Cemetery and Funeral ActFuneral Practices
Section § 7685
Funeral directors in California must provide a detailed price list when beginning a discussion about funeral costs, which includes the prices of services and a statement about casket price ranges. They must also give a written statement of casket details if requested. Every funeral home must post its price list online if they have a website, with a clear link from the homepage. These requirements ensure transparency and help consumers make informed decisions.
Section § 7685.1
This law states that funeral directors must clearly display the price on each casket, including details like the type of material and color. If they advertise a funeral service for a specific price, they must have the corresponding casket available in the showroom. Also, they cannot charge extra fees for caskets provided by the family or for handling cases involving contagious diseases.
Section § 7685.2
This law outlines the requirements a funeral director must follow before entering into a contract for funeral services. First, the funeral director must provide a written breakdown of costs for services, merchandise, and any cash advances, like flowers or newspaper notices. If prices can't be given initially, the director must inform the buyer as soon as they are available.
The law also mandates that those arranging the cremation or hydrolysis of human remains sign a form specifying their instructions for handling the remains. This form should include the names of responsible parties and detailed instructions for disposition.
Additionally, if you're arranging services for cremation or hydrolysis, the first document page or an attached page must include specific rights concerning the removal and placement of remains. This law will be in effect until January 1, 2027.
Section § 7685.2
This law says that funeral directors must give a detailed written cost breakdown before making a contract for funeral services. They need to include prices for services and items like caskets and transportation. If the cost isn't known yet, they must inform the buyer later. People arranging a cremation or similar must sign a declaration with instructions for the remains. The paperwork will list who controls the remains and where they will be handled. Funeral directors must also inform buyers about their rights to take the remains and what happens if all remains don't fit in one container. These rules will take effect on January 1, 2027.
Section § 7685.3
This law requires that any contract for funeral and cemetery-related goods and services must have the contact information for the Department of Consumer Affairs, Cemetery and Funeral Bureau at the top of the first page. This information should be in bold 8-point font.
The statement must direct consumers to where they can get more information on funeral, cemetery, cremation, and hydrolysis matters. This requirement is only valid until January 1, 2027, after which it will no longer be in effect.
Section § 7685.3
This law requires that any contract for funeral-related goods or services must include the contact information for the Department of Consumer Affairs, Cemetery and Funeral Bureau on its first page. This information needs to be in at least 8-point boldface type and has to include a specific statement about where consumers can get more information on funeral, cemetery, cremation, hydrolysis, and reduction matters. The rule applies starting January 1, 2027.
Section § 7685.5
This law section mandates that the bureau must provide a consumer guide about funeral and cemetery purchases to funeral homes and cemeteries. This guide, which is created with input from the funeral and cemetery industries, needs to be available both in print and online. Funeral service providers must clearly display this guide and give a copy to anyone asking about such services in person. Moreover, they must ensure clients receive this guide before finalizing any service contract.
Section § 7685.6
This law requires funeral homes to inform the person managing funeral arrangements if there is already an existing preneed agreement (a paid-in-advance funeral plan) for the deceased. The funeral home has to disclose their compliance with related rules and keep a signed copy of this disclosure for a time specified by the governing bureau. A state-created form, designed to be easy to read, must be used for these disclosures, and it includes definitions and contact information for consumer questions or complaints. Not following this procedure can lead to disciplinary action against the funeral home.