Section § 7615

Explanation

This law describes what it means to be a funeral director. A funeral director is someone who helps prepare and manage the transportation, burial, or disposal of human remains. They may also run a business that prepares or cares for human remains. Additionally, anyone using titles like "funeral director," "undertaker," or "mortician" is also considered a funeral director.

A funeral director is a person engaged in or conducting, or holding himself or herself out as engaged in any of the following:
(a)CA Business & Professions Code § 7615(a) Preparing for the transportation or burial or disposal, or directing and supervising for transportation or burial or disposal of human remains.
(b)CA Business & Professions Code § 7615(b) Maintaining an establishment for the preparation for the transportation or disposition or for the care of human remains.
(c)CA Business & Professions Code § 7615(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.

Section § 7616

Explanation

This law outlines what a licensed funeral establishment must include and how it should operate in California. A funeral establishment needs to have a specific location and be dedicated solely to funeral-related activities. It should have either a room for storing human remains or a preparation room for embalming and sanitation. If two or more establishments are close together under the same ownership, only one needs to meet this requirement. Funeral directors need to be licensed to operate these facilities, except for certain educational programs. The law also clarifies that funeral businesses don’t have to conduct all their activities at one location, and having an ambulance service at the same location isn’t illegal.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7616(a)(1) A suitable room for the storage of human remains.
(2)CA Business & Professions Code § 7616(a)(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)CA Business & Professions Code § 7616(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)CA Business & Professions Code § 7616(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)CA Business & Professions Code § 7616(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)CA Business & Professions Code § 7616(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.

Section § 7616.2

Explanation

This law requires every funeral home to have a licensed funeral director in charge. However, if there are multiple funeral homes located near each other, they can ask for permission to have the same licensed director manage all of them.

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.

Section § 7617

Explanation
To run a funeral home, you must operate from a specific, established location. You cannot advertise or claim to operate a funeral business unless you have the proper license.
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.

Section § 7617.1

Explanation

If you're applying for a funeral home license in California, you need to be at least 18 years old. If the application is for a group like a corporation or partnership, all leaders (officers or partners) must meet this age requirement. Additionally, none of the applicants or leaders should have committed crimes or acts that would disqualify them from getting a license, as outlined in another section of the law.

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.

Section § 7618

Explanation

If you want to apply for a funeral director's license in California, you need to fill out a special form from the bureau, verify your information, pay the required fee, and send everything to their office in Sacramento.

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.

Section § 7619

Explanation

To apply for a funeral director’s license, you need to be at least 18 years old with an associate degree or higher. Your education must be recognized by certain accredited institutions. Also, you must not have committed any acts or crimes that would disqualify you from getting a license.

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.

Section § 7619.3

Explanation

If you're a licensed funeral director, you can only work or present yourself as a funeral director if you're employed by or own a licensed funeral business.

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.

Section § 7622

Explanation

To get a funeral director’s license, a person must pass a test covering important topics like recognizing when someone is dead, how to confirm death, the laws about handling and burying bodies, and the rules for bodies that died from infectious diseases. They also need to know local health rules related to funeral homes.

Before an individual is granted a funeral director’s license, he or she shall successfully pass an examination upon the following subjects:
(a)CA Business & Professions Code § 7622(a) The signs of death.
(b)CA Business & Professions Code § 7622(b) The manner by which death may be determined.
(c)CA Business & Professions Code § 7622(c) The laws governing the preparation, burial and disposal of human remains, and the shipment of bodies dying from infectious or contagious diseases.
(d)CA Business & Professions Code § 7622(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.

Section § 7622.2

Explanation

This law states that anyone operating a business where they act as a funeral director must have a license to do so. You cannot open, run, or advertise yourself as a funeral director without being properly licensed.

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.

Section § 7622.5

Explanation

If you're applying to take the funeral director's exam, you need to pay the exam fee set by this law.

An applicant for examination under Section 7622 shall pay the funeral director’s examination fee fixed by this chapter.

Section § 7623

Explanation

If you want to open more than one funeral business, you need to apply for and get a separate license for each location.

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.

Section § 7624

Explanation

This law says that only one business can operate a funeral home within a single funeral facility at a time. So, you can’t have multiple funeral businesses sharing the same location.

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.

Section § 7625

Explanation

This section states that when someone applies for a license to open a funeral home, the responsible bureau will investigate to make sure the building plans meet specific standards and that the applicant meets all necessary qualifications. They can question people under oath to decide if everything's in order. If everything checks out, they'll issue the license.

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.

Section § 7626

Explanation

Before checking out the physical setup or plans of a new funeral business, a bureau must first evaluate whether the applicant has the necessary skills and experience.

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.

Section § 7626.5

Explanation
When there's a hearing to decide if a license application should be approved, the process follows specific government procedures, and the bureau has all necessary powers to conduct it.
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.

Section § 7627

Explanation

If you're applying for a funeral director's license, the state must let you know whether your application is approved or denied within 90 days of applying, or within 30 days after any related hearing concludes.

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.

Section § 7628

Explanation

If you want to change where your funeral business is located in California, you need to fill out a specific form and pay a fee. The move will only be approved if an inspector checks the new place and confirms it meets legal standards.

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.

Section § 7629

Explanation

This law section states that a funeral business can't use a name that could confuse people or is too similar to another licensed funeral home's name because that would be unfair competition. If a funeral director wants to change the name on their license, they need to apply and pay a fee.

