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 1.5 - Definitions and Regulation of Cemeteries › Section 7614.7.

7614.7. In any report to the bureau, all bonds, debentures, or other evidences of debt held by a cemetery corporation if amply secured and if not in default as to principal or interest may be valued as follows:
(a) If purchased at par at the par value.
(b) If purchased above or below par on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield the effective rate of interest on the basis at which the purchase was made.
(c) In such valuation, the purchase price shall in no case be taken at a higher figure than the actual market value at the time of purchase.
(Added by Stats. 2015, Ch. 395, Sec. 13. (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 1.5 - Definitions and Regulation of Cemeteries › Section 7614.8.

7614.8. Any security or other evidence of debt if in default as to principal or interest or if not amply secured shall not be valued as an asset of the endowment care fund above its market value.
(Added by Stats. 2015, Ch. 395, Sec. 13. (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 1.5 - Definitions and Regulation of Cemeteries › Section 7614.9.

7614.9. Notwithstanding any other law, every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or the responsible party a copy of any preneed agreement that has been signed and paid in full, or in part, by or on behalf of the deceased and is in the possession of the cemetery authority. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A cemetery authority who knowingly fails to present the preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater.
(Added by Stats. 2015, Ch. 395, Sec. 13. (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 2 - Funeral Establishments and Directors › Section 7615.

7615. A funeral director is a person engaged in or conducting, or holding himself or herself out as engaged in any of the following:
(a) Preparing for the transportation or burial or disposal, or directing and supervising for transportation or burial or disposal of human remains.
(b) Maintaining an establishment for the preparation for the transportation or disposition or for the care of human remains.
(c) Using, in connection with his or her name, the words “funeral director,” or “undertaker,” or “mortician,” or any other title implying that he or she is engaged as a funeral director.
(Amended by Stats. 1996, Ch. 1151, Sec. 1. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7616.

7616. (a) A licensed funeral establishment is a place of business conducted in a building or separate portion of a building having a specific street address or location and devoted exclusively to those activities as are incident, convenient, or related to the preparation and arrangements, financial and otherwise, for the funeral, transportation, burial or other disposition of human remains and including, but not limited to, either of the following:
(1) A suitable room for the storage of human remains.
(2) A preparation room equipped with a sanitary flooring and necessary drainage and ventilation and containing necessary instruments and supplies for the preparation, sanitation, or embalming of human remains for burial or transportation.
(b) Licensed funeral establishments under common ownership or by contractual agreement within close geographical proximity of each other shall be deemed to be in compliance with the requirements of paragraph (1) or (2) of subdivision (a) if at least one of the establishments has a room described in those paragraphs.
(c) Except as provided in Section 7609, and except accredited mortuary science programs engaged in teaching students the art of embalming, no person shall operate or maintain or hold himself or herself out as operating or maintaining any of the facilities specified in paragraph (2) of subdivision (a), unless he or she is licensed as a funeral director.
(d) Nothing in this section shall be construed to require a funeral establishment to conduct its business or financial transactions at the same location as its preparation or storage of human remains.
(e) Nothing in this chapter shall be deemed to render unlawful the conduct of any ambulance service from the same premises as those on which a licensed funeral establishment is conducted, including the maintenance in connection with the funeral establishment of garages for the ambulances and living quarters for ambulance drivers.
(Amended by Stats. 2009, Ch. 308, Sec. 86.5. (SB 819) 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 2 - Funeral Establishments and Directors › Section 7616.2.

7616.2. A licensed funeral establishment shall at all times employ a licensed funeral director to manage, direct, or control its business or profession. Notwithstanding any other provisions of this chapter, licensed funeral establishments within close geographical proximity of each other, may request the bureau to allow a licensed funeral director to manage, direct, or control the business or profession of more than one facility.
(Amended by Stats. 2000, Ch. 568, Sec. 103. 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 2 - Funeral Establishments and Directors › Section 7617.

