicant has not committed acts or crimes constituting grounds for denial of licensure under Section 480.


text: All cemetery brokers who do not possess a certificate of authority shall, in addition to the requirements of this chapter, file with the bureau a satisfactory bond to the people of the State of California, duly executed by a sufficient surety or sureties to be approved by the bureau, in the amount of ten thousand dollars ($10,000). That bond shall be conditioned for the honest and faithful performance by such broker and his or her salespersons and employees of any undertaking as a licensed cemetery broker or salesperson or employee of said broker at any time when licensed under this chapter, and the strict compliance with the provisions of this chapter and of Division 8 (commencing with Section 8100) of the Health and Safety Code, relating to cemeteries, and the honest and faithful application of all funds received. That bond shall be further conditioned upon the payment of all damages suffered by any person damaged or defrauded by reason of the violation of any of the provisions of this chapter or of Division 8 (commencing with Section 8100) of the Health and Safety Code relating to cemeteries, or by reason of the violation of the obligation of such broker as an agent, as such obligations are laid down by the Civil Code, or by reason of any fraud connected with or growing out of any transactions contemplated by this chapter or Division 8 (commencing with Section 8100) of the Health and Safety Code.


text:
The bureau shall ascertain by written examination that the applicant, and, in case of a copartnership or corporation applicant for a cemetery broker’s license, that each officer, agent, or member thereof through whom it proposes to act as a cemetery licensee has:

(a) Appropriate knowledge of the English language, including reading, writing, and spelling, and of elementary arithmetic.

(b) A fair understanding of:

(1) Cemetery associations, cemetery corporations, and duties of directors.

(2) Plot ownership, deeds, certificates of ownership, contracts of sale, liens, and leases.

(3) Establishing, dedicating, maintaining, managing, operating, improving, and conducting a cemetery.

(4) The care, preservation, and embellishment of cemetery property.

(5) The care and preservation of endowment care funds, trust funds, and the investment thereof.

(c) A general and fair understanding of the obligations between principal and agent, of the principles of cemetery brokerage practice and the business ethics pertaining thereto, as well as of the provisions of this act relating to cemetery brokerage.


text: The bureau may, in its discretion, waive the examination of any applicant for a cemetery broker’s license who held an unrevoked or unsuspended cemetery license on June 30 of the preceding fiscal year as an individual broker, an officer of a corporation, or member of a copartnership.


text: An application on the form prescribed by the bureau for the renewal of any unrevoked and unsuspended license filed before midnight of June 30 of the year for which such unrevoked and unsuspended license was issued, accompanied by the applicable renewal fee, entitles the applicant to continue operating under his or her existing license after its usual expiration date, if not previously suspended or revoked, and until such date as he or she is notified in writing that the application has been granted or denied.


text: A cemetery license does not give authority to do any act specified in this act to any person other than the person to whom the license is issued.


citation: BPC § 7652

text: When a cemetery brokerage license is issued to a cemetery brokerage corporation, if it desires any of its officers other than the officer through whom it is already licensed to act under its license as a cemetery broker, it shall procure an additional license for each such officer. When a cemetery brokerage license is granted to cemetery brokerage copartnership, if it desires any of its members other than the one through whom it is already licensed to act as a cemetery broker, it shall procure an additional license for each such member.


text: Each officer of a corporation through whom it is licensed to act as a cemetery broker, and each member of a copartnership through whom it is licensed to act as a cemetery broker, is, while so employed under such license, a licensed cemetery broker, but licensed only to act as such for and on behalf of the corporation or the copartnership, as officer or member, respectively.


text:
The cemetery licenses of both broker and salesperson shall be prominently displayed in the office of the broker.

The cemetery salesperson’s license shall remain in the possession of the licensed cemetery broker employer until canceled or until the salesperson leaves the employ of the broker.


text: Immediately upon the salesperson’s withdrawal from the employ of the broker, the broker shall return the salesperson’s license to the bureau for cancellation. A license canceled but not suspended or revoked may be reinstated within the fiscal year upon receipt of application therefor and the fee for the reinstatement of the license.


text:
(a) Every licensed cemetery broker shall have and maintain a definite place of business in this state which shall serve as his or her office for the transaction of business.

(b) No cemetery license authorizes the licensee to do business except from the location for which the cemetery license was issued.

(c) Notice in writing shall be given the bureau of change of business location of a cemetery broker, whereupon the bureau shall issue a new cemetery license for the unexpired period. The change or abandonment of business location without notification to the bureau shall automatically cancel the license theretofore issued.


text:
(a) If the applicant for a cemetery broker’s license maintains more than one place of business within the state, he or she shall apply for and procure an additional license for each branch office so maintained. Every such application shall state the name of the person and the location of the place of business for which such license is desired.

