Funeral Director Examination California

Terms in this set (89)

(a) A licensed funeral establishment is a place of business
conducted in a building or separate portion of a building having a
specific street address or location and devoted exclusively to those
activities as are incident, convenient, or related to the preparation
and arrangements, financial and otherwise, for the funeral,
transportation, burial or other disposition of human remains and including, but not limited to, either of the following:
(1) A suitable room for the storage of human remains.
(2) A preparation room equipped with a sanitary flooring
and necessary drainage and ventilation and containing
necessary instruments and supplies for the preparation,
sanitation, or embalming of human remains for burial or
transportation.
(b) Licensed funeral establishments under common ownership or
by contractual agreement within close geographical proximity of
each other shall be deemed to be in compliance with the
requirements of paragraph (1) or (2) of subdivision (a) if at least
one of the establishments has a room described in those
paragraphs.
(c) Except as provided in Section 7609, and except accredited
mortuary science programs engaged in teaching students the art of
embalming, no person shall operate or maintain or hold himself or
herself out as operating or maintaining any of the facilities
specified in paragraph (2) of subdivision (a), unless he or she is
licensed as a funeral director.
(d) Nothing in this section shall be construed to require a
funeral establishment to conduct its business or financial
transactions at the same location as its preparation or storage of
human remains.
(e) Nothing in this chapter shall be deemed to render unlawful the
conduct of any ambulance service from the same premises as
those on which a licensed funeral establishment is conducted,
including the maintenance in connection with the funeral
establishment of garages for the ambulances and living quarters for
ambulance drivers.
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.
(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 therefore,
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.
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.
(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 director 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, in
full-time employment, for each two apprentices employed in
his or her establishment, a California embalmer 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 of that
applicant meets the requirements of law as to equipment, cleanliness and sanitation as determined by an inspection
report filed with the bureau.
(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 director, 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.
(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, which 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, prior to 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 any 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 home page of the Internet Web
site.
(3) An establishment that posts on its Internet Web site
home page 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) Nothing in this subdivision shall be construed to affect
an establishment's obligations under federal or state law
effective prior to January 1, 2013.
(5) This subdivision shall become operative on January 1,
2013.
(a) No funeral director shall enter into a contract for
furnishing services or property in connection with the burial or
other disposal of human remains until he or she 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 his or her 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 or crematory 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 such
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
and disposition of his or her own remains, a signed declaration
designating specific instructions with respect to the disposition of cremated 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 and the person who is
contracting for the cremation services; the name of the deceased;
the name of the funeral establishment in possession of the remains;
the name of the crematorium; and specific instructions regarding
the manner, location, and other pertinent details regarding the
disposition of cremated remains. The form shall be signed and
dated by the person arranging for the cremation and the funeral
director, employee, or agent of the funeral establishment in charge
of arranging or prearranging the cremation service.
(c) A funeral director entering into a contract to furnish
cremation services shall provide to the purchaser of cremation
services, either on the first page of the contract for cremation
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 may remove the remains in a durable
container from the place of cremation or interment, pursuant
to Section 7054.6 of the Health and Safety Code.
(2) If the cremated remains container cannot
accommodate all cremated remains of the deceased, the
crematory shall provide a larger cremated 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.
No funeral establishment licensed under the laws of the
State of California, or the agents or employees of a funeral
establishment, shall enter into or solicit any preneed arrangement,
contract, or plan, hereinafter referred to as "contract," requiring
the payment to the licensee of money or the delivery to the licensee
of securities to pay for the final disposition of human remains or
for funeral services or for the furnishing of personal property or
funeral merchandise, wherein the use or delivery of those services,
property or merchandise is not immediately required, unless the
contract requires that all money paid directly or indirectly and all
securities delivered under that agreement or under any agreement
collateral thereto, shall be held in trust for the purpose for which
it was paid or delivered until the contract is fulfilled according to
its terms; provided, however, that any payment made or securities
deposited pursuant to this article shall be released upon the death
of the person for whose benefit the trust was established as
provided in Section 7737. The income from the trust may be used
to pay for a reasonable annual fee for administering the trust,
including a trustee fee to be determined by the bureau, and to
establish a reserve of not to exceed 10 percent of the corpus of the trust as a revocation fee in the event of cancellation on the part of
the beneficiary. The annual fee for trust administration may be
recovered by withdrawals from accumulated trust income, provided
that total withdrawals for this purpose shall not exceed the amount
determined by the bureau. In no case shall the total amount
withdrawn in a year for trust administration exceed the total amount
of posted trust income for the immediate 12 preceding months. In
addition to annual fees and reserves authorized by this section, a
trustee may, at its election, pay taxes on the earnings on any trust
pursuant to Section 17760.5 of the Revenue and Taxation Code. In
no event, however, shall taxes paid on the earnings of any trust be
considered part of the fees or reserves authorized by this section.
