reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4 - Apprentices › Section 7671.

7671. No person who is a duly registered apprentice or a student at an approved mortuary science program in California at the time of any amendment to this chapter raising the requirements for apprentice embalmers or license as an embalmer shall be required to comply with the provisions of that amendment.
(Amended by Stats. 2009, Ch. 307, Sec. 92. (SB 821) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.

7672. (a) A person shall not dispose of or offer to dispose of cremated human remains or hydrolyzed human remains unless registered as a cremated remains disposer by the bureau. This article shall not apply to a person, partnership, or corporation holding a certificate of authority as a cemetery, crematory license, hydrolysis facility license, cemetery broker’s license, cemetery salesperson’s license, or funeral director’s license, nor shall this article apply to a person having the right to control the disposition of the cremated remains or hydrolyzed human remains of a person or that person’s designee if the person does not dispose of, or offer to dispose of, more than 10 cremated human remains or hydrolyzed human remains within any calendar year.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 9. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 10 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.

7672. (a) A person shall not dispose of, or offer to dispose of, cremated, reduced, or hydrolyzed human remains unless registered as a cremated remains disposer by the bureau. This article does not apply to a person, partnership, or corporation holding a certificate of authority as a cemetery, crematory license, reduction facility, hydrolysis facility license, cemetery broker’s license, cemetery salesperson’s license, or funeral director’s license, nor shall this article apply to a person having the right to control the disposition of the cremated, reduced, or hydrolyzed human remains of a person or that person’s designee if the person does not dispose of, or offer to dispose of, more than 10 human remains within a calendar year.
(b) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 9) and added by Stats. 2022, Ch. 399, Sec. 10. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.1.

7672.1. (a) Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats that may be used in dispensing cremated human remains or hydrolyzed human remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee.
(b) Every registered cremated remains disposer who dispenses human remains by air shall post a copy of the person’s current pilot’s license, and the address of the cremated remains or hydrolyzed human remains storage area at their place of business. Every registered cremated remains disposer who dispenses human remains by boat shall post a copy of the person’s current boating license and the address of the cremated remains or hydrolyzed human remains storage area at their place of business.
(c) Commencing January 1, 2027, every registered cremated remains disposer who integrates reduced human remains into the soil shall post a copy of the address of the reduced human remains storage area at their place of business.
(Amended by Stats. 2022, Ch. 399, Sec. 11. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.2.

7672.2. (a) The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following information: details about the registration and renewal requirements for cremated remains disposers; requirements for obtaining state permits to dispose of cremated human remains or hydrolyzed human remains; state storage requirements, if any; statutory duties pursuant to this article, and other applicable state laws.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 12. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 13 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.2.

7672.2. (a) The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following information: details about the registration and renewal requirements for cremated remains disposers; requirements for obtaining state permits to dispose of cremated, reduced, or hydrolyzed human remains; state storage requirements, if any; statutory duties pursuant to this article, and other applicable state laws.
(b) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 12) and added by Stats. 2022, Ch. 399, Sec. 13. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.3.

7672.3. (a) All aircraft used for the scattering of cremated human remains or hydrolyzed human remains shall be validly certified by the Federal Aviation Administration. All boats or vessels used for the scattering of cremated human remains or hydrolyzed human remains shall be registered with the Department of Motor Vehicles or documented by a federal agency, as appropriate. The certification or registration shall be available for inspection by the bureau.
(b) This section shall become operative on July 1, 2020.
(Repealed (in Sec. 13) and added by Stats. 2017, Ch. 846, Sec. 14. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.4.

7672.4. (a) A cremated remains disposer who scatters cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be subject to disciplinary action.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 14. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 15 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.4.

7672.4. (a) A cremated remains disposer who scatters cremated human remains or hydrolyzed human remains or who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains or who scatters or integrates into the soil human remains in a manner not in accordance with those instructions shall be subject to disciplinary action.
(b) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 14) and added by Stats. 2022, Ch. 399, Sec. 15. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.5.

7672.5. Each cremated remains disposer shall provide the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code with a copy of the completed permit for disposition of human remains pursuant to Chapter 8 (commencing with Section 103050) of Part 1 of Division 102 of the Health and Safety Code within 30 days of the date of the scattering.
(Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.6.