(b) The bureau may determine whether or not a broker is doing a cemetery brokerage business at or from any particular location which requires him or her to have a branch office license.


text: Each cemetery broker shall erect and maintain a sign in a conspicuous place on the premises to indicate that he or she is a licensed cemetery broker and his or her name shall be clearly shown thereon. The size and place of the sign shall conform to regulations that may be adopted by the bureau.


text: For a violation of any of the provisions of Sections 7652.2, 7652.3, 7652.4, and 7652.6, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.


text: Application for a certificate of authority shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fee provided for in this act and shall show that the cemetery authority owns or is actively operating a cemetery in this state which is subject to the provisions of the act or that the applicant is in a position to commence operating a cemetery.


text: Each cemetery for which a certificate of authority is required shall be operated under the supervision of a manager who is qualified in accordance with the regulations adopted by the bureau. Each cemetery manager shall be required to successfully pass a written examination evidencing an understanding of the applicable provisions of this code and of the Health and Safety Code. A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery manager without first obtaining a license from the bureau.


text: The bureau may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable.


citation: BPC § 7653

text:
(a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for certificates of authority. In reviewing an application for a certificate of authority, the bureau may consider acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a certificate of authority under Division 1.5 (commencing with Section 475).

(b) Upon receipt of an application for a certificate of authority, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed cemetery, and any other qualifications required of the applicant under this act, and for this purpose may subpoena witnesses, administer oaths, and take testimony.

(c) At the time of the filing of the application required by this section, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request, deposit an additional sum sufficient to defray those expenses, provided that the total sum shall not exceed nine hundred dollars ($900).

history: (History: Amended by Stats. 2022, Ch. 625, Sec. 44. (SB 1443) Effective January 1, 2023.)


text:
(a) The bureau may, in accordance with its rules and regulations, authorize interments in cemeteries for which there is no currently valid certificate of authority outstanding if the bureau finds that rights to interment therein will otherwise be impaired. However, nothing in this section authorizes sales of lots, vaults, or niches by cemeteries for which there is no currently valid certificate of authority. Interments permitted under this section shall be conducted by persons authorized by the bureau in accordance with its regulations, and Section 7731.2 shall not be applicable to such interments.

(b) The bureau or its representative shall be entitled to inspect and copy any cemetery records necessary to the performance of interments under this section, and any person having custody of those records shall permit inspection and copying thereof for that purpose. The bureau may apply to the superior court for the county in which the cemetery is located for an order temporarily transferring custody of cemetery records to it for purposes of this section.


text: The bureau shall inspect the books, records, and premises of any crematory licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the crematory building, the cremation chambers or furnaces, and the storage areas for human remains before and after cremation, during regular office hours or the hours the crematory is in operation. No prior notification of the inspection is required to be given to the crematory licensee. If any crematory licensee fails to allow that inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee. All proceedings under this section shall be conducted in accordance with the provisions of this chapter relating to disciplinary proceedings.


text: The bureau shall annually conduct a minimum of one unannounced inspection of each licensed crematory.


text: The bureau shall inspect the books, records, and premises of any cemetery where a certificate of authority is required under this chapter. In making the inspections, the bureau shall have access to all books and records, buildings, mausoleums, columbariums, storage areas, including storage areas for human remains, during regular office hours or the hours the cemetery is in operation. No prior notification of the inspection is required to be given to the holder of the certificate of authority. If any certificate holder fails to allow the inspection or any part thereof, disciplinary action, including, but not limited to, revocation or suspension may be taken against the certificate of authority. All disciplinary proceedings shall be conducted in accordance with this chapter.


text: The bureau shall annually conduct a minimum of one unannounced inspection of each cemetery for which a certificate of authority is required.


text:
A cemetery licensed under this chapter shall at all times employ a licensed cemetery manager to manage, supervise, and direct its operations. Notwithstanding any other provision of this chapter, licensed cemeteries within close geographical proximity of each other may request the bureau to allow a licensed cemetery manager to manage, supervise, and direct the business or profession of more than one facility.

(a) Every cemetery shall designate a licensed cemetery manager to manage the cemetery, and shall report the designation to the bureau within 10 days of the effective date. Any change in the designated manager shall be reported to the bureau within 10 days.

(b) The designated cemetery manager shall be responsible for exercising direct supervision and control over the operations, employees, and agents of the cemetery as is necessary to ensure full compliance with the applicable provisions of this code, the Health and Safety Code, and any regulations adopted thereto. Failure of the designated cemetery manager or the licensed cemetery to exercise that supervision or control shall constitute a ground for disciplinary action.

(c) A cemetery may employ, in addition to the designated cemetery manager, additional licensed cemetery managers. However, only one licensed cemetery manager may be appointed as the designated cemetery manager of the cemetery.


text:
(a) Application for a cemetery manager license shall be made in writing on the form provided by the bureau, verified by the applicant, and filed at the principal office of the bureau. The application shall be accompanied by the fee fixed by this chapter.

(b) The applicant for a cemetery manager license shall be at least 18 years of age, possess a high school diploma or its equivalent, shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480, shall demonstrate compliance with the training and experience requirements established by the bureau, and shall be a resident of this state.

(c) The bureau shall grant a cemetery manager license to any applicant who meets the requirements of this chapter and who has successfully passed the cemetery manager examination administered by the bureau.


text:
(a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a cemetery manager without holding a valid, unexpired cemetery manager license issued by the bureau.

(b) A licensed cemetery manager shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a cemetery manager without being employed by, or without being a corporate officer of a licensed cemetery.


text:
(a) Notwithstanding any other law, based upon a finding by a court of competent jurisdiction that a cemetery manager of a private cemetery has ceased to perform their duties, as described in subdivision (a) of Section 7611.4, due to a lapse, suspension, surrender, abandonment, or revocation of their license, the court may appoint a temporary manager to manage the cemetery property and to service the prepaid interments of the private cemetery. The court shall appoint a licensed cemetery manager as the temporary manager.