All remaining income shall be accumulated in trust.
None of the corpus of the trust shall be used for payment of any
commission nor shall any of the corpus of the trust be used for
other expenses of trust administration, or for the payment of taxes
on the earnings of the trust.
All securities purchased by the trustor for deposit in trust
and all money received from the trustor for deposit in trust shall be
placed in trust with a trustee within 30 days of their receipt by
the funeral establishment pursuant to a trust agreement executed
by the funeral establishment, the trustor and trustee which shall
provide that the trustee shall hold the money or securities in trust
for the purposes for which deposited and that the trustee, upon the
signature of a majority of such trustees, shall deliver the corpus of
the trust to the funeral establishment upon the filing of a
certified copy of the death certificate or other satisfactory
evidence of the death of the beneficiary, together with satisfactory
evidence that the funeral establishment has furnished the
merchandise and services, provided, however, that (1) in the case of a trust agreement between any of the trustees set forth in
Section 7736 and a recipient of public assistance, under the
provisions of subdivision (a) of Section 11158 or paragraph (1) of
subdivision (e) of Section 12152 of the Welfare and Institutions
Code, and provided the value limitations of those sections are not
exceeded, such trust agreement may further provide that it is
irrevocable, and (2) in all other cases such trust agreement shall
further provide that at any time before the funeral establishment
has furnished the merchandise and services provided for in the
contract the trustor or the legally appointed representative may in
writing demand and receive the return of the corpus of the trust,
together with any income accrued in the trust, less the revocation
fee provided for in Section 7735; provided, however, that if and
when the trustor becomes otherwise eligible, or in order to become
eligible, for public social services, as provided in Division 9
(commencing with Section 10000) of the Welfare and Institutions
Code, he or she may agree, at his or her option, that the trust shall
be irrevocable in order to avail himself or herself of the provisions of
Section 11158 or Section 12152 of the Welfare and Institutions
Code. The delivery of the corpus of the trust and the accumulated
income to the funeral establishment performing the services, trustor
or beneficiary pursuant to the terms of this article and the trust
agreement herein referred to, shall relieve the trustee of any further
liabilities with regard to those funds or income therefrom.
Action level. Action level means a concentration of 0.5 part formaldehyde
per million parts of air (0.5 ppm) calculated as an eight (8)-hour timeweighted
average (TWA) concentration.
Authorized Person. Authorized person means any person required by
work duties to be present in regulated areas, or authorized to do so by the
employer, by this section, or by the California Occupational Safety and
Health Act of 1973.
Chief. The Chief of the Division of Occupational Safety and Health, or
designee.
Director. Director means the Director of the National Institute for
Occupational Safety and Health, U.S. Department of Health and Human
Services, or designee.
Emergency. An emergency is any occurrence, such as but not limited to
equipment failure, rupture of containers, or failure of control equipment
that results in an uncontrolled release of a significant amount of
formaldehyde.
Employee exposure. Employee exposure means the exposure to
airborne formaldehyde which would occur without corrections for
protection provided by any respirator that is in use.
Formaldehyde. Formaldehyde means the chemical substance, HCHO,
Chemical Abstracts Service Registry No. 50-00-0.
(c) Permissible Exposure Limit (PEL)
(1) Time Weighted Average (TWA): The employer shall assure that no
employee is exposed to a concentration of airborne formaldehyde which exceeds 0.75 parts formaldehyde per million parts of air (0.75 ppm) as an
8-hour TWA.
(2) Short Term Exposure Limit (STEL): The employer shall assure that
no employee is exposed to a concentration of airborne formaldehyde
which exceeds two parts formaldehyde per million parts of air (2 ppm) as a
15 minute STEL.
(a) No embalming, preparation or storage room shall be located in any
public storage, mini-storage, mini-warehouse, multi-unit storage complex
or similar facility used by members of the general public for the storage of
goods. Any existing embalming, preparation or storage room located in a
prohibited facility shall be relocated and brought into full compliance with
this section, within twelve (12) months of this subsection's effective date.
(b) Every licensed funeral establishment shall maintain in its embalming,
preparation and/or storage room, a sufficient supply of a suitable and
effective disinfectant to provide for the cleansing and disinfection of the
facility and its contents.
(c) Every licensed funeral establishment and funeral director who holds
unembalmed human remains for a period longer than twenty-four (24)
hours shall cause the body to be refrigerated at an approved facility with
sufficient capacity as defined under section 1223.1(d).