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.

Section § 7630

Explanation

If a funeral home wants to transfer its license to someone else, they need to pay a fee, complete an application, and file a financial audit showing accurate trust fund balances. If the audit can’t be done due to legal or estate issues, the applicant can ask to use a bond instead. This bond would ensure all trust fund shortages are covered. The bond must be 50% larger than the trust fund, and must be renewed if the audit isn't submitted the following year. False information can incur penalties, including fines up to $5,000. Any new owner must follow the original owner's obligations, including maintaining the bond.

(a)CA Business & Professions Code § 7630(a) A funeral establishment’s license may be assigned upon payment of the fee fixed by this chapter, the filing of a completed application, and upon submission of an audit report prepared and signed by an independent certified public accountant or public accountant currently licensed in this state. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with the provisions of this article and Article 9 (commencing with Section 7735). Any shortages in the trust funds shall be funded.
(b)Copy CA Business & Professions Code § 7630(b)
(1)Copy CA Business & Professions Code § 7630(b)(1) If the applicant cannot submit the audit report required in subdivision (a) due to estate matters or litigation for which the director or his or her designee is a party, the applicant may request approval from the bureau to secure a bond by an admitted surety insurer guaranteeing the payment to each account of any shortages in the trust funds. Along with the fee and the application to assign the license and transfer ownership, any applicant requesting an exception to subdivision (a) shall submit to the bureau a report, signed by an authorized representative, setting forth the reasons requested for the exception to the audit requirement and a list of all trust accounts for the funeral establishment showing the corpus of the trust, accumulated income, and current account balances for each account. If the bureau approves the request to secure a bond, the bureau shall notify the applicant of the approval and of the requirements of this section.
(2)CA Business & Professions Code § 7630(b)(2) Any applicant who knowingly provides false or misleading information pursuant to the requirements of this subdivision shall be subject to an administrative citation, which may include an order of abatement and a fine in an amount not to exceed five thousand dollars ($5,000) per violation, in addition to any other remedies that may be available to the bureau for violations of this chapter.
(3)CA Business & Professions Code § 7630(b)(3) Within 30 days from the date of the approval by the bureau, the applicant shall file satisfactory proof of the posting of a bond meeting the requirements of this section with the bureau. Once satisfactory proof of the bond is filed with the bureau and any other requirements for assignment have been met, the funeral establishment’s license may be assigned.
(c)CA Business & Professions Code § 7630(c) Any applicant that obtains approval from the bureau to post a bond shall obtain a bond that is in an amount equal to 50 percent greater than the corpus of the trust and otherwise meet the requirements of this chapter. Within one year from the date of acceptance of the surety bond by the bureau and prior to the expiration of the current bond, the funeral establishment shall file a new request with the bureau to post another bond and receive approval by the bureau consistent with the requirements set forth in subdivision (b). This requirement shall be met for each year in which the assignee fails to submit an audit report and fund any shortages as required in subdivision (a).
(d)CA Business & Professions Code § 7630(d) The assignee shall comply with all provisions previously placed on the assignor. The assignee shall maintain the bond referred to in this section after assignment of the funeral establishment’s license by the bureau.

Section § 7631

Explanation

If a licensed funeral director dies and their funeral business is part of their estate, a temporary license can be issued to the person handling the estate, as long as they haven't done anything that would disqualify them from being licensed. This temporary license lasts for six months, but it can be extended if needed to settle the estate.

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.

Section § 7632

Explanation

This law requires that any human remains embalmed at or under the direction of a funeral home must be handled by either a licensed embalmer, an apprentice under a licensed embalmer's supervision, or a student in an approved educational program, also supervised by a licensed embalmer.

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.

Section § 7633

Explanation

This law states that funeral directors cannot charge more than the government-set rates for processing a death certificate or giving out certified copies of it.

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.

Section § 7634

Explanation
In simple terms, this law lets a licensed embalmer take tissues from a deceased person for transplant or other medical reasons if a licensed doctor asks them to. However, the embalmer must have completed a special training course approved by the California Medical Board on how to properly remove tissue.
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.

Section § 7635

Explanation

If you work for a funeral home and help families arrange funerals, you must go through training every three years on the relevant laws and regulations. This training should cover things like how funeral directors should handle vital statistics and anatomical gifts. The details of your training need to be documented and kept available for an inspection. However, if you've already passed the funeral director's exam, this training requirement doesn't apply to you.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 7635(b) This section shall not apply to anyone who has successfully passed the funeral director’s examination pursuant to Section 7622.

Section § 7636

Explanation

If you've had a funeral service license revoked, suspended, or placed on probation in the past 10 years and are looking to work at a funeral home, you need to tell the funeral director about it. You’ll do this by filling out a form from the bureau when you apply for the job. The funeral director then needs to send this form to the bureau within 30 days. If the director doesn't do this, they might get a warning unless someone lied to them. If you don't tell the director or if you lie on the form, you could face disciplinary action, or it might be harder to get a license later. This rule also includes people who were owners or officers of a licensed entity when it lost its license.

(a)Copy CA Business & Professions Code § 7636(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 7636(a)(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)CA Business & Professions Code § 7636(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)CA Business & Professions Code § 7636(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)CA Business & Professions Code § 7636(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.