Funeral Director Examination California
examination sources outline
Terms in this set (89)
7616 ambulance service
(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
(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
(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
(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
7617 place of business licensing
The business of a licensed funeral establishment shall be
conducted and engaged in at a fixed place or facility.
No person, partnership, association, corporation, or other
organization shall open or maintain a place or establishment at
which to engage in or conduct, or hold himself or herself or itself out
as engaging in or conducting, the business of a funeral
establishment without a license.
7623 separate locations licensees
If an applicant for a funeral establishment license proposes
to engage in or conduct more than one funeral establishment, the
applicant shall make a separate application and procure a separate
license for each separate establishment.
7624 one director per establishment
Not more than one person, partnership, association,
corporation, or other organization engaged in business as a funeral
establishment shall transact business in one specific funeral
7628 application to change place of business
Any person, partnership, association, corporation, or other
organization desiring to change the location of a licensed funeral
establishment shall apply therefor on forms furnished by the bureau
and shall include a fee fixed by this chapter.
The application shall be granted by the bureau upon the filing
with the bureau of a favorable report from an inspector concerning
the physical status or plans and specifications of the proposed
licensed funeral establishment to the effect that it conforms to the
requirements of this article.
7629 unfair competiton
No funeral establishment shall be conducted or held forth as
being conducted or advertised as being conducted under any name
which might tend to mislead the public or which would be
sufficiently like the name of any other licensed funeral
establishment so as to constitute an unfair method of competition.
Any funeral director desiring to change the name appearing on
his or her license may do so by applying to the bureau and paying
the fee fixed by this chapter.
7630 assignment of license
A funeral establishment's license may be assigned upon
payment of the fee fixed by this chapter and upon submission of an
audit report prepared and signed by an independent certified public
accountant or public accountant currently licensed in this state. The
audit report shall include an unqualified opinion on the accuracy of
the trust fund balances and a report of compliance with the
provisions of this article and Article 9 (commencing with Section
7735). Any shortages in the trust funds shall be funded.
The assignee shall comply with all provisions previously placed
on the assignor.
7631 death of a licensee
In case of the death of a licensed funeral director who
leaves a funeral establishment as part or all of the assets of his or
her estate, the bureau may issue a temporary license to his or her
legal representative, unless the legal representative has committed
acts or crimes constituting grounds for denial of licensure under
Section 480. A temporary establishment license is valid for six
months from the date of issue. However, upon the petition of the
estate's legal representative, the bureau, in its discretion, may
grant a reasonable extension to allow for the assets of the estate to
be distributed as circumstances warrant.
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
7633 death certificate fees
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
7634 removal of tissues
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.
7641 unlicensed practice students and instructors
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.
7643 applicant's qualifications
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.
7648 emblmers license nonassignable
No embalmer's license is assignable, and only the licensee
may engage in the practice of embalming under the license.
7649 signature of licensee on certificate
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.
7665 requirements of apprenticeship
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
(2) Upon change of supervising embalmer or employer, or
(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
(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.
7666 term of aprenticeship
(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.
7667 leave ob absence
(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
(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.
7668 suspension, revocation grounds
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
(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
(e) Disobedience of proper orders or instructions of his or her
(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.
7670 apprenticeship requirement
(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
(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
(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
(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
(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.
7680 display of license
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.
7685 provision of pricelist
(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
(2) Information posted pursuant to paragraph (1) shall be
provided by a link from the home page of the Internet Web
(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,
7685.1 caskets pricing and display
(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.
7685.2 provision of information to purchaser
(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
(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
(5) The total of the amount specified in paragraphs (1) to
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
(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
7692 business conduct; fraud
Misrepresentation or fraud in the conduct of the business or
the profession of a funeral director or embalmer constitutes a
ground for disciplinary action.
7692.5 misrepresentation of burial regulations to obtain business
Any false or misleading statement regarding any law or
regulation pertaining to the preparation for burial, transportation
for burial, or burial of the dead, made willfully by a licensee to
obtain business as a funeral director or embalmer, constitutes a
ground for disciplinary action.