7617. The business of a licensed funeral establishment shall be conducted and engaged in at a fixed place or facility.
No person, partnership, association, corporation, or other organization shall open or maintain a place or establishment at which to engage in or conduct, or hold himself or herself or itself out as engaging in or conducting, the business of a funeral establishment without a license.
(Amended by Stats. 1996, Ch. 1151, Sec. 4. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7617.1.

7617.1. The applicant for a funeral establishment license, or in the case the applicant is an association, partnership, or corporation, all officers of the corporation or association or all general partners of the partnership shall be at least 18 years of age and shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
(Amended by Stats. 2001, Ch. 305, Sec. 1. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7618.

7618. An application for a funeral director’s license shall be written on a form provided by the bureau, verified by the applicant, accompanied by the fee fixed by this chapter and filed at its Sacramento office.
(Amended by Stats. 2000, Ch. 568, Sec. 104. 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 2 - Funeral Establishments and Directors › Section 7619.

7619. The applicant for a funeral director’s license shall be at least 18 years of age, possess an associate of arts or science degree, or the equivalent, or a higher level of education as recognized by the Western Association of Colleges and Universities, or any other nationally recognized accrediting body of colleges and universities, and shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
(Amended by Stats. 1996, Ch. 1151, Sec. 6. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7619.3.

7619.3. No licensed funeral director shall engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a funeral director without being employed by, or without being a sole proprietor of, a licensed funeral establishment.
(Added by Stats. 1996, Ch. 1151, Sec. 7.5. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7622.

7622. Before an individual is granted a funeral director’s license, he or she shall successfully pass an examination upon the following subjects:
(a) The signs of death.
(b) The manner by which death may be determined.
(c) The laws governing the preparation, burial and disposal of human remains, and the shipment of bodies dying from infectious or contagious diseases.
(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.
(Amended by Stats. 1996, Ch. 1151, Sec. 9. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7622.2.

7622.2. A person shall not open or maintain a place or establishment at which to engage in or conduct, or hold himself, herself, or itself out as engaging in or conducting, the activities of a funeral director without a license.
(Amended by Stats. 2015, Ch. 395, Sec. 17. (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 2 - Funeral Establishments and Directors › Section 7622.5.

7622.5. An applicant for examination under Section 7622 shall pay the funeral director’s examination fee fixed by this chapter.
(Added by Stats. 1967, Ch. 1338.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7623.

7623. If an applicant for a funeral establishment license proposes to engage in or conduct more than one funeral establishment, the applicant shall make a separate application and procure a separate license for each separate establishment.
(Amended by Stats. 2001, Ch. 305, Sec. 2. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7624.

7624. Not more than one person, partnership, association, corporation, or other organization engaged in business as a funeral establishment shall transact business in one specific funeral facility.
(Amended by Stats. 1996, Ch. 1151, Sec. 12. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7625.

7625. Upon receipt of an application for a license, the bureau shall cause an investigation to be made of the physical status or plans and specifications of the proposed funeral establishment, and of the other qualifications required of the applicant under this chapter, and for this purpose may subpoena witnesses, administer oaths, and take testimony.
The bureau shall grant a license if it finds that the proposed funeral establishment is or will be constructed and equipped as required by this chapter and that the applicant is qualified in all other respects as required by this chapter.
(Amended by Stats. 2000, Ch. 568, Sec. 107. 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 2 - Funeral Establishments and Directors › Section 7626.

7626. The bureau shall examine and pass upon the qualifications of the applicant as to ability and experience before passing upon the physical status or plans and specifications of the proposed funeral establishment.
(Amended by Stats. 2000, Ch. 568, Sec. 108. 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 2 - Funeral Establishments and Directors › Section 7626.5.

7626.5. Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all of the powers granted therein.
(Amended by Stats. 2000, Ch. 568, Sec. 109. 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 2 - Funeral Establishments and Directors › Section 7627.

7627. Every application for a funeral director’s license under this article shall be granted or refused within ninety days from the date of the filing of the application or within thirty days after the close of the hearing upon the application, in case a hearing is held.
(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 2 - Funeral Establishments and Directors › Section 7628.

