reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.35.

7151.35. (a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient’s physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.
(b) Subdivision (a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following:
(1) The referral from a primary care provider to a specialist.
(2) The referral from a specialist to a transplant center.
(3) The evaluation of the patient for the transplant by the transplant center.
(4) The consideration of the patient for placement on the official waiting list.
(c) A person with a physical or mental disability shall not be required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance.
(d) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section.
(e) This section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
(f) As used in this section “disabilities” has the same meaning as used in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq., P.L. 101-336).
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.36.

7151.36. (a) A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 11362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient, as defined in Section 11362.7, except to the extent that the qualified patient’s use of medical marijuana has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.
(b) Subdivision (a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following:
(1) The referral from a primary care provider to a specialist.
(2) The referral from a specialist to a transplant center.
(3) The evaluation of the patient for the transplant by the transplant center.
(4) The consideration of the patient for placement on the official waiting list.
(c) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section.
(d) This section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
(Added by Stats. 2015, Ch. 51, Sec. 1. (AB 258) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Uniform Anatomical Gift Act › Section 7151.40.

7151.40. (a) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician and surgeon.
(b) Following the final disposition of the remains of the donor, upon request of a person specified in Section 7100, the donee shall return the cremated remains of the donor at no cost to the person specified in Section 7100, unless the donor has previously designated otherwise in the document of gift. A person who knowingly returns the cremated remains of a person other than the donor to a person specified in Section 7100 shall be punished by imprisonment in the county jail for not more than one year.
(c) Residual anatomical materials and human remains donated to hospitals, organ procurement organizations, accredited medical schools, dental schools, colleges, or universities for educational, research, transplantation, or therapeutic use that are no longer useful or needed for those purposes, may be disposed of by those entities through cremation, in the same manner as medical waste, and without additional burial permit requirements if the donor has specifically waived subdivision (b) of Section 7151.40.
(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.55 - Organ and Tissue Donation Information and Procedures › Section 7158.

7158. (a)  The Controller shall prepare, or cause to be prepared, an organ donor information brochure for insertion in all payroll warrants issued by the Controller for the March 1999 pay period, and for every March pay period thereafter, in recognition of National Organ and Tissue Awareness Week, which occurs in April of each year.
(b)  In lieu of developing an organ donor brochure pursuant to subdivision (a), the Controller may use a brochure developed by a regional organ donor organization. The Controller shall screen for appropriateness for wide distribution.
(Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.55 - Organ and Tissue Donation Information and Procedures › Section 7158.1.

7158.1. (a)  As a part of its ongoing audit and review process, the Licensing and Certification Division of the State Department of Health Services shall audit for the existence of organ and tissue procurement procedures for all inpatient hospital facilities. The audit shall include a determination of whether these procedures are in place in the facility, whether the procedures are operational and functioning, and whether the procedures are being used. The department shall not be required to audit for the effectiveness of the procedures. No additional audits shall be required for purposes of this section. Instead, the department shall add an organ and tissue audit element to its regular ongoing audits of inpatient facilities.
(b)  For purposes of this chapter, “organ and tissue procurement procedures” shall include protocols required to be developed pursuant to Section 7184. The audit criteria shall, at a minimum, include all of the following:
(1)  That the protocols have been developed.
(2)  That the protocols are operational.
(3)  That notification requirements to next of kin or other individuals as set forth in Section 7151 and to organ procurement organizations are within a timeframe that is consistent with the maintenance of the organs for the purpose of transplantation.
(c)  The absence of any of the required organ and tissue procurement procedures at any facility shall be noted by the division, and included in a written audit report or site review summary. In the event that an audit or facility review is conducted in conjunction with review by a national accreditation agency, and that agency prepares a report, the department shall request that the information required by this section with respect to organ and tissue procurement procedures be included in the report prepared by the national accreditation agency. In this event, the department shall not be required to prepare a separate report.
(Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.55 - Organ and Tissue Donation Information and Procedures › Section 7158.2.

