QUESTIONS AND ANSWERS SURE A+
✔✔H&SC Section 7052....Misuse of human remaining - ✔✔(a) Every person who
willfully mutilates, disinters, removes from the place of interment, or commits an act of
sexual penetration on, or has sexual contact with, any remains known to be human,
without authority of law, is guilty of a felony. This section does not apply to any person
who, under authority of law, removes the remains for reinterment, or performs a
cremation.
(b) For purposes of this section, the following definitions apply:
(1) "Sexual penetration" means the unlawful penetration of the vagina or anus, however
slight, by any part of a person's body or other object, or any act of sexual contact
between the sex organs of a person and the mouth or anus of a dead body, or any oral
copulation of a dead human body for the purpose of sexual arousal, gratification, or
abuse.
(2) "Sexual contact" means any willful touching by a person of an intimate part of a dead
human body for the purpose of sexual arousal, gratification, or abuse.
✔✔H&SC Section 7208....Unlawful disposition - ✔✔Every person who unlawfully
disposes, uses, or sells the body of an unclaimed dead person, or who violates any
provision of this chapter is guilty of a misdemeanor.
, ✔✔B&PC Section 7607...Authority to inspect - ✔✔The bureau may inspect the premises
in which the business of a funeral director is conducted, where embalming is practiced,
or where human remains are stored.
✔✔B&PC Section 7616 (a)(2)...Facilites description - ✔✔(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) A suitable room for the storage of human remains.
(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.
✔✔CCR Section 1258... (a)(f)Rental Caskets - ✔✔(a) A rental casket is a specially
designed device used to conceal a
rental casket insert containing human remains, for purposes of viewing
and/or funeral or other ceremony, and may give the outward appearance of
being a casket. No part of a rental casket, including its lining, shall
come into contact with any human remains placed therein or placed within a
rental casket insert placed therein, unless that part or lining is
disposed of with the rental casket insert and human remains.
(f) No rental casket shall be used or reused after it has been soiled,
stained or otherwise contaminated by or from any human remains placed
therein or placed within a rental casket insert placed therein.
✔✔B&PC Section 7648...License to practice - ✔✔No embalmer's license is assignable,
and only the licensee may engage in the practice of embalming under the license.
✔✔B&PC Section 7649...Certificate signature - ✔✔Except as provided in Section
102805 of the Health and Safety Code, whenever the name of any licensed embalmer
is subscribed to any certificate, the purport of which is that he or she has performed any
act mentioned in the certificate, the licensed embalmer shall actually sign his or her
name thereto.
✔✔B&PC Section 7706...Refusal to surrender - ✔✔Refusing to surrender promptly the
custody of human remains, the personal effects, and any certificate or permit required
under Division 102 (commencing with Section 102100) of the Health and Safety Code
that is in the possession or control of the licensee upon the express order of the person
lawfully entitled to custody of the human remains constitutes a ground for disciplinary
action.