(b) The appointed temporary manager shall have the same powers over the care and maintenance of the private cemetery as a licensed cemetery manager, as described in subdivision (a) of Section 7611.4. The temporary manager shall serve for a limited term not to exceed six months, or until a new licensed manager has been hired, at which time the court shall terminate the appointment of the temporary manager.

(c) The court may authorize the payment of reasonable compensation for the temporary manager’s services, which shall be paid by the trustees from available income from the cemetery. In exercising its discretion pursuant to this subdivision, the court shall give due consideration to the ability of the cemetery income to otherwise pay for care and maintenance of the cemetery.

(d) (1) Notwithstanding any other law, if a court has not appointed a temporary manager within six months of the suspension, revocation, or surrender of the license of a cemetery manager of a private cemetery or the appointment of a temporary manager has expired, the county in which the cemetery is located may assume responsibility for the maintenance of the cemetery and may preserve public access to the cemetery until the court can appoint a temporary manager.

(2) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall be reimbursed from the available income in the endowment care fund for maintenance services rendered until a temporary care manager is appointed by the court or a new permanent cemetery manager is found.

(3) If a county assumes maintenance responsibilities for a cemetery under this subdivision, the county shall perform, at a minimum, all of the following maintenance services on the cemetery property:

(A) Keep cemetery grounds open for public access.

(B) Trim or mow grass and prune shrubs and trees on cemetery grounds.

(C) Keep public areas of the cemetery grounds and water features clear of trash and debris.

(D) Provide a supply of water to keep cemetery grass and plants as green as possible with consideration of water availability.

history: (History: Amended by Stats. 2021, Ch. 442, Sec. 3. (AB 651) Effective January 1, 2022.)


text:
(a) The bureau shall inspect the books, records, and premises of a hydrolysis facility licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the hydrolysis facility, the hydrolysis chamber, and the storage areas for human remains before and after hydrolysis, during regular office hours or the hours the hydrolysis facility is in operation. Prior notification of the inspection is not required to be given to the hydrolysis facility licensee. If a hydrolysis facility licensee fails to allow that inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee. All proceedings under this section shall be conducted in accordance with the provisions of this chapter relating to disciplinary proceedings.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 5. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 6 of Stats. 2022, Ch. 399.)


text:
(a) The bureau shall inspect the books, records, and premises of a reduction facility or a hydrolysis facility licensed under this chapter. In making those inspections, the bureau shall have access to all books and records, the hydrolysis or reduction facility, the hydrolysis chamber or reduction chamber, and the storage areas for human remains before and after reduction or hydrolysis, during regular office hours or the hours the facility is in operation. Prior notification of the inspection is not required to be given to the licensee. If a licensee fails to allow inspection or any part thereof, it shall be grounds for the suspension or revocation of a license or other disciplinary action against the licensee. All proceedings under this section shall be conducted in accordance with the provisions of this chapter relating to disciplinary proceedings.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 5) and added by Stats. 2022, Ch. 399, Sec. 6. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)


text:
(a) The bureau shall annually conduct a minimum of one unannounced inspection of each licensed hydrolysis facility.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 7. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 8 of Stats. 2022, Ch. 399.)


text:
(a) The bureau shall annually conduct a minimum of one unannounced inspection of each reduction facility and each licensed hydrolysis facility.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 7) and added by Stats. 2022, Ch. 399, Sec. 8. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)


citation: BPC § 7660

text: An apprentice embalmer is a person engaged in the study of embalming under the instruction and supervision of a licensed embalmer who has had at least two years’ practical experience as a California licensed embalmer.

history: (History: Amended by Stats. 1996, Ch. 1151, Sec. 23. Effective January 1, 1997.)

article: 4. Apprentices

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 4. Apprentices


citation: BPC § 7661

text: An application for registration as an embalmer’s apprentice shall be made upon a form provided by the bureau, verified by the applicant and accompanied by the fee fixed by this chapter.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 121. Effective January 1, 2001.)

article: 4. Apprentices


citation: BPC § 7662

text:
In order to qualify as an apprentice embalmer, an applicant shall comply with all of the following requirements:

(a) Be over 18 years of age.

(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.

(c) Do one of the following:

(1) Furnish proof showing completion of a high school course.

(2) Furnish the bureau with evidence that he or she has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and that the license has never been suspended or revoked for unethical conduct.

(3) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 89. (SB 821) Effective January 1, 2010.)

article: 4. Apprentices


citation: BPC § 7664

text: Certificates of apprenticeship issued pursuant to this article shall expire when the holder has been issued a license as an embalmer, or six years from the date of registration, whichever first occurs. The certificates may not be renewed, but an apprentice embalmer who has not completed his or her term of apprenticeship at the time his or her certificate expires may apply for reregistration upon compliance with Section 7661. The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but no reregistration shall have the effect of continuing the term of apprenticeship beyond the period specified in Section 7666.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 123. Effective January 1, 2001.)

article: 4. Apprentices


citation: BPC § 7665

text:
All registered apprentice embalmers shall comply with the following requirements during their period of apprenticeship:

(a) Shall file a report of apprenticeship as follows:

(1) On or before January 15 of each year covering the period of apprenticeship ending as of December 31 preceding.