(d) All embalming, preparation or storage rooms shall contain only the
equipment and supplies necessary for the preparation or care and
handling of human remains for disposition or transportation.
(e) As used in this chapter, a storage room is a suitable room, other than a
chapel, viewing or visitation room, office, supply room, closet or other
room open to public access, which is used by a licensed funeral
establishment for the storage or holding of human remains prior to effecting disposition. A storage room may be maintained in conjunction
with an embalming or preparation room.
(a) For the purposes of Business and Professions Code section 7685 and
this section, the term "provide" shall mean to give for retention to persons
who inquire in person about funeral arrangements or the prices of funeral
goods or services.
(b) For the purposes of Business and Professions Code sections 7685
and 7685.1(a), casket descriptions shall be sufficiently descriptive so as to
provide a reasonably accurate impression of the casket including its color.
The color may be expressed in either the manufacturer's color or generic
color. The color description of wood caskets shall specify whether the
finish is dark, medium or light.
(c) The statement regarding the price range for all caskets offered for sale,
required pursuant to Business and Professions Code section 7685, shall:
(1) Differentiate between the price range for adult caskets, the price
range for infant and child caskets, the price range for rental
caskets, and the price range for alternative containers.
(2) Include all caskets that are regularly offered for sale.
(d) The price range required by (c)(1) above shall be restated at the
beginning of the casket price list required by Business and Professions
Code section 7685.
(e) All caskets and alternative containers regularly offered for sale shall be
either physically displayed in the funeral establishment casket selection
room or displayed photographically.
(f) The provisions of Business and Professions Code section 7685.1(a)
shall be applicable to caskets regularly offered for sale and displayed by
catalog, by photograph and physically.
(a) A rental casket is a specially designed device used to conceal a rental
casket insert containing human remains, for purposes of viewing and/or
funeral or other ceremony, and may give the outward appearance of being
a casket. No part of a rental casket, including its lining, shall come into
contact with any human remains placed therein or placed within a rental
casket insert placed therein, unless that part or lining is disposed of with
the rental casket insert and human remains.
(b) For the purposes of Business and Professions Code section 7702, a
casket is a rigid container which is designed for the encasement of human
remains and which is usually constructed of wood, metal, fiberglass,
plastic, or like material, and ornamented and lined with fabric.
(c) A rental casket insert is an enclosure without ornamentation which has
an interior lining and which is designed for the encasement of human
remains for burial, cremation, or transit.
(d) The provisions of Business and Professions Code section 7702 shall
not be applicable to rental caskets, as described and defined in subsection
(a) of this section, if the purchaser/renter is notified in writing prior to
entering into any agreement that the rental casket is designed to be
reused and may have previously been used and if the purchaser/renter
does not object to the previous use and/or reuse. The purchaser/renter
shall acknowledge the notification and express agreement in writing.
(e) A new rental casket insert shall be used for each human remains
displayed in a rental casket.
(f) No rental casket shall be used or reused after it has been soiled,
stained or otherwise contaminated by or from any human remains placed
therein or placed within a rental casket insert placed therein.
(a) Each licensed funeral establishment and licensed funeral director who
enters into any pre-need arrangements, contracts or plans described in
and subject to the provisions of Article 9, Chapter 12, Division 3 of the
Business and Professions Code shall file with the bureau annually on or
before May 1 of each year and upon transfer of license or cessation of
business, a written, verified or audited report, on form 21 P-4A (1/94)
prescribed and furnished by the bureau, pertaining to funds received and
held under such arrangements, contracts or plans. Firms utilizing a fiscal
year accounting system may request permission, in writing to the bureau
chief to file said report on a fiscal year basis and, if permission is granted,
said report shall then be filed with the bureau no later than one hundred
twenty (120) days from the date of the close of said fiscal year.
(b) The report required under this Article shall accompany the forms of
assignment or transfer of a funeral establishment license. The report
required hereunder upon cessation of business as a licensed funeral
establishment shall be submitted thirty (30) days prior to such cessation of
business.
(c) In cases where trust corpus is deposited in individual savings
accounts, and not commingled for investment purposes, the bureau may
require a verified report. Said requirement of verification shall be deemed
complied with by a verification under penalty of perjury by the owner,
partners, or, in the case of a corporation, by the president or vicepresident
and one (1) other officer thereof and, in addition thereto, all
reports must contain a verification under penalty of perjury executed by at
least two (2) trustees not employed by the funeral establishment and, in
the case of a banking institution or trust company legally authorized to act
as a trustee within the meaning of Section 7736 of Article 9, Chapter 12,
Division 3, of the Business and Professions Code, a verification under
penalty of perjury on behalf of such trustee by an authorized
representative of said trustee.