7693 false or misleading advertising
False or misleading advertising as a funeral establishment,
funeral director, or embalmer constitutes a ground for disciplinary
7694 solicitation of business- advertising exception
Solicitation, after a death or while a death is impending, of
funeral directing or embalming business by the licensee, or by the
agents, assistants or employees of the licensee, when such
solicitation is authorized or ratified by the licensee, constitutes a
ground for disciplinary action. This section does not prohibit
7695 employment of cappers, steerers, solicitors
Employment by the licensee of persons known as "cappers"
or "steerers" or "solicitors," or other such persons to solicit, after a
death or while a death is impending, funeral directing or embalming
business constitutes a ground for disciplinary action.
7696 employment of persons to solicit bodies
Employment, directly or indirectly, of any apprentice, agent,
assistant, embalmer, employee or other person, on part or full time,
or on commission, for the purpose of calling upon individuals or
institutions by whose influence human remains may be turned over
to a particular funeral director or embalmer constitutes a ground for
7697 buying of business- commissions
The buying, after a death or while a death is impending, of
funeral directing and embalming business by the licensee, the
licensee's agents, assistants or employees, or the direct or indirect
payment, or offer of payment, of a commission by the licensee, the
licensee's agents, assistants or employees for the purpose of such
buying of business, constitutes a ground for disciplinary action.
7699 aiding, abetting unlicesned practitioner
Aiding or abetting an unlicensed person to practice funeral
directing or embalming constitutes a ground for disciplinary action.
7700 prohibition of profane langauge
Using profane, indecent, or obscene language in the course
of the preparation for burial, removal, or other disposition of, or
during the funeral service for, human remains, or within the
immediate hearing of the family or relatives of a deceased, whose
remains have not yet been interred or otherwise disposed of
constitutes a ground for disciplinary action.
7701, 7701.5 acceptance of kickbacks
Solicitation or acceptance by a licensee of any commission
or bonus or rebate in consideration of recommending or causing
human remains to be disposed of in any crematory, mausoleum or
cemetery constitutes a ground for disciplinary action.
7701.5. Solicitation or acceptance by a licensee of any commission
or bonus or rebate in consideration of recommending or causing
the purchase of flowers from any particular florist or dealer in
flowers, for use in connection with a funeral service, constitutes a
ground for disciplinary action.
7702 use of previously used caskets
Using any casket or part of a casket which has previously
been used as a receptacle for, or in connection with the burial or
other disposition of, human remains constitutes a ground for
disciplinary action; provided, however, this section shall not apply
to exterior casket hardware which is not sold to the purchaser, or
where same is reserved by contract.
7706 refusal to surrender dead body
Refusing to surrender promptly the custody of human
remains, the personal effects, and any certificate or permit required
under Division 102 (commencing with Section 102100) of the
Health and Safety Code that is in the possession or control of the
licensee upon the express order of the person lawfully entitled to
custody of the human remains constitutes a ground for disciplinary
7707 gross negligence
Gross negligence, gross incompetence or unprofessional
conduct in the practice of funeral directing or embalming constitutes
a ground for disciplinary action.
7716 paying money to secure business
Every funeral establishment, funeral director or embalmer, or
the agents or representatives thereof, who, after a death or while a
death is impending, pays, offers to pay or causes to be paid,
directly or indirectly, any sum of money or other valuable
consideration for the securing of business is guilty of a
7717, 7717.5 paying or offering money
Every person, who pays or causes to be paid or offers to pay
to any funeral establishment, funeral director or embalmer, or to the
agent, assistant or employee of either, any commission or bonus or
rebate or other thing of value in consideration of the funeral
establishment, funeral director or embalmer recommending or
causing human remains to be disposed of in any crematory,
mausoleum or cemetery, is guilty of a misdemeanor.
7717.5. Every person who pays or causes to be paid or offers to
pay to any funeral establishment, funeral director or embalmer, orto the agent, assistant or employee of either, any commission or
bonus or rebate or other thing of value in consideration of the
funeral establishment, funeral director or embalmer recommending
or causing the purchase of flowers from any particular florist or
dealer in flowers, for use in connection with a funeral service, is
guilty of a misdemeanor; provided, that this section shall not apply
to a funeral establishment or funeral director who owns or operates
a flower shop as a part of his, her or its funeral business, or to his,
her or its agents or employees.