(2) Upon change of supervising embalmer or employer, or both.

(3) Upon completion of apprenticeship.

(4) Upon application for leave of absence for a period in excess of 15 days.

(5) Upon suspending apprenticeship to attend a mortuary science program.

(6) Upon application for reregistration after suspension or revocation of registration if a complete report of previous registration has not been filed.

(b) The information contained in the report shall consist of a concise summary of the work done by the apprentice during the period covered thereby, shall be verified by the apprentice and certified to as correct by his or her supervising embalmer and employer. Upon request of the bureau, each funeral director in whose establishment an apprenticeship is being, or has been, served, and each embalmer under whose instruction or supervision an apprenticeship is being or has been served, shall promptly file with the bureau a report or such other information as may be requested relating to the apprenticeship. Failure to comply with the request is cause for revocation by the bureau of the approval granted to the funeral director or embalmer for the training of apprentices and is also a cause for disciplinary action against the funeral director or embalmer.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 90. (SB 821) Effective January 1, 2010.)

article: 4. Apprentices


citation: BPC § 7666

text:
(a) The term of apprenticeship shall be two years. However, if an apprentice after having served his or her apprenticeship fails to pass the examinations required for an embalmer’s license, he or she may continue for one additional term of apprenticeship, which shall be the maximum apprenticeship permitted and provided further that an apprentice may, upon filing an application therefor, be permitted to continue the apprenticeship for a period not to exceed six months, if approved, for any of the following reasons:

(1) While awaiting the processing of applications submitted to the bureau.

(2) While awaiting notification of grades of examinations required under Section 7646.

(3) While awaiting the commencement of a class of a mortuary science program when the apprentice intends to enroll in the program.

Applications filed for an extension of apprenticeship shall be filed by the applicant with the bureau not fewer than 15 days prior to the date the applicant requests the extension to commence.

(b) Terms of apprenticeship may be served before, after, or divided by the mortuary science program at the option of the apprentice; provided, however, that the term of apprenticeship must be completed, excluding time spent in active military service, within six years from the date of original registration, or from the date an apprentice successfully passes the examinations for an embalmer’s license required in Section 7646, whichever first occurs, and provided further that if the term of apprenticeship is not completed within the six-year period, the bureau may require that the applicant serve the additional term of apprenticeship, not to exceed two years.

(c) A student attending a mortuary science program may register as an apprentice during the program term but shall receive no credit for apprenticeship on the term required by this code unless he or she is also a full-time employee of a funeral director.

(d) An apprentice while serving his or her required term of apprenticeship shall be a full-time employee in the funeral establishment in which he or she is employed.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 91. (SB 821) Effective January 1, 2010.)

article: 4. Apprentices


citation: BPC § 7667

text:
(a) The bureau shall have the power to grant leaves of absence and extensions of leaves of absence and approve absences during the term of apprenticeship.

(b) A leave of absence, including any extensions, shall not be approved for a longer period than an aggregate of one year.

(c) No credit will be given to an apprentice on his or her apprenticeship for the period during which he or she is absent from duty on leave.

(d) Application for a leave of absence and for an extension thereof shall be made by the apprentice on a form provided by the bureau.

(e) Upon termination of a leave of absence, the apprentice shall report that fact to the bureau within 10 days of his or her resumption of apprenticeship by returning to the bureau, his or her certificate of registration accompanied by a statement as to the resumption of apprenticeship which statement shall be certified as correct by the funeral director in whose establishment he or she is to resume his or her duties and by the embalmer under whose supervision he or she is to resume his or her apprenticeship.

(f) Failure to report within 10 days after the expiration date of any leave of absence shall be cause for cancellation of the registration of an apprentice.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 126. Effective January 1, 2001.)

article: 4. Apprentices


citation: BPC § 7668

text:
The bureau may suspend or revoke a certificate of apprenticeship, after notice and upon complaint and hearing in accordance with the provisions of Article 6, if the apprentice is guilty of any of the following acts or omissions:

(a) Failure to devote full-time employment to the duties of his or her apprenticeship.

(b) Failure to make any report required by this chapter.

(c) Absence from duty except as provided in this code.

(d) Being on duty as an apprentice while under the influence of any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 2 (commencing with Section 4015) of Chapter 9 of the Business and Professions Code, or alcoholic beverages or other intoxicating substances, to an extent dangerous or injurious to himself, herself, any person, or the public to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her certification.

(e) Disobedience of proper orders or instructions of his or her superior.

(f) Violation of any provision of this chapter or any rule or regulation of the bureau.

(g) Soliciting business for a funeral director or for an embalmer in violation of this chapter.

(h) Fraud or misrepresentation in obtaining a certificate of registration as an apprentice.

(i) Conviction of a crime substantially related to the qualifications, functions and duties of an apprentice, in which case the record of conviction, or a certified copy, shall be conclusive evidence of the conviction.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 127. Effective January 1, 2001.)

article: 4. Apprentices


citation: BPC § 7669

text:
An apprentice who has had his or her certificate of apprenticeship suspended or revoked may, within one year after the suspension or revocation apply for reregistration upon compliance with the law in effect at the time he or she so applies and payment of the apprentice application fee fixed by this chapter. No reregistration shall have the effect of continuing an apprenticeship beyond the period specified in Section 7666.

