CA Funeral Juris cheat sheet

Governing statute is the Cemetery and Funeral Act, Business and Professions Code sections 7600 et seq.; regulations sit in Title 16, Division 21 of the California Code of Regulations.

The Cemetery and Funeral Bureau, within the Department of Consumer Affairs, licenses funeral establishments, embalmers, funeral directors, crematories, and cemeteries; the Bureau's chief enforces the Act.

Funeral director licensure requires minimum age 18, high school equivalency, prescribed college or mortuary science coursework, apprenticeship hours, and passage of a licensing examination.

Embalmer licensure requires completion of an accredited mortuary science program, apprenticeship training, and examination; embalming of human remains generally requires a licensed embalmer.

Continuing education is a renewal condition: licensees must complete the statutorily prescribed hours of approved instruction each renewal cycle, with records retained for audit.

Unprofessional conduct grounds include misrepresentation, fraud, gross negligence, aiding unlicensed practice, and failure to maintain required records; discipline ranges from citation to revocation.

A funeral establishment must have a licensed funeral director in charge and may not operate without a current establishment license issued by the Bureau.

Preneed funeral arrangements are regulated contracts; funds received must be deposited into trust within the statutory deadline and are subject to periodic reporting and audit.

An establishment license is issued to a specific location and is not transferable to another address or owner without Bureau approval; a change of location requires a new application.

Each licensed establishment must designate a licensed funeral director as the director in charge, and the Bureau must be notified when that person changes.

Required physical plant includes a preparation room with impervious surfaces, drainage, ventilation, and equipment sufficient for sanitary embalming and handling of remains.

Establishments must maintain a business office, arrangement area, and refrigeration or holding capacity appropriate to the volume of remains accepted.

Retention rules require keeping itemized price lists, contracts, embalming authorizations, identification records, and disposition documents for the periods set by statute and regulation.

A written contract must be provided to the purchaser before services are rendered, itemizing goods and services selected and disclosing the total price and payment terms.

Establishments must post the required consumer notice and license conspicuously and must provide a written price list to any person on request.

Inspection authority: the Bureau may inspect licensed premises and records during business hours, and refusal to permit inspection is a ground for discipline.

The Federal Trade Commission Funeral Rule requires a general price list given to consumers who inquire in person, itemized pricing, and no misrepresentation of legal requirements.

California requires a written itemized statement of goods and services selected, with the total cost, before the contract is signed and services are performed.

Embalming may not be represented as required by law; if embalming is not selected, the establishment must disclose in writing that it is not authorized and describe available alternatives.

Consumers must be told in writing that they may purchase a casket or outer container from a third party without being charged a handling fee for doing so.

Preneed contract purchasers have cancellation rights with refund of amounts paid plus accrued trust earnings, subject to the statutory percentages and time limits.

A buyer may designate an agent or representative to make arrangements and to control final disposition; the written designation must be honored by the establishment.

Price lists must be dated, identify the establishment, and separately state charges for basic services of the funeral director and staff, transfer of remains, embalming, and facilities.

Advertising and representations must be accurate; claiming a price that does not include required items, or omitting mandatory disclosures, is a deceptive practice subject to discipline.

Cemeteries and crematories are licensed and regulated by the Cemetery and Funeral Bureau under the Cemetery and Funeral Act, with separate license categories.

Cremation requires written authorization from the person with the right to control disposition, and the authorizing document must identify the decedent and the crematory.

A crematory must establish written operating procedures covering identification of remains, a metal-free requirement or processing, and return of cremated remains in a labeled container.

Cremated remains must be placed in a closed container and returned to the authorizing party or disposed of only as authorized by law and the written instructions.

Cemetery authorities must maintain accurate records of interments, plot ownership, and transfers, and must make the records available for Bureau inspection.

Sale of cemetery plots and services is regulated as a preneed or at-need transaction; endowment care funds must be deposited and maintained under statutory trust rules.

Dedicated cemetery land may not be diverted to other uses without compliance with statutory procedures, including notice and approval, because interment rights are protected.

Disinterment requires legal authority such as a court order or written consent of the rightsholder, plus compliance with local health officer requirements and cemetery rules.