7628. Any person, partnership, association, corporation, or other organization desiring to change the location of a licensed funeral establishment shall apply therefor on forms furnished by the bureau and shall include a fee fixed by this chapter.
The application shall be granted by the bureau upon the filing with the bureau of a favorable report from an inspector concerning the physical status or plans and specifications of the proposed licensed funeral establishment to the effect that it conforms to the requirements of this article.
(Amended by Stats. 2000, Ch. 568, Sec. 110. 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 2 - Funeral Establishments and Directors › Section 7629.

7629. No funeral establishment shall be conducted or held forth as being conducted or advertised as being conducted under any name which might tend to mislead the public or which would be sufficiently like the name of any other licensed funeral establishment so as to constitute an unfair method of competition.
Any funeral director desiring to change the name appearing on his or her license may do so by applying to the bureau and paying the fee fixed by this chapter.
(Amended by Stats. 2009, Ch. 308, Sec. 87. (SB 819) 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 2 - Funeral Establishments and Directors › Section 7631.

7631. In case of the death of a licensed funeral director who leaves a funeral establishment as part or all of the assets of his or her estate, the bureau may issue a temporary license to his or her legal representative, unless the legal representative has committed acts or crimes constituting grounds for denial of licensure under Section 480. A temporary establishment license is valid for six months from the date of issue. However, upon the petition of the estate’s legal representative, the bureau, in its discretion, may grant a reasonable extension to allow for the assets of the estate to be distributed as circumstances warrant.
(Amended by Stats. 2003, Ch. 874, Sec. 22. 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 2 - Funeral Establishments and Directors › Section 7632.

7632. A funeral director shall cause all human remains embalmed in or at the direction of his or her funeral establishment to be embalmed by a licensed embalmer, by an apprentice embalmer under the supervision of his or her licensed supervising embalmer, or by a student in a program accredited by the American Board of Funeral Service Education under the supervision of a licensed embalmer.
(Amended by Stats. 2004, Ch. 531, Sec. 1. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7633.

7633. No funeral director shall charge a fee for filing a certificate of death or for providing copies thereof in excess of fees set by statute for filing and providing certified copies of such certificates.
(Added by Stats. 1972, Ch. 557.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7634.

7634. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 44. 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 2 - Funeral Establishments and Directors › Section 7635.

7635. (a) Any person employed by, or an agent of, a licensed funeral establishment, who consults with the family or representatives of a family of a deceased person for the purpose of arranging for services as set forth in subdivision (a) of Section 7615, shall receive documented training and instruction, at least once every three years, that results in a demonstrated knowledge of all applicable federal and state laws, rules, and regulations including those provisions dealing with vital statistics, the coroner, anatomical gifts, and other laws, rules, and regulations pertaining to the duties of a funeral director. A written outline of the training program, including documented evidence of the training time, place, and participants, shall be maintained in the funeral establishment and shall be available for inspection and comment by an inspector of the bureau.
(b) This section shall not apply to anyone who has successfully passed the funeral director’s examination pursuant to Section 7622.
(Amended by Stats. 2017, Ch. 429, Sec. 58. (SB 547) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2 - Funeral Establishments and Directors › Section 7636.

7636. (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the immediately preceding 10 years, revoked, suspended, placed on probation, or surrendered under a stipulated decision, and who is employed by, or who seeks employment with, a licensed funeral establishment in any capacity, shall inform the managing funeral director of that revocation, suspension, probation, or surrender.
(2) A person subject to this subdivision shall inform the managing funeral director upon application for employment by completing a form that shall be made available by the bureau.
(b) A managing funeral director who is informed pursuant to subdivision (a) shall notify the bureau by submitting the form within 30 days of so being informed. Failure of the managing funeral director to notify the bureau shall be a cause for a warning. A managing funeral director shall not be subject to a warning if his or her failure to notify the bureau is due to a false statement made by an employee.
(c) Any person required to notify the managing funeral director under subdivision (a) who fails to do so or who makes a false statement on the required form shall be subject to disciplinary action if that person is a licensee of the bureau, or that failure or false statement shall be cause for denial of a license under Section 480.
(d) For purposes of subdivision (a), the term “named on” applies to a person who was an owner, partner, or corporate officer of an entity that was licensed or registered under the act at the time that entity’s license or registration under the act was revoked, suspended, placed on probation, or surrendered.
(Added by Stats. 2008, Ch. 490, Sec. 1. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.5 - Cemetery Brokerage Regulations › Section 7637.