The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but if the previous registration has been suspended or revoked for unprofessional conduct, not more than 75 percent of the time previously served shall be credited on the reregistration.

history: (History: Amended by Stats. 2000, Ch. 568, Sec. 128. Effective January 1, 2001.)

article: 4. Apprentices


citation: BPC § 7670

text:
(a) The apprenticeship required by this article shall be served in a licensed funeral establishment that shall have been previously approved for apprenticeship training by the bureau. In order to qualify for approval, the funeral establishment shall submit to the bureau an application, accompanied by the fee fixed by this chapter, showing:

(1) That not less than 50 human remains per apprentice employed have been embalmed in the establishment during the 12 months immediately preceding the date of the application.

(2) That the applicant has, and will continue to have, for each two apprentices employed by the establishment, a full-time employed California embalmer who has had not less than two years’ practical experience as a California licensed embalmer immediately preceding the date of the application or a trade embalmer who is hired by the establishment on a case-by-case basis who has had not less than two years’ practical experience as a California licensed embalmer immediately preceding the date of the application.

(3) That the licensed funeral establishment applicant meets the requirements of law as to equipment, cleanliness and sanitation as determined by an inspection report filed with the bureau.

(4) Nothing in this section shall be construed to prohibit a trade embalmer, as described in paragraph (2), from acting as the supervising embalmer of an apprentice pursuant to this section.

(b) Licensed funeral establishments under common ownership within close geographical proximity of each other may request any of the following from the bureau:

(1) To be treated in aggregate for the purpose of meeting the requirements of paragraph (1) of subdivision (a).

(2) To designate one additional supervising embalmer per registered apprentice.

(3) To allow a registered apprentice to serve in any or all of the licensed funeral establishments requested and approved pursuant to this section.

(c) Approval granted under this section shall be renewed annually upon application by the funeral establishment showing continued compliance with the foregoing provisions of this section, filed with the bureau not later than January 15 of each year. An application for renewal shall be accompanied by the fee fixed by this chapter.

(d) For purposes of this section, “trade embalmer” means a person who is an independent California licensed embalmer who embalms dead human bodies on a contractual basis for one or more California licensed funeral establishments.

history: (History: Amended by Stats. 2017, Ch. 150, Sec. 1. (AB 1381) Effective January 1, 2018.)

article: 4. Apprentices


citation: BPC § 7671

text: No person who is a duly registered apprentice or a student at an approved mortuary science program in California at the time of any amendment to this chapter raising the requirements for apprentice embalmers or license as an embalmer shall be required to comply with the provisions of that amendment.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 92. (SB 821) Effective January 1, 2010.)

article: 4. Apprentices


citation: BPC § 7672

text:
(a) A person shall not dispose of or offer to dispose of cremated human remains or hydrolyzed human remains unless registered as a cremated remains disposer by the bureau. This article shall not apply to a person, partnership, or corporation holding a certificate of authority as a cemetery, crematory license, hydrolysis facility license, cemetery broker’s license, cemetery salesperson’s license, or funeral director’s license, nor shall this article apply to a person having the right to control the disposition of the cremated remains or hydrolyzed human remains of a person or that person’s designee if the person does not dispose of, or offer to dispose of, more than 10 cremated human remains or hydrolyzed human remains within any calendar year.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 9. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 10 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 4.5. Cremated Remains Disposer


text:
(a) A person shall not dispose of, or offer to dispose of, cremated, reduced, or hydrolyzed human remains unless registered as a cremated remains disposer by the bureau. This article does not apply to a person, partnership, or corporation holding a certificate of authority as a cemetery, crematory license, reduction facility, hydrolysis facility license, cemetery broker’s license, cemetery salesperson’s license, or funeral director’s license, nor shall this article apply to a person having the right to control the disposition of the cremated, reduced, or hydrolyzed human remains of a person or that person’s designee if the person does not dispose of, or offer to dispose of, more than 10 human remains within a calendar year.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 9) and added by Stats. 2022, Ch. 399, Sec. 10. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text:
(a) Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats that may be used in dispensing cremated human remains or hydrolyzed human remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee.

(b) Every registered cremated remains disposer who dispenses human remains by air shall post a copy of the person’s current pilot’s license, and the address of the cremated remains or hydrolyzed human remains storage area at their place of business. Every registered cremated remains disposer who dispenses human remains by boat shall post a copy of the person’s current boating license and the address of the cremated remains or hydrolyzed human remains storage area at their place of business.