7158.2. Every health care service plan contract that is issued, amended, delivered, or renewed on or after July 1, 1999, shall provide, upon enrollment and annually thereafter, a notice to subscribers in the evidence of coverage, health plan newsletter, or any direct plan communication to subscribers, information regarding organ donation options. This notice shall inform subscribers of the societal benefits of organ donations and the method whereby they may elect to be an organ or tissue donor.
(Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.56 - Altruistic Living Donor Registry Act › Section 7152.

7152. This chapter shall be known, and may be cited, as the Altruistic Living Donor Registry Act of 2010.
(Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.56 - Altruistic Living Donor Registry Act › Section 7152.1.

7152.1. (a) The Legislature finds and declares all of the following:
(1) More than 20,000 Californians are currently waiting for a lifesaving organ transplant, and over 17,000 of those individuals are waiting for a kidney transplant. Based on the current trend in organ donations, one in three of those waiting for a transplant will die. In 2009, 5,874 Americans died while waiting for a transplant.
(2) On a national level, the number of organ donors increased by 3 percent from the years 2008 to 2009, while the number of organ donors in California decreased by 2 percent during this same time period. In 2009, there were only 798 cadaveric donors and 734 living donors in California.
(3) A decrease in organ donors results in longer stays on the national organ transplant waiting list and, consequently, more deaths among those patients who are waiting.
(4) The national organ transplant waiting list, which is maintained by the United Network for Organ Sharing, is growing at the rate of approximately 40,000 persons per year. A name is added to this national database every 13 minutes.
(5) Since 2005, more than six million Californians have registered to donate their organs and tissue upon death.
(6) However, no registry exists in California for those individuals who wish to be an altruistic living organ donor.
(b) The use of anatomical gifts, and the donation of organs for the purpose of transplantation, are of great value to the citizens of California and may save or prolong the life, or improve the health of, extremely ill and dying individuals.
(c) It is the intent of the Legislature to increase the number of individuals who identify themselves as potential organ donors. It is further the intent of the Legislature to establish a statewide Altruistic Living Donor Registry to expedite the match between organ donors and recipients and to encourage charitable contributions to support the registry.
(Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.56 - Altruistic Living Donor Registry Act › Section 7152.2.

7152.2. (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby authorized to establish a not-for-profit entity that shall be designated the Altruistic Living Donor Registrar, which shall establish and maintain the Altruistic Living Donor Registry. The registry shall contain information regarding persons who have identified themselves as altruistic living kidney donors. The donor registry shall be designed to promote and assist live kidney donations, including donor chains, paired exchanges, and nondirected donations. The registrar shall be responsible for developing methods to increase the number of donors who enroll in the registry.
(b) The registrar shall make available to the federally designated organ procurement organizations (OPOs) and transplant centers in California information contained in the registry regarding potential altruistic living donors. This information shall be used to expedite a match between identified organ donors and potential recipients.
(c) The registrar may receive voluntary contributions to support the registry and its activities.
(d) The registrar shall collect and make all of the following information relating to altruistic kidney donations available to the public:
(1) The number of donors on the registry.
(2) The changes in the number of donors on the registry.
(3) The general characteristics of donors.
(e) The registrar may also authorize the registry to include persons who identify themselves as altruistic living donors of organs and tissue other than kidneys to be added to the registry, upon a finding by the Federal Centers for Medicare and Medicaid Services and the United Network for Organ Sharing that the donation is generally regarded as safe and without a significant risk of complications, and would not adversely affect the health of the donor. Upon a finding pursuant to this subdivision, the registrar shall notify the appropriate policy committees of the Legislature.
(Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.6 - Organ Transplants › Section 7160.