7672.6. (a) Every cremated remains disposer shall do both of the following:
(1) Dispose of cremated remains or hydrolyzed human remains within 60 days of the receipt of those remains, unless a written signed reason for a delay is presented to the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code.
(2) Provide the bureau with the address and telephone number of any storage facility being used by the registrant to store cremated remains or hydrolyzed human remains. Cremated remains or hydrolyzed human remains shall be stored in a place free from exposure to the elements, and shall be responsibly maintained until disposal. The bureau and its representatives shall conduct, on an annual basis, random inspections of the operations of 5 to 10 percent of the registered cremated remains disposers, and is authorized to inspect any place used by a cremated remains disposer for the storage of cremated remains or hydrolyzed human remains without notice to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for disciplinary action.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 16. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 17 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.6.

7672.6. (a) Every cremated remains disposer shall do both of the following:
(1) Dispose of cremated, reduced, or hydrolyzed human remains within 60 days of the receipt of those remains, unless a written signed reason for a delay is presented to the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code.
(2) Provide the bureau with the address and telephone number of any storage facility being used by the registrant to store cremated, reduced, or hydrolyzed human remains. Cremated, reduced, or hydrolyzed human remains shall be stored in a place free from exposure to the elements, and shall be responsibly maintained until disposal. The bureau and its representatives shall conduct, on an annual basis, random inspections of the operations of 5 to 10 percent of the registered cremated remains disposers, and may inspect any place used by a cremated remains disposer for the storage of cremated, reduced, or hydrolyzed human remains without notice to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for disciplinary action.
(c) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 16) and added by Stats. 2022, Ch. 399, Sec. 17. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.7.

7672.7. (a) Each cremated remains disposer shall file, and thereafter maintain, an updated copy of, an annual report on a form prescribed by the bureau. The report shall include, but not be limited to, the names of the deceased persons whose cremated remains or hydrolyzed human remains were disposed of, the dates of receipt of the cremated remains or hydrolyzed human remains, the names and addresses of the persons who authorized disposal of those remains, the dates and locations of disposal of those remains, and the means and manner of disposition. The report shall cover the fiscal year ending on June 30 and shall be filed with the bureau no later than September 30 of each year.
(b) A cremated remains disposer that makes a willful and material false statement regarding the disposal of cremated remains or hydrolyzed human remains in the annual report filed or updated pursuant to subdivision (a) shall be subject to disciplinary action.
(c) A cremated remains disposer that makes a willful and material false statement in the annual report filed or updated pursuant to subdivision (a) shall be guilty of a misdemeanor.
(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 18. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 19 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.7.

7672.7. (a) Each cremated remains disposer shall file, and thereafter maintain, an updated copy of, an annual report on a form prescribed by the bureau. The report shall include, but not be limited to, the names of the deceased persons whose cremated, reduced, or hydrolyzed human remains were disposed of, the dates of receipt of the cremated, reduced, or hydrolyzed human remains, the names and addresses of the persons who authorized disposal of those remains, the dates and locations of disposal of those remains, and the means and manner of disposition. The report shall cover the fiscal year ending on June 30 and shall be filed with the bureau no later than September 30 of each year.
(b) A cremated remains disposer who makes a willful and material false statement regarding the disposal of cremated, reduced, or hydrolyzed human remains in the annual report filed or updated pursuant to subdivision (a) shall be subject to disciplinary action.
(c) A cremated remains disposer who makes a willful and material false statement in the annual report filed or updated pursuant to subdivision (a) shall be guilty of a misdemeanor.
(d) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 18) and added by Stats. 2022, Ch. 399, Sec. 19. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.8.

7672.8. All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall file an application for renewal on a form prescribed by the bureau accompanied by the required fee. A registration that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal fees. The bureau shall not renew the registration of any person who has not filed the required annual report until he or she has filed a complete annual report with the department.
(Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.9.

7672.9. If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the registration was issued, no renewal shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.
(Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7672.10.

7672.10. (a) A person who scatters cremated human remains or hydrolyzed human remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation.
(b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person integrated into the soil shall constitute a separate violation.
(Amended by Stats. 2022, Ch. 399, Sec. 20. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7673.