7637. This article does not apply to the following cases or to the following persons:
(a) A person acting with reference to an occasional sale of his or her own property.
(b) The regular officers of a cemetery corporation holding a certificate of authority acting with reference to the corporation’s property when they receive no special compensation therefor.
(c) Persons making an occasional sale under a duly executed power of attorney from others.
(d) The services rendered by an attorney at law in performing his or her duties in that capacity.
(e) A receiver, trustee in bankruptcy, any person acting under orders of any court, or a trustee selling under a deed of trust.
(f) A real estate broker or real estate salesperson, acting in that capacity in connection with the sale, lease, or exchange of real property, or interest therein, when the transfer of cemetery property is purely incidental to the sale, lease, or exchange of real property.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.1.

7637.1. A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery broker or cemetery salesperson in this state without first obtaining a license from the bureau.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.2.

7637.2. Any act other than an occasional sale of buying or selling, leasing, or exchanging cemetery property or interment services of or for another or on his or her own account, or offering for another or for his or her own account to buy or sell, lease, or exchange cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange of cemetery property or interment services, or negotiating the purchase or sale, lease, or exchange, or listing or soliciting, or negotiating a loan on or leasing of cemetery property or interment services constitutes the person making such offer, sale or purchase, lease, or exchange, or negotiating the loan, or listing or soliciting, a cemetery broker or cemetery salesperson.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.3.

7637.3. A person engaged in the business or acting in the capacity of a cemetery broker or a cemetery salesperson within this state shall not bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed cemetery broker or cemetery salesperson at the time the alleged cause of action arose.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.4.

7637.4. (a) A cemetery broker shall not employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is not a licensed cemetery broker, or a cemetery salesperson licensed under the cemetery broker employing or compensating him or her. A cemetery salesperson shall not be employed by or accept compensation from any person other than the cemetery broker under whom he or she is at the time licensed.
(b) A salesperson shall not pay any compensation for performing any of the acts within the scope of this article to any licensee except through the cemetery broker under whom he or she is at the time licensed.
(c) For a violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.5.

7637.5. (a) It is a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder, or otherwise, to pay or deliver to anyone a compensation for performing any of the acts within the scope of this article who is not known to be or who does not present evidence to such payer that he or she is a licensed cemetery broker at the time compensation is earned.
(b) For violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.6.

7637.6. Any person acting as a cemetery broker or cemetery salesperson without a license, or who advertises so as to indicate he or she is a cemetery broker without being so licensed, is guilty of a misdemeanor. If that person is a corporation, it shall be punished by a fine not to exceed five thousand dollars ($5,000).
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.7.

7637.7. (a) Any cemetery salesperson or cemetery broker who sells, causes to be sold, or offers for sale any cemetery property upon the promise, guarantee, or representation to the purchaser that the same may be resold or repurchased at a financial profit is guilty of a misdemeanor.
(b) For violation of any of the provisions of this section, the bureau may temporarily suspend or permanently revoke the license of the cemetery salesperson or cemetery broker in accordance with the provisions of this act relating to disciplinary proceedings.
(c) No violation of any of the provisions of this section by any cemetery salesperson or employee of any licensed cemetery broker shall cause the suspension or revocation of the license of the employer of the salesperson or employee unless it appears upon a hearing by the bureau that the employer had guilty knowledge of the violation.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.8.