7160. (a)  The State Department of Health Services shall consult with the Legislature on or before December 31, 1991, to evaluate and make recommendations to improve the effectiveness of organ transplantation for the general public and in minority communities and low-income communities in California.
Data to be considered may include, but not be limited to:
(1)  The number of persons waiting for organ transplants.
(2)  The number of available organ donors.
(3)  The number of hospitals performing transplants and type of transplants.
(4)  The percentage of medically insured transplant recipients.
(5)  The percentage of Medi-Cal funded transplant recipients.
(6)  The waiting time for transplantation.
(7)  Factors used to determine eligibility for organ transplantation.
(8)  Referral rates of patients to transplant centers.
(9)  The number of persons accepted by transplant centers.
(10)  The cost of recovery, processing, and distribution of the donated organs.
(11)  The cost of transplantation operations.
(12)  The financial impact of an organ donation upon the donor and the donor’s family.
(13)  Survival rates of patients receiving organ transplants.
(14)  Hospital compliance with Section 7184.
(b)  In compiling data, the department may utilize various sources, including, but not limited to, the local organ procurement organizations, the United Network for Organ Sharing, and the Association of Organ Procurement Organizations.
(Added by Stats. 1990, Ch. 1507, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.7 - Death › ARTICLE 1 - Uniform Determination of Death Act › Section 7180.

7180. (a)  An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
(b)  This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
(c)  This article may be cited as the Uniform Determination of Death Act.
(Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.7 - Death › ARTICLE 2 - Confirmation of Death › Section 7181.

7181. When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician.
(Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.7 - Death › ARTICLE 2 - Confirmation of Death › Section 7182.

7182. When a part of the donor is used for direct transplantation pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150)) and the death of the donor is determined by determining that the individual has suffered an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be an independent confirmation of the death by another physician. Neither the physician making the determination of death under Section 7155.5 nor the physician making the independent confirmation shall participate in the procedures for removing or transplanting a part.
(Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.7 - Death › ARTICLE 2 - Confirmation of Death › Section 7183.

7183. Complete patient medical records required of a health facility pursuant to regulations adopted by the department in accordance with Section 1275 shall be kept, maintained, and preserved with respect to the requirements of this chapter when an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem.
(Added by Stats. 1982, Ch. 810, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.7 - Death › ARTICLE 2 - Confirmation of Death › Section 7184.

7184. (a)  Each general acute care hospital shall develop a protocol for identifying potential organ and tissue donors. The protocol shall require that any deceased individual’s next of kin or other individual, as set forth in Section 7151, at or near the time of notification of death be asked whether the deceased was an organ donor or if the family is a donor family. If not, the family shall be informed of the option to donate organs and tissues pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7. With the approval of the designated next of kin or other individual, as set forth in Section 7151, the hospital shall then notify an organ and tissue procurement organization and cooperate in the procurement of the anatomical gift or gifts. The protocol shall encourage reasonable discretion and sensitivity to the family circumstances in all discussions regarding donations of tissue or organs. The protocol may take into account the deceased individual’s religious beliefs or obvious nonsuitability for organ and tissue donation. In the event an organ and tissue procurement organization does not exist in a region, the hospital shall contact an organ or a tissue procurement organization, as appropriate. Laws pertaining to notification of the coroner shall be complied with in all cases of reportable deaths.
(b)  A general acute care hospital shall comply with subdivision (a) or (c) as a condition of participation in the Medi-Cal program contained in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(c)  Notwithstanding subdivision (a), the protocol may alternately provide for the hospital to contact an organ and tissue procurement organization at the time a potential organ and tissue donor is identified, and for the trained personnel of the organ and tissue procurement organization to make the inquiries described in subdivision (a) of the deceased individual’s next of kin or other individual as set forth in Section 7151.
(Amended by Stats. 1992, Ch. 583, Sec. 4. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7200.

7200. Every head of a public institution, city or county undertaker, or state, county, or city officer having charge or control of remains to be interred at public expense shall use due diligence to notify the relatives of the decedent. In the absence of any known relative of the decedent desiring to direct the disposition of the remains in a manner other than provided in this chapter, and upon written request of the state department that these notices are required for a definite period specified in the request, that officer shall notify the state department immediately after the lapse of twenty-four hours after death, stating, whenever possible, the name, age, sex, and cause of death of the decedent.
(Amended by Stats. 2001, Ch. 436, Sec. 21. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7201.