7673. (a) A person who scatters any cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be guilty of a misdemeanor.
(b) Commencing January 1, 2027, a person who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains, or who integrates reduced human remains into the soil in a manner not in accordance with those instructions shall be guilty of a misdemeanor.
(Amended by Stats. 2022, Ch. 399, Sec. 21. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7673.1.

7673.1. (a) A cremated remains disposer who stores cremated remains or hydrolyzed human remains in a reckless manner that results in either of the following is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment:
(1) Loss of all or part of the cremated remains or hydrolyzed human remains.
(2) Inability to individually identify the cremated remains or hydrolyzed human remains.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 22. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 23 of Stats. 2022, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7673.1.

7673.1. (a) A cremated remains disposer who stores cremated, reduced, or hydrolyzed human remains in a reckless manner that results in either of the following is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment:
(1) Loss of all or part of the human remains.
(2) Inability to individually identify the human remains.
(b) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 22) and added by Stats. 2022, Ch. 399, Sec. 23. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 4.5 - Cremated Remains Disposer › Section 7673.2.

7673.2. A cremated remains disposer shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). Any violation of this article shall also be grounds for disciplinary action.
(Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5 - Licenses › Section 7680.

7680. 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.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.

7685. (a) (1) Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, that may include the funeral director’s services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2) The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, before the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3) The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by an individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b) (1) Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishment’s general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2) Information posted pursuant to paragraph (1) shall be provided by a link from the Internet Web site homepage with a word or combination of words, including, but not limited to, “goods,” “merchandise,” “products,” or “services.”
(3) An establishment that posts on its Internet Web site homepage the words “price information” or a similar phrase that includes the word “price,” with a link that leads to the establishment’s general price list, need not comply with paragraphs (1) or (2).
(4) This subdivision shall not be construed to affect an establishment’s obligations under federal or state law effective before January 1, 2013.
(5) This subdivision shall become operative on January 1, 2013.
(Amended by Stats. 2016, Ch. 86, Sec. 13. (SB 1171) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.1.

7685.1. (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.
(Amended by Stats. 1992, Ch. 797, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.3.

7685.3. (a) The current address, telephone number, and name of the Department of Consumer Affairs, Cemetery and Funeral Bureau shall appear on the first page of any contract for goods and services offered by a licensee. At a minimum, the information shall be in 8-point boldface type and make this statement:
“FOR MORE INFORMATION ON FUNERAL, CEMETERY, CREMATION, AND HYDROLYSIS MATTERS, CONTACT: DEPARTMENT OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL BUREAU (ADDRESS), (TELEPHONE NUMBER).”
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 510, Sec. 88. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 89 of Stats. 2023, Ch. 510.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.3.

7685.3. (a) The current address, telephone number, and name of the Department of Consumer Affairs, Cemetery and Funeral Bureau shall appear on the first page of any contract for goods and services offered by a licensee. At a minimum, the information shall be in 8-point boldface type and make this statement:
“FOR MORE INFORMATION ON FUNERAL, CEMETERY, CREMATION, HYDROLYSIS, AND REDUCTION MATTERS, CONTACT: DEPARTMENT OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL BUREAU (ADDRESS), (TELEPHONE NUMBER).”
(b) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 88) and added by Stats. 2023, Ch. 510, Sec. 89. (SB 887) Effective January 1, 2024. Operative January 1, 2027, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.5.

7685.5. (a) The bureau shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for purposes of reproduction and distribution. The funeral and cemetery guide that is approved by the bureau, in consultation with the funeral and cemetery industries and any other interested parties, shall be made available in printed form and electronically through the Internet.
(b) A licensee shall prominently display and make available to any individual who, in person, inquires about funeral or cemetery purchases, a copy of the consumer guide for funeral and cemetery purchases, reproduced as specified in subdivision (a).
(c) Prior to the drafting of a contract for services, the licensee shall provide, for retention, the consumer with a copy of the consumer guide for funeral and cemetery purchases described in subdivisions (a) and (b).
(Amended by Stats. 2015, Ch. 395, Sec. 22. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 5.5 - Funeral Practices › Section 7685.6.