7637.8. Every officer, agent, or employee of any company, and every other person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any cemetery or cemetery brokerage business and every person who, with knowledge that any advertisement, pamphlet, prospectus, or letter concerning any cemetery brokerage business or any written statement that is false or fraudulent, issues, circulates, publishes, or distributes the same, or causes it to be issued, circulated, published, or distributed, or who in any other respect willfully violates or fails, omits, or neglects to obey, observe, or comply with any order, permit, decision, demand, or requirement of the bureau under the provisions of this act relating to cemetery brokerage, is guilty of a misdemeanor, and, if a cemetery licensee, he or she shall be held to trial by the bureau for a suspension or revocation of his or her cemetery license, as provided in the provisions of this act relating to disciplinary proceedings.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.9.

7637.9. Each cemetery broker, other than a cemetery corporation holding a certificate of authority, and each cemetery salesperson shall include in any advertising a statement that he or she is acting as a cemetery broker or cemetery salesperson.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7637.10.

7637.10. For violation of any of the provisions of Section 7637.9, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in accordance with the provisions of this act relating to disciplinary proceedings.
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.5 - Cemetery Brokerage Regulations › Section 7638.

7638. Any person, other than a person making an occasional sale, who advertises cemetery property for sale or exchange, without being duly licensed as a cemetery broker or a cemetery salesperson, or without possessing a certificate of authority as a cemetery corporation, is guilty of a misdemeanor. If such person is a corporation, it shall be punished by a fine of not to exceed five thousand dollars ($5,000).
(Added by Stats. 2015, Ch. 395, Sec. 18. (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 2.7 - Hydrolysis Facilities › Section 7639.

7639. A corporation, partnership, or natural person may operate, establish, or maintain a hydrolysis facility with a valid hydrolysis facility license issued by the bureau.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.02.

7639.02. A change in the ownership of a hydrolysis facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a licensed hydrolysis facility shall constitute a change of ownership. When a change in ownership in a licensed hydrolysis facility occurs, the existing hydrolysis facility license shall lapse and the new owner shall obtain a license from the bureau as otherwise provided in this act. The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.04.

7639.04. The application for a hydrolysis facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fees.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.06.

7639.06. (a) The bureau shall require an applicant for a hydrolysis facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a hydrolysis facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant.
(b) The applicant for a hydrolysis facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, any permits required by the following, to the extent applicable:
(1) The local public health department.
(2) The city, county, special district, joint powers authority, or other public agency that provides wastewater treatment services where the licensed hydrolysis facility is to be located.
(3) The Department of Toxic Substances Control for the creation, collection, treatment, or transport of hazardous waste.
(4) Any other state or locally required permit.
(c) The applicant for a hydrolysis facility license shall prove to the bureau that it has the appropriate permits and contracts for the disposal of hydrolysate and which of the following models the facility will be using for the disposal:
(1) Discharge to the sewer collection system.
(2) Containment, collection, and transport to an appropriate treatment facility.
(d) When applying to renew a hydrolysis facility license, an applicant shall present to the bureau records of annual maintenance of the hydrolysis chamber.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.08.