7201. The person in charge of a public institution in which the decedent was an inmate shall transmit upon request, to the state department or to any person designated by it, a brief medical history of the unclaimed dead for purpose of identification and permanent record, which records shall be open to inspection by any State or county official or prosecuting attorney.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7202.

7202. The unclaimed dead retained by the State department for scientific or educational purposes shall be embalmed and disposed of in accordance with the instructions of the State department. Such unclaimed dead shall be held for a period of thirty days by those to whom they may have been assigned for scientific or educational purposes, subject to claim and identification by any authenticated relative of the decedent for purpose of interment or other disposition in accordance with the directions of such relative.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7203.

7203. The bodies of the unclaimed dead retained by the State department shall be used solely for the purpose of instruction and study in the promotion of medical, chiropractic, and embalming education and science within the State.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7204.

7204. All persons receiving unclaimed dead for educational purposes shall bear all reasonable expense incurred in the preservation and transportation of the dead and shall keep a permanent record of bodies received, giving the identification number, the name, age, sex, nationality, and race, if possible, together with the place of last residence of the decedent and the source and disposition, with dates, of the body.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7205.

7205. It is unlawful for any person, unless specifically authorized by law, to hold a post mortem examination of any unclaimed dead without the express permission of the State department.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7206.

7206. Any person authorized by law to perform post mortem examinations shall permit, with the consent of relatives, or in the absence of such relatives, with the consent of the State department, any representative of the anatomical or pathological departments of an incorporated medical, chiropractic, or osteopathic school or college to obtain at the time of the necropsy, such material in a recent state as may be needed for scientific purposes, if the material is not required for the legal purposes of the State.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7207.

7207. Whenever, through the failure of any person to notify the State department, or promptly to deliver the body of a deceased indigent as required by the State department, such body becomes unfit for scientific or educational purposes, the State department shall so certify and the remains shall be interred at the expense of those guilty of such noncompliance.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Disposal of Unclaimed Dead › Section 7208.

7208. Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who violates any provision of this chapter is guilty of a misdemeanor.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 1 - Embalming › Section 7300.

7300. No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner.
(Amended by Stats. 1951, Ch. 560.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 1 - Embalming › Section 7301.

7301. No embalmer shall embalm a dead human body when he has information reasonably indicating crime in connection with the death until permission of the coroner has been obtained.
(Amended by Stats. 1977, Ch. 1257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 1 - Embalming › Section 7302.

7302. Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be called.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 1 - Embalming › Section 7303.

7303. No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, until permission of the coroner, his appointed deputy coroner, or a judge in the county, if there is no coroner, has been obtained.
(Added by Stats. 1970, Ch. 1355.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 1 - Embalming › Section 7304.

7304. No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of the remains pursuant to Section 7100, except that prior authorization is not required if embalming is necessary in order to comply with applicable laws or regulations, or is necessary to avoid irreparable deterioration of the dead body, in which case, a good faith effort shall be made to obtain permission.
(Added by Stats. 1978, Ch. 530.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Embalming and Transportation › ARTICLE 2 - Transportation › Section 7355.

7355. (a)  Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a common carrier unless the body has been embalmed and prepared by a licensed embalmer and placed in a sound casket and enclosed in a transportation case.
(b)  A dead body, which cannot be embalmed or is in a state of decomposition, shall be received for transportation by a common carrier if the body is placed in an airtight metal casket enclosed in a strong transportation case or in a sound casket enclosed in an airtight metal or metal-lined transportation case.
(Amended by Stats. 1973, Ch. 574.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 1 - Permits › Section 7500.