7685.6. (a) Every funeral establishment, prior to drafting any contract for funeral goods or services, shall present to the survivor of the deceased who is handling the funeral arrangements, or the responsible party, a statement disclosing whether or not the funeral establishment has any preneed agreement made by or on behalf of the deceased. If the funeral establishment has a preneed agreement made by or on behalf of the deceased, the statement shall also declare the establishment’s compliance with Section 7745. The disclosure statement shall be signed and dated by the representative of the funeral establishment and by the survivor or responsible party. The completed disclosure statement shall be retained by the funeral establishment for a period of time determined by the bureau, and a copy shall be given to the survivor or responsible party.
(b) The bureau shall develop a form, in consultation with the funeral industry and any other interested parties, that is separate and distinct from other forms, upon which the disclosure statement shall be made. The bureau shall make the form available to funeral establishments for purposes of reproduction and distribution, and the form shall also be available electronically through the Internet. The form shall be simple and easy to read and shall include all of the following:
(1) The definition of a preneed arrangement, adopted by the bureau by regulation.
(2) A statement of the funeral establishment’s responsibilities under Section 7745.
(3) Information about how the consumer may contact the bureau for more information or how to file a complaint against a licensee.
(c) A violation of this section constitutes grounds for disciplinary action.
(d) This section shall become operative July 1, 2002.
(Added by Stats. 2001, Ch. 715, Sec. 3. Effective January 1, 2002. Section operative July 1, 2002, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7686.

7686. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 133. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7686.5.

7686.5. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 134. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7687.

7687. Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.
(Amended by Stats. 2000, Ch. 568, Sec. 135. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7688.

7688. Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a cemetery licensee, cemetery owner, cemetery operator, or holder of a cemetery certificate of authority, the director may coordinate and assist with any investigation of or action or criminal proceedings against the cemetery licensee and its officers, agents, or employees that is conducted by another law enforcement entity.
(Added by Stats. 2021, Ch. 442, Sec. 4. (AB 651) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7690.

7690. 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.
(c) Probation.
(d) Suspension of the right to practice.
(e) Revocation of the right to practice.
(f) Such other penalties as the bureau deems fit.
(Amended by Stats. 2000, Ch. 568, Sec. 136. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7691.

7691. 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.
(Amended by Stats. 1978, Ch. 1161.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7692.

7692. Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action.
(Added by Stats. 1939, Ch. 39.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7692.5.

7692.5. 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.
(Added by Stats. 1953, Ch. 1383.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7693.

7693. False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.
(Amended by Stats. 1998, Ch. 970, Sec. 72. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7694.

7694. 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.
(Amended by Stats. 1941, Ch. 87.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7695.

7695. 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.
(Amended by Stats. 1941, Ch. 88.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7696.

7696. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 73. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7697.

7697. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 74. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7699.

7699. Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.
(Added by Stats. 1939, Ch. 39.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7700.

7700. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 75. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7701.

7701. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 76. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7701.5.

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.
(Added by Stats. 1953, Ch. 1240.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7702.

7702. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 77. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7703.

7703. Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary action.
(Amended by Stats. 1976, Ch. 961.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7704.

7704. Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of human remains constitutes a ground for disciplinary action.
(Amended by Stats. 1998, Ch. 970, Sec. 78. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7706.

7706. 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.
(Amended by Stats. 2003, Ch. 874, Sec. 25. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7707.

7707. Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.
(Amended by Stats. 1957, Ch. 652.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7708.

7708. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 137. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7709.

7709. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The bureau may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
(Amended by Stats. 2000, Ch. 568, Sec. 138. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.

7711. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 139. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 6 - Disciplinary Proceedings › Section 7711.1.

7711.1. Unprofessional conduct by any licensee or registrant or by any agent or employee of a licensee or registrant constitutes grounds for disciplinary action. Unprofessional conduct includes, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of this chapter and any regulation adopted thereunder, or of any federal or state law or regulation governing the disposition of human remains, operation of cemeteries or crematories, the sale of cemetery property, or the sale of crematory services or commodities.
(b) Negligence in performing any act related to the operation of a cemetery or crematory.
(Added by Stats. 2015, Ch. 395, Sec. 23. (AB 180) Effective January 1, 2016.)