(c) Commencing January 1, 2027, every registered cremated remains disposer who integrates reduced human remains into the soil shall post a copy of the address of the reduced human remains storage area at their place of business.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 11. (AB 351) Effective January 1, 2023.)

article: 4.5. Cremated Remains Disposer


text:
(a) The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following information: details about the registration and renewal requirements for cremated remains disposers; requirements for obtaining state permits to dispose of cremated human remains or hydrolyzed human remains; state storage requirements, if any; statutory duties pursuant to this article, and other applicable state laws.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 12. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 13 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer


text:
(a) The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following information: details about the registration and renewal requirements for cremated remains disposers; requirements for obtaining state permits to dispose of cremated, reduced, or hydrolyzed human remains; state storage requirements, if any; statutory duties pursuant to this article, and other applicable state laws.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 12) and added by Stats. 2022, Ch. 399, Sec. 13. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text:
(a) All aircraft used for the scattering of cremated human remains or hydrolyzed human remains shall be validly certified by the Federal Aviation Administration. All boats or vessels used for the scattering of cremated human remains or hydrolyzed human remains shall be registered with the Department of Motor Vehicles or documented by a federal agency, as appropriate. The certification or registration shall be available for inspection by the bureau.

(b) This section shall become operative on July 1, 2020.

history: (History: Repealed (in Sec. 13) and added by Stats. 2017, Ch. 846, Sec. 14. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text:
(a) A cremated remains disposer who scatters cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be subject to disciplinary action.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 14. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 15 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer


text:
(a) A cremated remains disposer who scatters cremated human remains or hydrolyzed human remains or who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains or who scatters or integrates into the soil human remains in a manner not in accordance with those instructions shall be subject to disciplinary action.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 14) and added by Stats. 2022, Ch. 399, Sec. 15. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text: Each cremated remains disposer shall provide the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code with a copy of the completed permit for disposition of human remains pursuant to Chapter 8 (commencing with Section 103050) of Part 1 of Division 102 of the Health and Safety Code within 30 days of the date of the scattering.

history: (History: Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)

article: 4.5. Cremated Remains Disposer


text:
(a) Every cremated remains disposer shall do both of the following:

(1) Dispose of cremated remains or hydrolyzed human remains within 60 days of the receipt of those remains, unless a written signed reason for a delay is presented to the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code.

(2) Provide the bureau with the address and telephone number of any storage facility being used by the registrant to store cremated remains or hydrolyzed human remains. Cremated remains or hydrolyzed human remains shall be stored in a place free from exposure to the elements, and shall be responsibly maintained until disposal. The bureau and its representatives shall conduct, on an annual basis, random inspections of the operations of 5 to 10 percent of the registered cremated remains disposers, and is authorized to inspect any place used by a cremated remains disposer for the storage of cremated remains or hydrolyzed human remains without notice to the cremated remains disposer.

(b) A violation of the requirements of this section is grounds for disciplinary action.

(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 16. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 17 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer


text:
(a) Every cremated remains disposer shall do both of the following:

(1) Dispose of cremated, reduced, or hydrolyzed human remains within 60 days of the receipt of those remains, unless a written signed reason for a delay is presented to the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code.

(2) Provide the bureau with the address and telephone number of any storage facility being used by the registrant to store cremated, reduced, or hydrolyzed human remains. Cremated, reduced, or hydrolyzed human remains shall be stored in a place free from exposure to the elements, and shall be responsibly maintained until disposal. The bureau and its representatives shall conduct, on an annual basis, random inspections of the operations of 5 to 10 percent of the registered cremated remains disposers, and may inspect any place used by a cremated remains disposer for the storage of cremated, reduced, or hydrolyzed human remains without notice to the cremated remains disposer.

(b) A violation of the requirements of this section is grounds for disciplinary action.

(c) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 16) and added by Stats. 2022, Ch. 399, Sec. 17. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text:
(a) Each cremated remains disposer shall file, and thereafter maintain, an updated copy of, an annual report on a form prescribed by the bureau. The report shall include, but not be limited to, the names of the deceased persons whose cremated remains or hydrolyzed human remains were disposed of, the dates of receipt of the cremated remains or hydrolyzed human remains, the names and addresses of the persons who authorized disposal of those remains, the dates and locations of disposal of those remains, and the means and manner of disposition. The report shall cover the fiscal year ending on June 30 and shall be filed with the bureau no later than September 30 of each year.

(b) A cremated remains disposer that makes a willful and material false statement regarding the disposal of cremated remains or hydrolyzed human remains in the annual report filed or updated pursuant to subdivision (a) shall be subject to disciplinary action.

(c) A cremated remains disposer that makes a willful and material false statement in the annual report filed or updated pursuant to subdivision (a) shall be guilty of a misdemeanor.

(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 18. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 19 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer


text:
(a) Each cremated remains disposer shall file, and thereafter maintain, an updated copy of, an annual report on a form prescribed by the bureau. The report shall include, but not be limited to, the names of the deceased persons whose cremated, reduced, or hydrolyzed human remains were disposed of, the dates of receipt of the cremated, reduced, or hydrolyzed human remains, the names and addresses of the persons who authorized disposal of those remains, the dates and locations of disposal of those remains, and the means and manner of disposition. The report shall cover the fiscal year ending on June 30 and shall be filed with the bureau no later than September 30 of each year.

(b) A cremated remains disposer who makes a willful and material false statement regarding the disposal of cremated, reduced, or hydrolyzed human remains in the annual report filed or updated pursuant to subdivision (a) shall be subject to disciplinary action.

(c) A cremated remains disposer who makes a willful and material false statement in the annual report filed or updated pursuant to subdivision (a) shall be guilty of a misdemeanor.