7500. No remains of any deceased person shall be removed from any cemetery, except upon written order of the health department having jurisdiction, or of the superior court of the county in which such cemetery is situated. A duplicate copy of the order shall be maintained as a part of the records of the cemetery. Any person who removes any remains from any cemetery shall keep and maintain a true and correct record showing:
(a)  The date such remains were removed.
(b)  The name and age of the person removed, when these particulars can be conveniently obtained and the place to which the remains were removed.
(c)  The cemetery and the plot therein in which such remains were buried.
If the remains are disposed of other than by interment, a record shall be made and kept of such disposition. The person making the removal shall deliver to the cemetery authority operating the cemetery from which the remains were removed, a true, full and complete copy of such record.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 1 - Permits › Section 7501.

7501. A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit for the removal has been issued by the local registrar of the district in which the premises are located, and delivered to the cemetery authority. Any person entitled by law to remove any remains may apply to the local registrar for a permit to remove them. The local registrar shall issue a permit, which in all cases, shall specify the name of a cemetery where the remains shall be interred, and shall retain a copy, except that if cremated remains are to be buried at sea as provided in Section 7117 of this code, the permit shall so specify and indicate the county where the fact of burial at sea shall be reported.
(Amended by Stats. 1965, Ch. 1421.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 1 - Permits › Section 7502.

7502. In the disinterment, transportation and removal of human remains under Chapter 4 of this part a cemetery authority need not obtain a separate permit for the disinterment, transportation or removal of the remains of each person, but disinterment, transportation and removal of human remains shall be made subject to reasonable rules and regulations relative to the manner of disinterring, transporting or removing such remains as may be adopted by the board of health or health officer of the city or city and county in which the cemetery lands are situated.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 2 - Consent to Removal › Section 7525.

7525. The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the following in the order named:
(a)  The surviving spouse.
(b)  The surviving children.
(c)  The surviving parents.
(d)  The surviving brothers or sisters.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 2 - Consent to Removal › Section 7526.

7526. If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 2 - Consent to Removal › Section 7527.

7527. Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if by mail, to the cemetery authority and to the persons not consenting, and to every other person or association on whom service of notice may be required by the court.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 1 - General Provisions › ARTICLE 2 - Consent to Removal › Section 7528.

7528. This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by a cemetery authority from a plot for which the purchase price is past due and unpaid, to some other suitable place; nor does it apply to the disinterment of remains upon order of court or coroner.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 3 - Removal of All Remains: Cities of 1500 100,000 › Section 7600.

7600. The governing body of any city having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance, and under such rules and regulations as it may adopt, provide for the disinterring and removal of all human remains from cemeteries in which no interments have been made for a period of two years, which are within the city, or owned and controlled by the city and located without its boundaries.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 1 - Power of Municipality › Section 7700.

7700. The governing body of any city or city and county, having a population of more than one hundred thousand persons, may order the disinterment and removal of all human remains interred in all or any part of any cemetery of more than five acres in extent situated within its limits, where the right of interment in the cemetery has been prohibited by law for a period of fifteen years or more, whenever the governing body, by ordinance, declares that the further maintenance of all or any part of the cemetery as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public and demands the disinterment and removal beyond the limits of the city, or city and county, of the human remains interred therein.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 1 - Power of Municipality › Section 7701.

7701. The governing body of such city or city and county may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable rules and regulations governing the manner of making disinterments and removals and providing for reinterment in cemeteries outside the city or city and county limits.
The ordinance shall prescribe a reasonable time of not less than two years in which the removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city or city and county will itself proceed to remove the remains and reinter them in another cemetery or cemeteries outside the city or city and county limits.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 2 - Declaration of Intention by Cemetery Authority › Section 7725.

7725. The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with this chapter, may declare its intention and purpose to disinter and remove the remains in accordance with the ordinance, and to reinter the remains in another cemetery or cemeteries outside the limits of the city or city and county, or to deposit the removed remains in a memorial mausoleum or columbarium.
In the case of a cemetery corporation or association the procedure for such declaration shall be by resolution of the governing body of the corporation or association, ratified and approved by a majority vote of the lot owners or holders at any regular meeting of the corporation or association, or at a meeting specially called for the purpose.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 2 - Declaration of Intention by Cemetery Authority › Section 7726.