(d) In cases where trust funds have been commingled for purposes of
investment, the bureau may require, in addition to the written report
required by subsection (a) of this section, an independent audit report
prepared and signed by a Certified Public Accountant or Public
Accountant, currently licensed in the State of California, which certifies compliance with the provisions of Article 9, Chapter 12, Division 3 of the
Business and Professions Code and the provisions of this Article.
(e) All written reports required under this section shall include, but are not
limited to, a statement setting forth:
(1) Amounts collected pursuant to pre-need arrangements,
contracts or plans, or any agreements collateral thereto;
(2) Amounts deposited with the trustee and held in trust;
(3) Amounts of authorized expenditures of income allocable to
individual accounts, itemized as to the nature of expenditures;
(4) Amount of authorized expenditures of income paid, itemized as
to the nature of expenditure; and
(5) Separately, the total amount of such trust funds invested in each
of the investments authorized by law and the amount of cash on
hand not invested which statement actually show the financial
condition of the trust funds.
(f) Two (2) or more funeral establishments who utilize a common trust fund
to hold and administer payments received under pre-need contracts may
cause the trustee of that common trust fund to file one (1) combined
annual report regarding all such pre-need contracts, provided each funeral
establishment's information is disclosed separately.
A preneed trust contract within the meaning of Article 9, Chapter 12,
Division 3, of the Business and Professions Code shall include but not be
limited to the following information:
(a) The name and address of the trustor.
(b) The name and address of the beneficiary.
(c) The names and addresses of the trustees.
(d) The name, address and phone number of the funeral
establishment.
(e) A sequential number which shall be continuous and in order of
issue.
(f) A copy of the completed funeral arrangements forms including,
but not limited to, the following:
(1) A description of the merchandise and services selected
which is sufficiently detailed to identify them; and
(2) Any disclosure of prices or itemization of services or
merchandise, which is required to be provided pursuant to
State or Federal law, rule or regulation then in effect.
(g) A statement that earned annual income is being credited to the
account and that administrative expenses, if charged, are paid from
income only.
(h) A statement, in clear nontechnical language, that the contract is
either a guaranteed pre-need contract or that it is a nonguaranteed
pre-need contract, and, if guaranteed only in part, the services or
merchandise included in the guarantee shall be specified. This
statement shall be printed in bold face type and shall be located on
the first page of the contract.
(1) If the contract is guaranteed, there shall be included in
the contract a complete explanation of all the terms and
conditions limiting the guarantee.
(2) If the contract is not guaranteed, there shall be included
in the contract a complete explanation of how the trust
balance will be applied to pay for services and merchandise
provided at the beneficiary's death and that there may be
additional payments required or a refund due.
(i) A statement that the trustees of the trust will deliver the corpus of
the trust and net income to the funeral establishment filing a
certified copy of the Death Certificate and evidence that said
funeral establishment has furnished the merchandise and services. (Corpus of the Trust means all monies paid and all securities
delivered pursuant to this prearrangement contract.)
(j) A statement that the amount of revocation fee to be charged in
the event of revocation, shall in no event exceed ten percent (10%)
of the paid-in corpus and is chargeable against earned income
only; and a statement that no revocation fee may be charged if the
funeral establishment is unable to perform substantially according
to the terms of the agreement.
(k) In immediate proximity to the space reserved for the purchaser's
signature, in a size equal to at least ten point (10-point) bold type,
the following statement:
"All funds received will be deposited with the trustees within
thirty (30) days and held in a trust which is fully refundable
upon fifteen (15) days' written notice except when the
beneficiary is the recipient of public assistance, as provided
in the Welfare and Institutions Code and this trust agreement
has been designated as being irrevocable thereunder."
(a) Except with the express written permission of the
person entitled to control the disposition of the remains, no person
shall:
(1) Cremate the remains of more than one person at the
same time in the same cremation chamber, or introduce the
remains of a second person into a cremation chamber until
incineration of any preceding remains has been terminated
and reasonable efforts have been employed to remove all
fragments of the preceding remains. The fact that there is
residue in the cremation chamber or other equipment or any
container used in a prior cremation is not a violation of this
section.
(2) Dispose of or scatter cremated remains in a manner or
in a location that the remains are commingled with those of
another person. This paragraph shall not apply to the
scattering of cremated remains at sea from individual
containers or to the disposal in a dedicated cemetery of
accumulated residue removed from a cremation chamber or
other cremation equipment.
