Section § 7640

Explanation

This law defines an embalmer as a person who is officially qualified and licensed to preserve and disinfect human remains. They do this by using chemicals to prepare bodies, especially if the person died from a contagious disease. Additionally, embalmers can restore damaged features of a body. They must be licensed in California to perform these duties.

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.

Section § 7641

Explanation

You can't embalm a body or claim to be an embalmer in California unless you have a license from the bureau. But if you're a student or teacher in an approved mortuary science program, this rule doesn't apply to you.

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.

Section § 7642

Explanation

If you want to apply for an embalmer’s license, you need to fill out a specific form from the bureau, make sure the information is true and complete, and pay the fee required by this chapter.

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.

Section § 7643

Explanation
To become a licensed embalmer, you must be at least 18 years old, have no disqualifying criminal history, complete a two-year apprenticeship with a licensed embalmer in an approved funeral home, and assist in embalming at least 100 bodies. However, if you've been a licensed embalmer in another state or country for at least three of the last seven years and your license is clean, you don't need to do the apprenticeship. Additionally, you must graduate from an accredited mortuary science program and provide your transcripts.
In order to qualify for a license as an embalmer, the applicant shall comply with all of the following requirements:
(a)CA Business & Professions Code § 7643(a) Be over 18 years of age.
(b)CA Business & Professions Code § 7643(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
(c)CA Business & Professions Code § 7643(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)CA Business & Professions Code § 7643(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.

Section § 7646

Explanation

This law requires anyone applying for a license related to the funeral industry to pass two exams. First, they must pass a national exam on scientific topics relevant to funeral services, unless they've already passed it. Second, they must pass a state-specific exam on California laws and regulations affecting the funeral industry.

(a)CA Business & Professions Code § 7646(a) The bureau shall require the applicant to pass both of the following:
(1)CA Business & Professions Code § 7646(a)(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)CA Business & Professions Code § 7646(a)(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)CA Business & Professions Code § 7646(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.

Section § 7647

Explanation

This section states that the bureau, along with the International Conference of Funeral Service Examining Boards, will decide when and where exams for funeral services take place. The bureau is also responsible for notifying people about the details of the exam schedule and location based on a previous section's criteria.

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.

Section § 7647.5

Explanation

If there's a hearing about whether or not to grant a license, it has to follow certain rules found in Chapter 5 of the Government Code. The bureau in charge has all the authority given by those rules during the hearing.

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.

Section § 7648

Explanation

This law states that an embalmer's license cannot be transferred to someone else. Only the person who holds the license is allowed to perform embalming under that specific license.

No embalmer’s license is assignable, and only the licensee may engage in the practice of embalming under the license.

Section § 7649

Explanation

If a licensed embalmer's name is on a certificate claiming they performed a certain task, they must personally sign their name on that document unless another law says otherwise.

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.

Section § 7650

Explanation

This law allows the bureau to review how other states issue licenses to embalmers. They keep track of which states have embalming standards that are at least as high as California's.

The bureau may examine the requirements for the issuance of licenses to embalmers in other states of the United States and cause a record to be kept of those states in which standards are maintained for embalmers, not lower than those provided in this chapter.