California Embalmer's Exam - Complete
Everything needed for the exam: Embalming 18% Apprentices 18% Licenses 10% Administration 22% Disciplines 32%
Terms in this set (93)
B&PC 7634 Tissue Removal
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.
B&PC 7640 Embalmer Description
An embalmer is one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring
mutilated features; and who is duly licensed as an embalmer under the laws of the State of California.
B&PC 7641 Embalmer Licensure
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 embalming colleges approved by the bureau.
CCR 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.
CCR 1216 Sanitation (a) Prep Rooms
All preparation, embalming or storage room shall, at all times, be kept and maintained in a clean and sanitary condition.
CCR 1216 Sanitation (b) Receptacles and Waste Materials
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.
CCR 1216 Sanitation (c) Instruments
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 case.
CCR 1216 Sanitation (d) Areas Open to the Public
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.
CCR 1221 Care and Preparation 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 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 Board 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.
CCR 1221 Care and Preparation for Burial (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.
CCR 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.
CCR 1223 Embalming, Preparation, 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.
CCR 1223 Embalming, Preparation, and Storage Rooms (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.
CCR 1223 Embalming, Preparation, and Storage Rooms (c)
Every licensed funeral establishment and funeral director who holds unembalmed human remains for a period longer than 24 hours shall cause the body to be refrigerated at an approved facility with sufficient capacity as defined under section 1223.1(d).
CCR 1223 Embalming, Preparation, and Storage Rooms (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.
CCR 1223 Embalming, Preparation, and Storage Rooms (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.
CCR 1223.1 Shared Preparation and Storage Rooms (a)
A licensed funeral establishment may share a preparation and/or a storage room with other licensed funeral establishments, upon approval by the Board, under the following conditions:
the licensed funeral establishments are under common ownership or have a contractual agreement to share a preparation and/or storage room;
CCR 1223.1 Shared Preparation and Storage Rooms (b)
the common owners have designated one funeral establishment as the main office as defined in Section 1204(c)(2);
CCR 1223.1 Shared Preparation and Storage Rooms (c)
the remaining establishments or the establishments using the facilities of the main office are within a 60 mile radius of the main office;
CCR 1223.1 Shared Preparation and Storage Rooms (d)
the licensed funeral establishment in which the common storage room is located has designated a separate labeled area within the storage room for each of the establishments using its facilities and has sufficient capacity to accommodate each licensee using the space;
CCR 1223.1 Shared Preparation and Storage Rooms (e)
An identification and labeling system shall be in place to effectively identify the human remains being prepared and/or stored in the facilities;
CCR 1223.1 Shared Preparation and Storage Rooms (f)
The facilities meet the requirements as specified in Section 7616 of the Business and Professions Code and have passed inspection by the Board to determine its suitability for shared purposes;
CCR 1223.1 Shared Preparation and Storage Rooms (g)
A licensed funeral establishment requesting permission from the Board to share their preparation and/or storage room, must make a request, in writing, on a form 21F-12 (4/93) provided by the Board. An inspection will then be scheduled and completed to ensure that the above mentioned conditions have been met before the establishment can begin sharing its facilities.
CCR 1209 Ambulances, hearses, and first-call or pickup 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.
H&SC 7355 Preparation and Casket (a)
Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a common carrier unless the body has been embalmed and prepared by a licensed embalmer and placed in a sound casket and enclosed in a transportation case.
H&SC 7355 Preparation and Casket (b)
A dead body, which cannot be embalmed or is in a state of decomposition, shall be received for transportation by a common carrier if the body is placed in an airtight metal casket enclosed in
a strong transportation case or in a sound casket enclosed in an airtight metal or metal-lined transportation case.
H&SC 7180 Determination of Death (a) 1 & 2
An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
H&SC 7180 Determination of Death (b)
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
H&SC 7180 Determination of Death (c)
This article may be cited as the Uniform Determination of Death Act.
H&SC 7181 Independent Confirmation
When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician.
B&PC Section 7686...Authority to suspend or revoke license.
The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all the powers granted therein.
B&PC Section 7686.5....Accusation requirements
All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in such case shall not be deemed to have accrued until discovery, by the bureau, of the facts constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within three years after such discovery.
B&PC Section 7687....Authority to investigate complaint.
Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.
B&PC Section 7690...Disciplinary penalties
The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action. Any of the following penalties may be imposed by the bureau:
(a) Suspension of the disciplinary order.
(b) Reproval, public or private.
(d) Suspension of the right to practice.
(e) Revocation of the right to practice.
(f) Such other penalties as the bureau deems fit.
B&PC Section 7691....Conviction of a crime
Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction.
B&PC Section 7693...False advertising
False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.
B&PC Section 7708....Application denials
The bureau, after a hearing, may deny the application of a funeral establishment, funeral director, embalmer, or apprentice embalmer on proof that the applicant has committed acts or crimes constituting grounds for denial of licensure under Section 480. The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction.