7718 soliciting or accepting money
Every person who, after a death or while a death is
impending, solicits or accepts any sum of money or other valuable
consideration, directly or indirectly, from a funeral establishment,
funeral director or embalmer, his, her, or its agent or
representative, in order that the funeral establishment, funeral
director or embalmer might obtain business, is guilty of a
7718.5 unlicensed person as fd
Every person as an individual, as a partner in a
partnership or as an officer or employee of a corporation,
association or other organization, who, without a license, holds
himself or herself out as a funeral director, is guilty of a
7735 required holding in trust of money
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.
7737 deposit of securities in 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.
7737.3 commingled preneed trust funds
All commingled preneed trust funds held by a funeral
establishment shall be subject to an annual, independent certified
financial audit with a copy of the audit to be submitted to the
bureau for review within 120 days of the close of the fund's fiscal
year. Any findings of noncompliance with existing law regarding
preneed trust funds shall be identified by the auditor in a separate
report for review and action by the bureau. Audits
7737.5 deposit in federally insured association
A trustee may deposit the corpus of the trust in any
financial institution insured by the Federal Deposit Insurance
7737.7 trust corpus deposit in credit union
A trustee may deposit the corpus of the trust in any credit
union which is insured by the National Credit Union Share
7738 right of fd to deposit money for endowment care
A licensed funeral establishment that is also a licensed
cemetery authority shall not deposit any money or securities
received in connection with preneed funeral arrangements in a special endowment care fund as provided in Article 4 (commencing
with Section 8775) of Chapter 5 of Part 3 of Division 8 of the Health
and Safety Code, nor shall a licensed funeral establishment permit
the deposit of any money or securities received in connection with a
special endowment care fund into a preneed funeral trust fund.
Nothing in this section shall require the liquidation or conversion of
any lawful investment existing on December 31, 1981.
7741 inapplicability of article
Nothing in this article shall apply to cemetery property;
cemetery commodities; cemetery service; or merchandise that is
delivered as soon as paid for.
7745 copy of preneed agreement
Every funeral establishment shall present to the survivor of
the deceased who is handling the funeral arrangements or the
responsible party a copy of any preneed agreement which has
been signed and paid for in full, or in part by, or on behalf of the
deceased and is in the possession of the funeral establishment.
The copy may be presented in person, by certified mail, or by
facsimile transmission, as agreed upon by the survivor of the
deceased or the responsible party. A funeral establishment that
knowingly fails to present a preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine
equal to three times the cost of the preneed agreement, or one
thousand dollars ($1,000), whichever is greater.
5193 bloodborne pathogens
5194 hazard communicaton
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
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
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
(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.
1209 ambulance, hearses, and first call cars
All ambulances, hearses and first-call or pickup cars and the equipment
therein shall be kept clean and sanitary and free from deleterious odors at
all times. Such vehicles shall be cleansed with a suitable and effective
disinfectant, immediately after being used to transport human remains
dead of any contagious disease, or as soon thereafter as practical, so as
not to endanger the public health or safety.
1210 funeral establishment license
The certificate of licensure shall remain the property of the State of
California, in possession of the licensee only so long as he/she or it
exercises the license at the location specified in the license, and said
certificate shall be surrendered to the bureau upon change of address,
change of name, assignment or upon discontinuance of business at the
specified address. This rule shall not prevent a licensed funeral director
from conducting a funeral in another licensed establishment, nor shall it
prevent a licensed funeral director from conducting a funeral at a church,
cemetery, home, public hall, lodge room, or other suitable place.
1211 name of funeral establishment
(a) A funeral establishment shall include its name and license number,
exactly as shown by the bureau's records, and city or community where
located in all television and print advertisements, including but not limited
to telephone and other directory listings, television, newspaper and
(b) Each applicant for a funeral establishment license shall select one (1)
specific trade name under which the license is to be issued and held.