7726. Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority shall specify and declare that at any time after the expiration of ten months from and after the first publication of the notice of the resolution or declaration, the human remains then remaining in all or any part of the cemetery will be removed by the cemetery authority.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 3 - Notice of Intention › Section 7735.

7735. Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in a newspaper of general circulation published in the city, or city and county, in which the cemetery or the portion from which removals are to be made is situated. Publication shall be at least once a week for two successive months.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 3 - Notice of Intention › Section 7736.

7736. The notice shall be entitled “Notice of Declaration of Intention to Remove Human Remains from ____ (insert name of cemetery) in accordance with the provisions of Ordinance No. ____ (insert number) of the ____ (insert name of city, or city and county) adopted ____ (insert date)” and shall specify a date not less than ten months after the first publication when the cemetery authority causing the notice to be published will proceed to remove the remains then remaining in such cemetery or the portion from which removals are to be made.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 3 - Notice of Intention › Section 7737.

7737. Copies of the notice shall within ten days after the first publication be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 3 - Notice of Intention › Section 7738.

7738. A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name appears upon the records of the cemetery. The notice shall be addressed to the last known post-office address of the plot owner as it appears from the records of the cemetery, and if his address does not appear or is not known, then to him at the city, or city and county, in which the cemetery land is situated.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 3 - Notice of Intention › Section 7739.

7739. The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 4 - Special Notice to Relative or Friend › Section 7750.

7750. At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that he desires to be present when the remains are disinterred or are reinterred.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 4 - Special Notice to Relative or Friend › Section 7751.

7751. The notice to the cemetery authority shall specify:
(a)  The name of the person whose remains are to be disinterred.
(b)  As accurately as possible, the plot where the remains are interred.
(c)  The date of interment.
(d)  An address at which the required notices may be given by the cemetery authority.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 4 - Special Notice to Relative or Friend › Section 7752.

7752. The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make removals.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 4 - Special Notice to Relative or Friend › Section 7753.

7753. After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person requesting it of the time when the remains shall be disinterred and of the time when and the place where they will be reinterred. This notice shall be given by delivery, or by mail, to the person requesting it at least ten days prior to the date specified for the disinterment of the remains.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 4 - Special Notice to Relative or Friend › Section 7754.

7754. Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time of disinterment is given the relative or friend, as provided in this article.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7800.

7800. At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and dispose of the remains.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7801.

7801. The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose remains it is desired to remove and, so far as is known to affiant, the date of burial and the names and places of residence of the heirs at law of the decedent. If the person desiring to cause the removal is not an heir at law of the person whose remains he desires to remove, the removal shall not be made by him until he has delivered to the cemetery authority the written consent of a majority of the known heirs at law of the decedent who are residents of this State. The statements in the affidavit are sufficient evidence of the number, names, and residences of the heirs at law for all of the purposes of this article, and the written consent of the majority of the heirs at law named in the affidavit is sufficient authority for the cemetery authority to permit the removal of the remains.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7802.

7802. Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following:
(a)  The purchaser or owner of the plot.
(b)  The purchaser or owner of the right of interment in the plot.
(c)  Any one of joint purchasers or owners of the plot or of the right of interment in the plot.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7803.

7803. If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the grantee without distribution by order of court, the heir or heirs at law may remove the remains of persons interred in the plot. The affidavit of any heir at law setting out the facts of heirship shall be accepted by the cemetery authority as sufficient evidence of the fact of the transfer.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 7 - DEAD BODIES › PART 2 - DISINTERMENT AND REMOVAL › CHAPTER 4 - Removal of All Remains: Cities and Cities and Counties Over 100,000 › ARTICLE 5 - Removals by Relatives or Friends › Section 7804.

7804. Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove any vault, monument, headstone, coping or other improvement appurtenant to the interment space from which the remains have been removed. The affidavit or written consent given under the provisions of this chapter are sufficient authority for the cemetery authority to permit the removal of any such appurtenance.
(Enacted by Stats. 1939, Ch. 60.)