(3) Place cremated or uncremated remains of more than
one person in the same container or the same interment
space. This paragraph shall not apply to the following:
(A) Interment of members of the same family in a
common container designed for the cremated remains
of more than one person.
(B) Interment in a space or container that has been
previously designated at the time of sale as being intended for the interment of remains of more than
one person.
(C) Disposal in a dedicated cemetery of residue
removed from a cremation chamber or other
cremation equipment.
(b) Written acknowledgement from the person entitled to control
the disposition of the cremated remains shall be obtained by the
person with whom arrangements are made for disposition of the
remains on a form that includes, but is not limited to, the following
information:
"The human body burns with the casket, container, or
other material in the cremation chamber. Some bone
fragments are not combustible at the incineration
temperature and, as a result, remain in the cremation
chamber. During the cremation, the contents of the chamber
may be moved to facilitate incineration. The chamber is
composed of ceramic or other material which disintegrates
slightly during each cremation and the product of that
disintegration is commingled with the cremated remains.
Nearly all of the contents of the cremation chamber,
consisting of the cremated remains, disintegrated chamber
material, and small amounts of residue from previous
cremations, are removed together and crushed, pulverized,
or ground to facilitate inurnment or scattering. Some residue
remains in the cracks and uneven places of the chamber.
Periodically, the accumulation of this residue is removed and
interred in a dedicated cemetery property, or scattered at
sea."
The acknowledgment shall be filed and retained, for at least five
years, by the person who disposes of or inters the remains.
(c) Any person, including any corporation or partnership,
knowingly violating any provision of this section is guilty of a
misdemeanor.
(a) The right to control the disposition of the remains of a
deceased person, the location and conditions of interment, and
arrangements for funeral goods and services to be provided, unless
other directions have been given by the decedent pursuant to
Section 7100.1, vests in, and the duty of disposition and the liability
for the reasonable cost of disposition of the remains devolves upon,
the following in the order named:
(1) An agent under a power of attorney for health care who
has the right and duty of disposition under Division 4.7
(commencing with Section 4600) of the Probate Code,
except that the agent is liable for the costs of disposition only
in either of the following cases:
(A) Where the agent makes a specific agreement to
pay the costs of disposition.
(B) Where, in the absence of a specific agreement,
the agent makes decisions concerning disposition that
incur costs, in which case the agent is liable only for
the reasonable costs incurred as a result of the
agent's decisions, to the extent that the decedent's
estate or other appropriate fund is insufficient.
(2) The competent surviving spouse.
(3) The sole surviving competent adult child of the
decedent or, if there is more than one competent adult child
of the decedent, the majority of the surviving competent
adult children. However, less than the majority of the
surviving competent adult children shall be vested with the
rights and duties of this section if they have used reasonable efforts to notify all other surviving competent adult children of
their instructions and are not aware of any opposition to
those instructions by the majority of all surviving competent
adult children.
(4) The surviving competent parent or parents of the
decedent. If one of the surviving competent parents is
absent, the remaining competent parent shall be vested with
the rights and duties of this section after reasonable efforts
have been unsuccessful in locating the absent surviving
competent parent.
(5) The sole surviving competent adult sibling of the
decedent or, if there is more than one surviving competent
adult sibling of the decedent, the majority of the surviving
competent adult siblings. However, less than the majority of
the surviving competent adult siblings shall be vested with
the rights and duties of this section if they have used
reasonable efforts to notify all other surviving competent
adult siblings of their instructions and are not aware of
any opposition to those instructions by the majority of all
surviving competent adult siblings.
(6) The surviving competent adult person or persons
respectively in the next degrees of kinship or, if there is more
than one surviving competent adult person of the same
degree of kinship, the majority of those persons. Less than
the majority of surviving competent adult persons of the
same degree of kinship shall be vested with the rights and
duties of this section if those persons have used reasonable
efforts to notify all other surviving competent adult persons of
the same degree of kinship of their instructions and are
not aware of any opposition to those instructions by the
majority of all surviving competent adult persons of the same
degree of kinship.
(7) A conservator of the person appointed under Part 3
(commencing with Section 1800) of Division 4 of the Probate
Code when the decedent has sufficient assets.
(8) A conservator of the estate appointed under Part 3
(commencing with Section 1800) of Division 4 of the Probate
Code when the decedent has sufficient assets.
(9) The public administrator when the deceased has
sufficient assets.
(b) (1) If a person to whom the right of control has vested
pursuant to subdivision (a) has been charged with first- or
second-degree murder or voluntary manslaughter in
connection with the decedent's death and those charges are
known to the funeral director or cemetery authority, the right
;