(d) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 18) and added by Stats. 2022, Ch. 399, Sec. 19. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text: All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall file an application for renewal on a form prescribed by the bureau accompanied by the required fee. A registration that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal fees. The bureau shall not renew the registration of any person who has not filed the required annual report until he or she has filed a complete annual report with the department.

article: 4.5. Cremated Remains Disposer


text: If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the registration was issued, no renewal shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.

article: 4.5. Cremated Remains Disposer


text:
(a) A person who scatters cremated human remains or hydrolyzed human remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation.

(b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person integrated into the soil shall constitute a separate violation.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 20. (AB 351) Effective January 1, 2023.)

article: 4.5. Cremated Remains Disposer


citation: BPC § 7673

text:
(a) A person who scatters any cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be guilty of a misdemeanor.

(b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains, or who integrates reduced human remains into the soil in a manner not in accordance with those instructions shall be guilty of a misdemeanor.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 21. (AB 351) Effective January 1, 2023.)

article: 4.5. Cremated Remains Disposer


text:
(a) A cremated remains disposer who stores cremated remains or hydrolyzed human remains in a reckless manner that results in either of the following is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment:

(1) Loss of all or part of the cremated remains or hydrolyzed human remains.

(2) Inability to individually identify the cremated remains or hydrolyzed human remains.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 22. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 23 of Stats. 2022, Ch. 399.)

article: 4.5. Cremated Remains Disposer


text:
(a) A cremated remains disposer who stores cremated, reduced, or hydrolyzed human remains in a reckless manner that results in either of the following is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment:

(1) Loss of all or part of the human remains.

(2) Inability to individually identify the human remains.

(b) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 22) and added by Stats. 2022, Ch. 399, Sec. 23. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 4.5. Cremated Remains Disposer


text: A cremated remains disposer shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). Any violation of this article shall also be grounds for disciplinary action.

article: 4.5. Cremated Remains Disposer


citation: BPC § 7680

text:
Every license issued shall be displayed conspicuously in the place of business or employment of the licensee.

The form and content of every license issued shall be determined in accordance with Section 164.

history: (History: Amended by Stats. 1971, Ch. 716.)

article: 5. Licenses

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 5. Licenses


citation: BPC § 7685

text:
(a) (1) Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, that may include the funeral director’s services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.

(2) The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, before the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.

(3) The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by an individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.

(b) (1) Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishment’s general price list, pursuant to federal rule, and a statement that the general price list is available upon request.

(2) Information posted pursuant to paragraph (1) shall be provided by a link from the Internet Web site homepage with a word or combination of words, including, but not limited to, “goods,” “merchandise,” “products,” or “services.”

(3) An establishment that posts on its Internet Web site homepage the words “price information” or a similar phrase that includes the word “price,” with a link that leads to the establishment’s general price list, need not comply with paragraphs (1) or (2).

(4) This subdivision shall not be construed to affect an establishment’s obligations under federal or state law effective before January 1, 2013.

(5) This subdivision shall become operative on January 1, 2013.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 13. (SB 1171) Effective January 1, 2017.)

article: 5.5. Funeral Practices

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12. Cemetery and Funeral Act > 5.5. Funeral Practices


text:
(a) The funeral director shall in a conspicuous manner place the price on each casket. Individual price tags on caskets shall include the thickness of metal, or type of wood, or other construction, as applicable, in addition to interior and color information. Each casket shall be priced individually, irrespective of the type of service purchased. If a funeral director advertises a funeral service for a stated amount, he or she shall display in a reasonably convenient location in the showroom and have available for sale, any casket which is used for determining that price.

(b) No funeral director shall charge the survivor of the deceased who is handling the funeral or burial arrangements or the responsible party a handling fee for a casket supplied by the survivor or responsible party.

(c) No funeral director or embalmer shall charge any additional fee for handling or embalming a body when death was due to a contagious or infectious disease.

history: (History: Amended by Stats. 1992, Ch. 797, Sec. 2. Effective January 1, 1993.)

article: 5.5. Funeral Practices


text:
(a) A funeral director shall not enter into a contract for furnishing services or property in connection with the burial or other disposal of human remains until the funeral director has first submitted to the potential purchaser of those services or property a written or printed memorandum containing the following information, provided that information is available at the time of execution of the contract:

(1) The total charge for the funeral director’s services and the use of the funeral director’s facilities, including the preparation of the body and other professional services, and the charge for the use of automotive and other necessary equipment.

(2) An itemization of charges for the following merchandise as selected: the casket, an outside receptacle, and clothing.

(3) An itemization of fees or charges and the total amount of cash advances made by the funeral director for transportation, flowers, cemetery, crematory, or hydrolysis facility charges, newspaper notices, clergy honorarium, transcripts, telegrams, long distance telephone calls, music, and any other advances as authorized by the purchaser.

(4) An itemization of any other fees or charges not included above.

(5) The total of the amount specified in paragraphs (1) to (4), inclusive.

If the charge for any of the above items is not known at the time the contract is entered into, the funeral director shall advise the purchaser of the charge therefor, within a reasonable period after the information becomes available. All prices charged for items covered under Sections 7685 and 7685.1 shall be the same as those given under those sections.