B&PC Section 7711....Reinstatement authority
When a funeral establishment, funeral director or embalmer has had his, or her, or its license suspended, canceled, or revoked by the bureau, the bureau, upon written application by the licensee affected, upon not less than 10 days' notice to all parties of record in the particular case, and after hearing all evidence offered in support of and in opposition to that application, may, in its discretion, and upon those terms as it may deem just, reinstate the applicant.
B&PC Section 7700...Inappropriate language
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.
B&PC Section 7702...Reused casket
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.
B&PC Section 7707...Gross negligence or incompetence
Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.
B&PC Section 7692....Misrepresentation or 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
B&PC Section 7692.5....False statement of law
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 wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary action.
B&PC Section 7693...False advertising
False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.
B&PC Section 7699....Aiding or abetting unlicensed person
Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.
B&PC Section 7694...Solicitation at death
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 general advertising.
B&PC Section 7695...Employment of 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.
B&PC Section 7696...Employment of solicitors
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 disciplinary action.
B&PC Section 7697...Buying business by licensee
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.
B&PC Section 7716...Securing of 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 misdemeanor.
B&PC Section 7717....Securing of disposition business
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.
B&PC Section 7717.5....Securing of flower business
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 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.
B&PC Section 7718....Securing of embalmer business
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 misdemeanor.
B&PC Section 7719....Misdemeanor penalties
Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
H&SC Section 7051...Removal of human remains
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.
H&SC Section 7051.5....Removal of valuables
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.
H&SC Section 7052....Misuse of human remaining
(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.
H&SC Section 7208....Unlawful disposition
Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who violates any provision of this chapter is guilty of a misdemeanor.
B&PC Section 7607...Authority to inspect
The bureau may inspect the premises in which the business of a funeral director is conducted, where embalming is practiced, or where human remains are stored.
B&PC Section 7616 (a)(2)...Facilites description
(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.
CCR Section 1258... (a)(f)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.
(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.
B&PC Section 7648...License to practice
No embalmer's license is assignable, and only the licensee may engage in the practice of embalming under the license.
B&PC Section 7649...Certificate signature
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.
B&PC Section 7706...Refusal to surrender
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 action.
H&SC Section 7300...Unknown cause of death
No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner.
H&SC Section 7301....Death involving crime
No embalmer shall embalm a dead human body when he has information reasonably indicating crime in connection with the death until permission of the coroner has been obtained.
H&SC Section 7302...Contagious case
Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be called.
H&SC Section 7303...Death in motor vehicle
No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, until permission of the coroner, his appointed deputy coroner, or a judge in the county, if there is no coroner, has been obtained.
H&SC Section 7304...Permission by controller of disposition
No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of the remains pursuant to Section 7100, except that prior authorization is not required if embalming is necessary in order to comply with applicable laws or regulations, or is necessary to avoid irreparable deterioration of the dead body, in which case, a good faith effort shall be made to obtain permission.
H&SC Section 102825....Signature authorization
The physician and surgeon last in attendance, or in the case of a patient in a skilled nursing or intermediate care facility at the time of death, the physician and surgeon last in attendance or a licensed physician assistant under the supervision of the physician and surgeon last in attendance, on a deceased person shall state on the certificate of death the disease or condition directly leading to death, antecedent causes, other significant conditions contributing to death and any other medical and health section data as may be required on the certificate; he or she shall also specify the time in attendance, the time he or she last saw the deceased person alive, and the hour and day on which death occurred, except in deaths required to be investigated by the coroner. The physician and surgeon or physician assistant shall specifically indicate the existence of any cancer as defined in subdivision (e) of Section 103885, of which the physician and surgeon or physician assistant has actual knowledge. A physician and surgeon may designate, one or more other physicians and surgeons who have access to the physician and surgeon' s records, to act as agent for the physician and surgeon for purposes of the performance of his or her duties under this section, provided that any person so designated acts in consultation with the physician and surgeon.
H&SC Section 102875(6)....Signature on certificate
The certificate of death shall be ...
(6) Disposition of body information including signature and license number of embalmer if body embalmed or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other provision of law to the contrary, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
CCR Section 1214...Authorization for disposition 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 Board,
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.
B&PC Section 7680...Displaying License
Display 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.
CCR Section 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.
B&PC Section 7642...Application form
An application for an embalmer's license shall be written on a form provided by the bureau, verified by the applicant, and accompanied by the fee fixed by this chapter.
B&PC Section 7643...Embalmer prerequisites
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.
B&PC Section 7725....License renewal
A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter. The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable.
B&PC Section 7725.2...License expiration.
Except as otherwise provided in this article, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 7725 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. If a license is not renewed within one year following its expiration, the bureau may require as a condition of renewal that the holder of the license pass an examination on the appropriate subjects provided by this chapter.
B&PC Section 7725.3...License suspension
A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
B&PC Section 7725.4...License revocation
A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.
