CA Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Cemetery and Funeral Act

The California statute at Business and Professions Code sections 7600 and following that governs licensing and conduct of funeral establishments, funeral directors, embalmers, cemeteries, and crematories.

Cemetery and Funeral Bureau

A unit of the California Department of Consumer Affairs that licenses, investigates, and disciplines funeral and cemetery professionals and inspects licensed establishments and records.

Funeral director in charge

The licensed funeral director designated as responsible for the daily operation and legal compliance of a specific licensed funeral establishment location.

Establishment license transfer

An establishment license attaches to a specific location and owner; moving or changing ownership requires Bureau approval rather than automatic transfer.

Preparation room requirements

The room where human remains are prepared must have impervious, cleanable surfaces, adequate drainage, ventilation, lighting, and equipment sufficient for sanitary embalming.

General price list

A dated written list identifying the establishment and itemizing prices for services and goods offered, provided to consumers who inquire in person about arrangements.

Third-party casket purchase

Consumers must be told in writing they may buy a casket elsewhere, and the establishment may not charge a fee merely for accepting an outside casket.

Embalming disclosure

A written statement that embalming is not required by law unless a specific circumstance applies, and that alternatives such as refrigeration or immediate burial exist.

Preneed contract

An agreement to provide funeral goods or services before the need arises, with payments held in trust and subject to statutory cancellation and refund rights.

Right to control disposition

The statutory order of persons authorized to direct final disposition, beginning with a designated agent and then close relatives under California law.

Cremation authorization

A signed written document identifying the decedent and crematory that permits cremation and is executed by the person with legal authority to control disposition.

Cremated remains container

Cremated remains must be placed in a closed container, labeled for identification, and returned to the authorizing party or disposed of as authorized.

Endowment care fund

A trust fund maintained by a cemetery from a portion of plot and service sales, with principal and income used for perpetual maintenance of cemetery grounds.

Cemetery records duty

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

Disinterment authority

Removal of remains requires legal authority such as a court order or consent of the rightsholder, plus compliance with health officer and cemetery requirements.

Continuing education renewal

Licensees must complete a prescribed number of approved instruction hours each renewal cycle and retain documentation of completion for Bureau audit.

Unprofessional conduct

Grounds for discipline including fraud, misrepresentation, gross negligence, aiding unlicensed practice, and failure to keep required records or honor disclosures.

Embalmer licensure

Requires completion of an accredited mortuary science program, apprenticeship training, minimum age and education standards, and passage of the licensing examination.

Funeral director licensure

Requires minimum age, high school equivalency, prescribed coursework, apprenticeship hours, and passage of the licensing examination before practice.

Bureau inspection authority

The Bureau may examine licensed premises, contracts, and records during business hours; refusing inspection is itself a ground for disciplinary action.

Record retention

Establishments must keep itemized price lists, contracts, embalming authorizations, identification records, and disposition documents for the periods set by statute.

Written contract requirement

Before services are performed, the purchaser receives an itemized written statement of selected goods and services, total price, and payment terms.

License posting

The establishment must conspicuously post its license and required consumer notices and provide a written price list to any person who requests one.

Funeral Rule itemization

Federal rule requiring itemized price lists, accurate disclosures, and no misrepresentation that embalming or a casket is legally required.

Basic services fee

A separately stated charge for the funeral director's and staff's services, facilities, and overhead that may not be waived for consumers choosing limited services.

Agent designation

A written appointment by a person of someone to make funeral arrangements and control disposition, which the establishment must honor.

Preneed cancellation refund

On timely cancellation, the purchaser receives amounts paid plus accrued trust earnings, subject to statutory percentages and permitted deductions.

Deceptive pricing

Advertising a price that omits required items or failing to disclose mandatory charges constitutes a deceptive practice subject to Bureau discipline.

Crematory operating procedures

Written protocols covering identification of remains, handling of implants or metal, processing, labeling, and return of cremated remains to the authorizing party.

Cemetery plot transfer

Conveyance of an interment right must be recorded in cemetery records, and the cemetery may apply statutory resale or repurchase rules.

Dedicated cemetery land

Land dedicated to cemetery purposes may not be diverted to other uses without statutory procedures and approvals because interment rights are protected.

Crematory license

A separate Bureau license authorizing operation of a crematory at a specific location, subject to inspection and compliance with cremation statutes.