Such trade name may not include "also known as" ( "aka") designations, but must be a word or group of words combined to form one specific trade
(c) A funeral establishment shall not operate under a name utilizing an
"also known as" ( "aka") designation, or which bears two (2) or more
separate and distinct name styles.
1213 change of ownership
(a) Where there is a change in the corporate officers or the designated
managing licensed funeral director of a funeral establishment, such
change, including the names and titles of the new corporate officers or the
name of the new designated managing licensed funeral director, shall be
reported to the bureau, in writing, within ten (10) days of such change on
the form NC1 (12/93) prescribed by the bureau accompanied by the fee
fixed by this division.
(b) Any transfer, in a single transaction or in a related series of
transactions, of more than fifty percent (50%) of the equitable interest in
the ownership of a licensed funeral establishment shall constitute a
change of ownership and shall require assignment of the funeral
establishment license, subject to the provisions of Section 7630, Division
3, Chapter 12, Article 2 of the Business and Professions Code. Such
proposed change shall be reported to the bureau no later than thirty (30)
days prior to the effective date thereof, however, no public notice shall be
given by the bureau until after the effective date of the transaction.
1214 authorization for dispo with and without embalming
Except as otherwise provided in Health and Safety Code Section 7304,
human remains shall not be embalmed without the express authorization
of a person having the legal right to control disposition of the remains.
Such authorization shall be secured by use of the form prescribed by the
bureau, attached hereto as Exhibit 1, and made a part of this regulation.
The form shall be used in the exact form set forth below, without additions,
substitutions, or amendments.
1215 attire while embalming
Every person, while engaged in actually embalming human remains, shall
be attired in a clean and sanitary smock or gown covering the person from
neck to below the knees, and shall, while so engaged, wear impervious
gloves; and the body being embalmed shall at all times be so covered as
to insure the privacy of said body.
(a) All preparation, embalming or storage room shall, at all times, be kept
and maintained in a clean and sanitary condition.
(b) Every preparation, embalming or storage room shall be provided with
proper and convenient receptacles for refuse, bandages, cotton and other
waste materials and supplies. All such waste materials shall be disposed
of in accordance with State and local health and sanitation requirements
or in such a manner as not to endanger the public health and safety.
(c) All instruments, appliances and equipment used in the embalming or
other preparation and handling of human remains shall be thoroughly
cleansed and disinfected immediately at the conclusion of each individual
(d) All areas of a funeral establishment which are open to public use or
occupancy shall be kept and maintained in a clean and orderly condition
so as not to endanger the public health and safety.
1221 care and prep for burial
(a) The care and preparation for burial or other disposition of all human
remains shall be strictly private, and no one shall be allowed in the
embalming or storage room while human remains are being embalmed or
prepared for disposition, except the licensed funeral director and his or her
duly authorized officers and/or employees, licensed embalmers and their
duly registered apprentices, instructors of the science of embalming in
embalming schools or colleges duly accredited by the bureau and their students, and except public officials in the discharge of their duties;
provided, that this rule shall not apply to duly accredited nurses employed
in a case, nor to members of the immediate family of the deceased as
defined by section 7100 of the Health and Safety Code.
(b) All human remains being transferred into or out of a funeral
establishment or storage facility, except in a casket, shall be covered and
kept out of the public view, to the extent reasonably possible.
1222 embalming fluids
No embalming fluids shall be used in embalming which contain heavy
minerals or metallic substances which have a poisonous effect, such as
arsenic, lead and mercury.
1223 embalming prep and storage rooms
(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.
1229 embalming by an apprentice
a) An apprentice shall embalm or assist in embalming at least the first
twenty-five (25) of the one hundred (100) bodies required pursuant to
Section 7643(d), Article 3, Chapter 12, Division 3 of the Business and
Professions Code, only under the direct supervision and in the presence
of his or her designated supervising embalmer. (b) When an apprentice embalms a body out of the presence of the
embalmer under whom he or she is apprenticed, the death certificate shall
not be signed by such embalmer until he or she makes a personal
inspection, in the presence of the apprentice, of the body as embalmed
and passes thereon.