B&PC Section 7725.5...Non-renewal
A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the expired license may obtain a new license only if the holder pays all of the fees, and meets all of the requirements, other than requirements relating to education, set forth in this chapter for obtaining an original license, except that the bureau may issue a new license to the holder without examination if the holder establishes to the bureau's satisfaction that, with due regard for the public interest, the holder is qualified to engage in the activity in which the holder again seeks to be licensed. The bureau may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without examination under this section. The provisions of this section do not apply to certificates of apprenticeship.
CCR 1203...Filling of addresses
Each person holding a certificate of registration, license, permit or any
other authority to practice or engage in any activity in the State of
California under any and all laws administered by the State Board of
Funeral Directors and Embalmers shall file his proper and current mailing
address with the Board at its office in Sacramento and shall immediately
notify the Board at its said office of any and all changes of mailing
address, giving both his old and his new address.
B&PC section 7660..Apprentice description
An apprentice embalmer is a person engaged in the study of embalming under the instruction and supervision of a licensed embalmer who has had at least two years' practical experience as a California licensed embalmer.
B&PC section 7661...Apprentice application
An application for registration as an embalmer's apprentice shall be made upon a form provided by the bureau, verified by the applicant and accompanied by the fee fixed by this chapter.
B&PC section 7662...Apprentice prerequisites
In order to qualify as an apprentice embalmer, an applicant shall comply with all of the following requirements:
(a) Be over 18 years of age.
(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
(c) Do one of the following:
(1) Furnish proof showing completion of a high school course.
(2) Furnish the bureau with evidence that he or she has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and that the license has never been suspended or revoked for unethical conduct.
(3) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent.
B&PC section 7664...Certificates of apprenticship
Certificates of apprenticeship issued pursuant to this article shall expire when the holder has been issued a license as an embalmer, or six years from the date of registration, whichever first occurs. The certificates may not be renewed, but an apprentice embalmer who has not completed his or her term of apprenticeship at the time his or her certificate expires may apply for reregistration upon compliance with Section 7661. The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but no reregistration shall have the effect of continuing the term of apprenticeship beyond the period specified in Section 7666.
B&PC section 7665...Apprentice requirement
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.
B&PC section 7666...Terms of apprenticeship
(a) The term of apprenticeship shall be two years. However, if an apprentice after having served his or her apprenticeship fails to pass the examinations required for an embalmer's license, he or she may continue for one additional term of apprenticeship, which shall be the maximum apprenticeship permitted and provided further that an apprentice may, upon filing an application therefor, be permitted to continue the apprenticeship for a period not to exceed six months, if approved, for any of the following reasons:
(1) While awaiting the processing of applications submitted to the bureau.
(2) While awaiting notification of grades of examinations required under Section 7646.
(3) While awaiting the commencement of a class of a mortuary science program when the apprentice intends to enroll in the program. Applications filed for an extension of apprenticeship shall be filed by the applicant with the bureau not fewer than 15 days prior to the date the applicant requests the extension to commence.
(b) Terms of apprenticeship may be served before, after, or divided by the mortuary science program at the option of the apprentice; provided, however, that the term of apprenticeship must be completed, excluding time spent in active military service, within six years from the date of original registration, or from the date an apprentice successfully passes the examinations for an embalmer's license required in Section 7646, whichever first occurs, and provided further that if the term of apprenticeship is not completed within the six-year period, the bureau may require that the applicant serve the additional term of apprenticeship, not to exceed two years.
(c) A student attending a mortuary science program may register as an apprentice during the program term but shall receive no credit for apprenticeship on the term required by this code unless he or she is also a full-time employee of a funeral director.
(d) An apprentice while serving his or her required term of apprenticeship shall be a full-time employee in the funeral establishment in which he or she is employed.
B&PC section 7667...Apprenticeship leaves of 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 bureau.
(e) Upon termination of a leave of absence, the apprentice shall report that fact to the bureau within 10 days of his or her resumption of apprenticeship by returning to the bureau, his or her certificate of registration accompanied by a statement as to the resumption of apprenticeship which statement shall be certified as correct by the funeral director in whose establishment he or she is to resume his or her duties and by the embalmer under whose supervision he or she is to resume his or her apprenticeship.
(f) Failure to report within 10 days after the expiration date of any leave of absence shall be cause for cancellation of the registration of an apprentice.
B&PC section 7668...Revocation of certificate
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.
B&PC section 7669...Apprentice reregistration
An apprentice who has had his or her certificate of apprenticeship suspended or revoked may, within one year after the suspension or revocation apply for reregistration upon compliance with the law in effect at the time he or she so applies and payment of the apprentice application fee fixed by this chapter. No reregistration shall have the effect of continuing an apprenticeship beyond the period specified in Section 7666. The bureau may, when the circumstances warrant, allow an apprentice credit under a reregistration for the time actually served under a previous registration, but if the previous registration has been suspended or revoked for unprofessional conduct, not more than 75 percent of the time previously served shall be credited on the reregistration.
B&PC section 7670...Apprenticeship funeral establishment
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.
CCR 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.