(b) A funeral establishment shall obtain from the person with the right to control the disposition pursuant to Section 7100 of the Health and Safety Code, or the person prearranging the cremation or hydrolysis and disposition of the person’s own remains, a signed declaration designating specific instructions with respect to the disposition of cremated remains or hydrolyzed human remains. The bureau shall make available a form upon which the declaration shall be made. The form shall include, but not be limited to, the names of the persons with the right to control the disposition of the cremated remains or hydrolyzed human remains and the person who is contracting for the cremation or hydrolysis services; the name of the deceased; the name of the funeral establishment in possession of the remains; the name of the crematorium or hydrolysis facility; and specific instructions regarding the manner, location, and other pertinent details regarding the disposition of cremated remains or hydrolyzed human remains. The form shall be signed and dated by the person arranging for the cremation or hydrolysis and the funeral director, employee, or agent of the funeral establishment in charge of arranging or prearranging the cremation or hydrolysis service.

(c) A funeral director entering into a contract to furnish cremation or hydrolysis services shall provide to the purchaser of cremation or hydrolysis services, either on the first page of the contract for cremation or hydrolysis services, or on a separate page attached to the contract, a written or printed notice containing the following information:

(1) A person having the right to control disposition of cremated remains or hydrolyzed human remains may remove the remains in a durable container from the place of cremation, hydrolysis, or interment, pursuant to Section 7054.6 of the Health and Safety Code.

(2) If the cremated remains container or hydrolyzed human remains container cannot accommodate all cremated remains or hydrolyzed human remains of the deceased, the crematory or hydrolysis facility shall provide a larger cremated remains container or hydrolyzed human remains container at no additional cost, or place the excess in a second container that cannot easily come apart from the first, pursuant to Section 8345 of the Health and Safety Code.

(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 399, Sec. 24. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 25 of Stats. 2022, Ch. 399.)

article: 5.5. Funeral Practices


text:
(a) A funeral director shall not enter into a contract for furnishing services or property in connection with the burial or other disposal of human remains until the funeral director has first submitted to the potential purchaser of those services or property a written or printed memorandum containing the following information, if that information is available at the time of execution of the contract:

(1) The total charge for the funeral director’s services and the use of the facilities, including the preparation of the body and other professional services, and the charge for the use of automotive and other necessary equipment.

(2) An itemization of charges for the following merchandise as selected: the casket, an outside receptacle, and clothing.

(3) An itemization of fees or charges and the total amount of cash advances made by the funeral director for transportation, flowers, cemetery, crematory, reduction facility, or hydrolysis facility charges, newspaper notices, clergy honorarium, transcripts, telegrams, long distance telephone calls, music, and any other advances as authorized by the purchaser.

(4) An itemization of any other fees or charges not included above.

(5) The total of the amount specified in paragraphs (1) to (4), inclusive.

If the charge for any of the above items is not known at the time the contract is entered into, the funeral director shall advise the purchaser of the charge therefor, within a reasonable period after the information becomes available. All prices charged for items covered under Sections 7685 and 7685.1 shall be the same as those given under those sections.

(b) A funeral establishment shall obtain from the person with the right to control the disposition pursuant to Section 7100 of the Health and Safety Code, or the person prearranging the cremation, reduction, or hydrolysis and disposition of the person’s own remains, a signed declaration designating specific instructions with respect to the disposition of cremated, reduced, or hydrolyzed human remains. The bureau shall make available a form upon which the declaration shall be made. The form shall include, but not be limited to, the names of the persons with the right to control the disposition of the human remains and the person who is contracting for the cremation, reduction, or hydrolysis services; the name of the deceased; the name of the funeral establishment in possession of the remains; the name of the crematorium, reduction facility, or hydrolysis facility; and specific instructions regarding the manner, location, and other pertinent details regarding the disposition of cremated, reduced, or hydrolyzed human remains. The form shall be signed and dated by the person arranging for the cremation, reduction, or hydrolysis and the funeral director, employee, or agent of the funeral establishment in charge of arranging or prearranging the cremation, reduction, or hydrolysis service.

(c) A funeral director entering into a contract to furnish cremation, reduction, or hydrolysis services shall provide to the purchaser of those services, either on the first page of the contract for cremation, reduction, or hydrolysis services, or on a separate page attached to the contract, a written or printed notice containing the following information:

(1) A person having the right to control disposition of cremated remains or hydrolyzed human remains may remove the remains in a durable container from the place of cremation, hydrolysis, or interment, pursuant to Section 7054.6 of the Health and Safety Code.

(2) If the cremated remains container or hydrolyzed human remains container cannot accommodate all cremated remains or hydrolyzed human remains of the deceased, the crematory or hydrolysis facility shall provide a larger cremated remains container or hydrolyzed human remains container at no additional cost, or place the excess in a second container that cannot easily come apart from the first, pursuant to Section 8345 of the Health and Safety Code.

(3) If the person is contracting for reduction services, the estimated volume of the reduced human remains. The person having the right to control the reduced human remains shall be given the option of receiving none, part, or all of the reduced human remains and shall be notified, if receiving none or only part of the reduced human remains, of the location where the balance of the remains will be integrated into the soil.

(d) This section shall become operative on January 1, 2027.

history: (History: Repealed (in Sec. 24) and added by Stats. 2022, Ch. 399, Sec. 25. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)

article: 5.5. Funeral Practices