1255 posting rules
A placard upon which Section 1221 of these rules shall be printed must be
fastened to the outside of all doors leading directly into the preparation,
embalming, and storage rooms in every funeral establishment.
1258 notice regarding sealing devices
(a) There shall be prominently displayed in or on each casket having or
represented as having a sealing device of any kind, a notice, clearly
visible to the public, containing the following statement:
"THERE IS NO SCIENTIFIC OR OTHER EVIDENCE THAT ANY
CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN
The statement shall be printed in at least ten point, boldface type on a
card of no less than three inches by five inches in dimension and no other
notice, statement, price, information, picture or other printing, other than
borders or decorations, shall appear on the card. The print shall be in a
color that contrasts with the background on which it is printed. If the card
is folded in any manner, the section containing the statement shall be no
less than three inches by five inches in dimension and unfolded.
(b) In cases where caskets are displayed in or sold from catalogues, the
notice required in subsection (a) above shall appear on a page at the
beginning of any such catalogue containing such casket or caskets. The notice shall be in ten point boldface type or larger and no other notice,
statement, price, information, picture or other printing, other than borders
or decorations, shall appear on the page.
(c) The notice required in subsection (a) above shall also be placed in 8-
point boldface type or larger at the beginning of the written statement or
list which identifies a particular casket or caskets by price required by
Business and Professions Code section 7685.
1258.1 casket pricelist, tags display
(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.
1258.2 rental caskets
(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.
1261 exempt pre need arrangements
A pre-need arrangement, contract or plan subject to the provisions of
Business and Professions Code Division 3, Chapter 12, Article 9 (the
Short Act) does not include an arrangement wherein:
(a) The funeral establishment's client directly deposits his or her
own money in a bank or savings institution trust account in the
name of the client as trustee for the funeral establishment, provided
that, until death, the client retains the exclusive power to hold,
manage, pledge, and invest the funds in the account and may
revoke the tentative trust and withdraw the funds, in whole or in
part, at any time; and (b) There is no delivery whatsoever to the funeral establishment of
money to pay for the services or merchandise, until such services
or merchandise have been provided.
Delivery of money to a funeral establishment within the meaning of this
rule and Business and Professions Code Section 7735 includes direct or
indirect delivery to the funeral establishment, or to any of the funeral
establishment's agents or employees.
1262 delivery of merchandise
(a) Delivery of merchandise within the meaning of Business and
Professions Code Section 7741 shall mean actual personal delivery to a
purchaser, trustor or beneficiary of funeral merchandise that is used or is
intended to be used in connection with a preneed arrangement or any
agreement collateral thereto. Any payment or payments received for
funeral merchandise, where actual personal delivery of that merchandise
will be delayed, shall be held in a trust as provided in Business and
Professions Code, Division 3, Chapter 12, Article 9, until that merchandise
is actually and personally delivered to, and is in the immediate possession
of, the purchaser.
(b) Neither the delivery of a warehouse receipt, nor any other form of
constructive delivery shall constitute delivery of funeral merchandise within
the meaning of Section 7741.
(c) Funeral merchandise includes, but is not limited to, caskets, alternative
containers, clothing, printed materials and any other merchandise usually
sold by a funeral establishment for use in connection with the funeral or
preparation for disposition of human remains.
1264 termination of a trust
All written requests for revocation, by the trustor, of a trust shall be
honored within fifteen (15) days of receipt thereof.
1263 investment of funds allowable
The trust funds shall be invested and reinvested, and kept invested in:
(1) Bonds of or securities guaranteed by the United States or an
Agency thereof or this State, or of any County, City, or City and
County in this State.
(2) Bonds which are legal investments for commercial banks in this
(3) Certificates of deposit or other interest-bearing accounts in any
bank in this State insured by the Federal Deposit Insurance
Corporation. (4) Investment certificates or shares in any state or federally
chartered savings institution insured by the Federal Savings and
Loan Insurance Corporation.
(5) Investments of the type and in the manner as provided in
Section 15001 et. seq. of the Probate Code.