7639.08. (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475).
(b) Hydrolysis chamber manufacturers may apply to the State Department of Public Health for approval of a hydrolysis chamber upon finding that the hydrolysis chamber causes the destruction of pathogenic micro-organisms pursuant to paragraph (3) of subdivision (a) of Section 118215 of the Health and Safety Code.
(c) In its approval, the State Department of Public Health shall specify the minimum parameters of pH, time, temperature, and pressure that shall be used by each hydrolysis chamber to destroy all pathogenic micro-organisms. The department may use the guidance of the hydrolysis chamber operations and maintenance manual and biologic indicator spore testing to determine this, among other factors.
(d) The hydrolysis chamber manufacturer shall pay to the State Department of Public Health, the application and evaluation fee as outlined in Section 118245 of the Health and Safety Code.
(e) Every five years, licensed hydrolysis facilities that discharge hydrolysate to a sewer collection system shall submit to the Department of Public Health the results of biological indicator spore testing as well as the last 30 days of archived electronic hydrolysis chamber data that includes the pH, time, temperature, and pressure at which the chamber was operated. Based upon this information, the department shall evaluate whether the chamber continues to destroy pathogens. The licensee shall include this evaluation in its application to renew its license. If the chamber is determined not to destroy pathogens, the bureau shall not renew its license until this has been remedied. The department may charge a fee sufficient to cover the actual hourly costs of staff conducting its five year review of the alternative technology.
(f) Once a hydrolysis chamber has been approved pursuant to subdivision (b), it may be employed by a licensed hydrolysis facility for the final disposition of human remains.
(g) The bureau shall grant hydrolysis facility licenses only to applicants that will employ a hydrolysis chamber approved by the State Department of Public Health pursuant to subdivision (b).
(h) A hydrolysis facility shall ensure or conduct annual maintenance of the hydrolysis chamber.
(i) The bureau shall not renew a hydrolysis facility license without proof of annual maintenance of the hydrolysis chamber.
(Amended by Stats. 2018, Ch. 92, Sec. 10. (SB 1289) Effective January 1, 2019. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.12.

7639.12. A licensed hydrolysis facility shall not prohibit relatives or the responsible party from viewing the hydrolysis process.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.16.

7639.16. It is a misdemeanor for any person, firm, or corporation to hydrolyze human remains, or to engage in the disposition of hydrolyzed human remains, without a valid, unexpired hydrolysis facility license. Each hydrolysis carried out in violation of this section is a separate violation.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.18.

7639.18. A licensed hydrolysis facility shall be subject to, and shall be disciplined by the bureau in accordance with, Article 6 (commencing with Section 7686).
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Section 7639.19.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 2.7 - Hydrolysis Facilities › Section 7639.19.

7639.19. This article shall become operative on July 1, 2020.
(Added by Stats. 2017, Ch. 846, Sec. 4. (AB 967) Effective January 1, 2018. Note: This section prescribes a delayed operative date for Article 2.7, commencing with Section 7639.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 3 - Embalmers › Section 7640.

7640. 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.
(Amended by Stats. 1998, Ch. 970, Sec. 46. 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 3 - Embalmers › Section 7641.

7641. It is unlawful for any person to embalm a body, or engage in, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the bureau. However, this section shall have no effect on students and instructors of embalming in mortuary science programs approved by the bureau.
(Amended by Stats. 2009, Ch. 307, Sec. 85. (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 3 - Embalmers › Section 7642.

7642. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 115. 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 3 - Embalmers › Section 7643.

7643. 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.
(Amended by Stats. 2009, Ch. 307, Sec. 86. (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 3 - Embalmers › Section 7646.

7646. (a) The bureau shall require the applicant to pass both of the following:
(1) The sciences section of the national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the bureau.
(2) An examination, administered by the bureau, on the state’s laws and the rules and regulations of the bureau, including those sections of the Health and Safety Code which pertain to the funeral industry.
(b) An applicant who has previously passed the sciences section of the national examination described in paragraph (1) of subdivision (a) shall be deemed to be in compliance with that paragraph.
(Amended by Stats. 2019, Ch. 375, Sec. 5. (SB 606) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 3 - Embalmers › Section 7647.

7647. Examinations shall be administered at times and places determined by the bureau and the International Conference of Funeral Service Examining Boards.
The bureau shall give notice of the time and place of the examination described in paragraph (2) of subdivision (a) of Section 7646.
(Amended by Stats. 2009, Ch. 307, Sec. 88. (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 3 - Embalmers › Section 7647.5.

7647.5. Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all of the powers granted therein.
(Amended by Stats. 2000, Ch. 568, Sec. 119. 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 3 - Embalmers › Section 7648.

7648. No embalmer’s license is assignable, and only the licensee may engage in the practice of embalming under the license.
(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 3 - Embalmers › Section 7649.

7649. 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.
(Amended by Stats. 2003, Ch. 874, Sec. 24. Effective January 1, 2004.)