Cemetery and Funeral ActFuneral Establishments and Directors
Section § 7615
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.
Section § 7616
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.
Section § 7616.2
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.
Section § 7617
Section § 7617.1
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.
Section § 7618
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.
Section § 7619
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.
Section § 7619.3
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.
Section § 7622
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.
Section § 7622.2
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.
Section § 7622.5
If you're applying to take the funeral director's exam, you need to pay the exam fee set by this law.
Section § 7623
If you want to open more than one funeral business, you need to apply for and get a separate license for each location.
Section § 7624
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.
Section § 7625
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.
Section § 7626
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.
Section § 7626.5
Section § 7627
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.
Section § 7628
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.
Section § 7629
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.
Section § 7630
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.
Section § 7631
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.
Section § 7632
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.
Section § 7633
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.
Section § 7634
Section § 7635
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.
Section § 7636
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.