(b) No loan shall be made to any licensed funeral establishment; nor to
any owner, director, officer, partner or stockholder of any licensed funeral
establishment; or to trustees of the trust funds; or to partners, relatives,
agents, or employees of any licensed funeral establishment or of such
1265 use of income
The annual fee for administering a trust, as provided in Business and
Professions Code, Division 3, Chapter 12, Article 9, Section 7735, may be
recovered by withdrawals from current trust income, but total withdrawals
in any year shall not exceed four percent (4%) of the trust balance on
December 31 of that year, or on the cancellation or maturity date during
that year, of all payments deposited into trust, plus all prior years
accumulated income. Any remaining current income shall be accumulated
1267 keeping pre need books
Each funeral establishment charged with the reporting of pre-need funds
hereunder shall at all times maintain or cause the trustee of the pre-need
trust to maintain in California and available for inspection by the bureau
during reasonable working hours, complete financial records of all preneed
contracts and arrangements, which records shall be established and
maintained in accordance with generally accepted accounting principles.
Such records shall include the following, provided, however, that records
may otherwise be established and maintained in accordance with
generally accepted accounting principles:
1268 commingling of funds
No pre-need trust funds shall be mingled or commingled with the funds of
any other person, firm, or corporation; except that, for the purpose of
investment pursuant to Division 3, Chapter 12, Article 9 of the Business
and Professions Code and the provisions of this Article, all pre-need
funeral trust funds received and held by a single trustee or a single set of
trustees, may be commingled for investment purposes.
If the bureau finds that such funds have been invested in violation of this
Article, it shall, by written order mailed to the person or persons in charge
of such funds, require the reinvestment of such funds in conformity to this
Article within ninety (90) days from the date of such order; provided,
however, that such period may be extended by the bureau at its
discretion. In the enforcement of its order, the bureau is authorized to bring such
action as may be necessary to enforce the provisions of law subject to its
1269 reporting of preneed funeral trust funds
(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
(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.
1271 reporting of trustees
The reports provided for in Section 1269 of this Article shall state the
name and address of each of the trustees. Any change of trustees shall be
reported to the bureau within thirty (30) days after the effective date
thereof and shall be accompanied by the appropriate fee.
1274 inability to perform services
If, for any reason, a licensed funeral establishment or licensed funeral
director is unable to perform the funeral services prior to or upon the death
of the beneficiary of a pre-need trust agreement, then the trustees shall
pay all trust corpus and net income to the beneficiary, trustor or the legal representative of either the beneficiary or trustor without the imposition of
any revocation charge.
1275 Requirements of Preneed Trust Agreements.
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
(e) A sequential number which shall be continuous and in order of
(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
(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."
1276 Pre-Need Funds Affected
Nothing in this article shall require liquidation or transmutation of any
lawful pre-need funeral trust agreement existing prior to the effective date
of these regulations, but any pre-need funeral trust agreement as
described in said Article 9 entered into subsequent to July 1, 1977, and all
funds and the records and books of account thereof may be maintained
separately and apart from the records of any trust funds received by any
licensed funeral director prior to that date.
(a) Pre-need arrangements, contracts, or plans created or existing prior to
July 1, 1977, shall be subject to the provisions of Section 1265, Title 16 of
the California Code of Regulations, and shall operate in conformity with
the provisions of Section 1265, Title 16 of the California Code of
Regulations in the same manner and to the same extent as such
arrangements, contracts, and plans created thereafter.
(b) No licensed funeral establishment or licensed funeral director shall
service and/or purchase any contract made by any person who is not
operating in conformity with the provisions of Article 9, Chapter 12,
Division 3, of the California Business and Professions Code.
7051 unlawful removal of remains for sale
Every person who removes any part of any human remains
from any place where it has been interred, or from any place where
it is deposited while awaiting interment or cremation, with intent to
sell it or to dissect it, without authority of law, or written permission
of the person or persons having the right to control the remains
under Section 7100, or with malice or wantonness, has committed
a public offense that is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code.
This section shall not prohibit the removal of foreign materials,
pacemakers, or prostheses from cremated remains by an employee
of a licensed crematory prior to final processing of ashes. Dental
gold or silver, jewelry, or mementos, to the extent that they can be
identified, may be removed by the employee prior to final
processing if the equipment is such that it will not process these
materials. However, any dental gold and silver, jewelry, or
mementos that are removed shall be returned to the urn or
cremated remains container, unless otherwise directed by the
person or persons having the right
to control the disposition.
7051.5 unlawful removal of dental gold
Every person who removes or possesses dental gold or
silver, jewelry, or mementos from any human remains without
specific written permission of the person or persons having the right
to control those remains under Section 7100 is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code. The fact that residue and any unavoidable dental gold
or dental silver, or other precious metals remain in the cremation
chamber or other equipment or any container used in a prior
cremation is not a violation of this section.
7052 felony mutilation
(a) Every person who willfully mutilates, disinters, removes
from the place of interment, or commits an act of sexual penetration
on, or has sexual contact with, any remains known to be human,
without authority of law, is guilty of a felony. This section does
not apply to any person who, under authority of law, removes the
remains for reinterment, or performs a cremation.
(b) For purposes of this section, the following definitions apply:
(1) "Sexual penetration" means the unlawful penetration of
the vagina or anus, however slight, by any part of a person's
body or other object, or any act of sexual contact between
the sex organs of a person and the mouth or anus of a dead
body, or any oral copulation of a dead human body for the
purpose of sexual arousal, gratification, or abuse.
(2) "Sexual contact" means any willful touching by a
person of an intimate part of a dead human body for the
purpose of sexual arousal, gratification, or abuse.
7053 unlawful detention of remains
Every person who arrests, attaches, detains, or claims to
detain any human remains for any debt or demand, or upon any
pretended lien or charge, or fails to release any human remains,
the personal effects, or any certificate or permit required under
Division 102 (commencing with Section 102100) that is in his or her
possession or control forthwith upon the delivery of authorization
for the release signed by the next of kin or by any person entitled
to the custody of the remains, is guilty of a misdemeanor.
7054.7 control of dispo, cremate
(a) Except with the express written permission of the
person entitled to control the disposition of the remains, no person
(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
(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
(C) Disposal in a dedicated cemetery of residue
removed from a cremation chamber or other
(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
"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
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
(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
(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
(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
(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
7102 duty of inturment
When a person is charged by law with the duty of interment
he is entitled to the custody of the remains for the purpose of
interment or, with respect to cremated remains, for the purpose of
burial at sea in accordance with the provisions of this division;
except that in any case where a coroner is required by law to
investigate the cause of death, the coroner is entitled to the
custody of the remains of the person whose death is the subject of
investigation until the conclusion of the autopsy or medical
investigation by the coroner. Any person in whose possession such
remains are found, shall, upon demand by the coroner, surrender
such remains to him.
(a) When no provision is made by the decedent, or where
the estate is insufficient to provide for interment and the duty of
interment does not devolve upon any other person residing in the
state or if such person can not after reasonable diligence be found
within the state the person who has custody of the remains may
require the coroner of the county where the decedent resided at
time of death to take possession of the remains and the coroner
shall inter the remains in the manner provided for the interment of
(b) A county exercising jurisdiction over the death of an
individual pursuant to Section 27491, or who assumes jurisdiction
pursuant to Section 27491.55 of the Government Code, shall be
responsible for the disposition of the remains of that decedent. If
the decedent is an indigent, the costs associated with disposition of
the remains shall be borne by the county exercising jurisdiction.
Any person signing any authorization for the interment or
cremation of any remains warrants the truthfulness of any fact set
forth in the authorization, the identity of the person whose remains
are sought to be interred or cremated, and his or her authority to
order interment or cremation. He or she is personally liable for all
damage occasioned by or resulting from breach of such warranty
A cemetery authority or crematory may make an interment
or cremation of any remains upon the receipt of a written
authorization of a person representing himself or herself to be a
person having the right to control the disposition of the remains
pursuant to Section 7100.
A cemetery authority or crematory is not liable for cremating,
making an interment, or for other disposition of remains permitted
by law, pursuant to that authorization, unless it has actual notice
that the representation is untrue.