QUESTIONS AND ANSWERS RATED A+
✔✔BPC 7627 - ✔✔Every application for a funeral director's license under this article
shall be granted or refused within ninety days from the date of the filing of the
application or within thirty days after the close of the hearing upon the application, in
case a hearing is held.
✔✔BPC 7628 - ✔✔Any person, partnership, association, corporation, or other
organization desiring to change the location of a licensed funeral establishment shall
apply therefor on forms furnished by the bureau and shall include a fee fixed by this
chapter.
The application shall be granted by the bureau upon the filing with the bureau of a
favorable report from an inspector concerning the physical status or plans and
specifications of the proposed licensed funeral establishment to the effect that it
conforms to the requirements of this article.
✔✔BPC 7629 - ✔✔No funeral establishment shall be conducted or held forth as being
conducted or advertised as being conducted under any name which might tend to
mislead the public or which would be sufficiently like the name of any other licensed
funeral establishment so as to constitute an unfair method of competition.
Any funeral director desiring to change the name appearing on his or her license may
do so by applying to the bureau and paying the fee fixed by this chapter.
✔✔BPC 7630 - ✔✔(a) A funeral establishment's license may be assigned upon
payment of the fee fixed by this chapter, the filing of a completed application, and upon
submission of an audit report prepared and signed by an independent certified public
accountant or public accountant currently licensed in this state. The audit report shall
include an unqualified opinion on the accuracy of the trust fund balances and a report of
compliance with the provisions of this article and Article 9 (commencing with Section
7735). Any shortages in the trust funds shall be funded.
(b) (1) If the applicant cannot submit the audit report required in subdivision (a) due to
estate matters or litigation for which the director or his or her designee is a party, the
applicant may request approval from the bureau to secure a bond by an admitted surety
insurer guaranteeing the payment to each account of any shortages in the trust funds.
Along with the fee and the application to assign the license and transfer ownership, any
applicant requesting an exception to subdivision (a) shall submit to the bureau a report,
signed by an authorized representative, setting forth the reasons requested for the
exception to the audit requirement and a list of all trust accounts for the funeral
establishment showing the corpus of the trust, accumulated income, and current
account balances for each account. If the bureau approves the request to secure a
bond, the bureau shall notify the applicant of the approval and of the requirements of
this section.
,(2) Any applicant who knowingly provides false or misleading information pursuant to
the requirements of this subdivision shall be subject to an administrative citation, which
may include an order of abatement and a fine in an amount not to exceed five thousand
dollars ($5,000) per violation, in addition to any other remedies t
✔✔BPC 7631 - ✔✔In case of the death of a licensed funeral director who leaves a
funeral establishment as part or all of the assets of his or her estate, the bureau may
issue a temporary license to his or her legal representative, unless the legal
representative has committed acts or crimes constituting grounds for denial of licensure
under Section 480. A temporary establishment license is valid for six months from the
date of issue. However, upon the petition of the estate's legal representative, the
bureau, in its discretion, may grant a reasonable extension to allow for the assets of the
estate to be distributed as circumstances warrant.
✔✔BPC 7632 - ✔✔A funeral director shall cause all human remains embalmed in or at
the direction of his or her funeral establishment to be embalmed by a licensed
embalmer, by an apprentice embalmer under the supervision of his or her licensed
supervising embalmer, or by a student in a program accredited by the American Board
of Funeral Service Education under the supervision of a licensed embalmer.
✔✔BPC 7633 - ✔✔No funeral director shall charge a fee for filing a certificate of death
or for providing copies thereof in excess of fees set by statute for filing and providing
certified copies of such certificates.
✔✔BPC 7634 - ✔✔Notwithstanding any other provision of law, a licensed embalmer, at
the request of a licensed physician, may remove tissue from human remains for
transplant, or therapeutic, or scientific purposes specified in, and pursuant to, the
provisions of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section
7150) of Part 1 of Division 7 of the Health and Safety Code), if such embalmer has
completed a course in tissue removal for transplant, or therapeutic, or scientific
purposes approved by the Medical Board of California of the State of California.
✔✔BPC 7635 - ✔✔(a) Any person employed by, or an agent of, a licensed funeral
establishment, who consults with the family or representatives of a family of a deceased
person for the purpose of arranging for services as set forth in subdivision (a) of Section
7615, shall receive documented training and instruction, at least once every three years,
that results in a demonstrated knowledge of all applicable federal and state laws, rules,
and regulations including those provisions dealing with vital statistics, the coroner,
anatomical gifts, and other laws, rules, and regulations pertaining to the duties of a
funeral director. A written outline of the training program, including documented
evidence of the training time, place, and participants, shall be maintained in the funeral
establishment and shall be available for inspection and comment by an inspector of the
bureau.
, (b) This section shall not apply to anyone who has successfully passed the funeral
director's examination pursuant to Section 7622.
✔✔BPC 7636 - ✔✔(a) (1) Any person who holds or has held, or was named on, any
license or registration under the jurisdiction of the bureau that has been, within the
immediately preceding 10 years, revoked, suspended, placed on probation, or
surrendered under a stipulated decision, and who is employed by, or who seeks
employment with, a licensed funeral establishment in any capacity, shall inform the
managing funeral director of that revocation, suspension, probation, or surrender.
(2) A person subject to this subdivision shall inform the managing funeral director upon
application for employment by completing a form that shall be made available by the
bureau.
(b) A managing funeral director who is informed pursuant to subdivision (a) shall notify
the bureau by submitting the form within 30 days of so being informed. Failure of the
managing funeral director to notify the bureau shall be a cause for a warning. A
managing funeral director shall not be subject to a warning if his or her failure to notify
the bureau is due to a false statement made by an employee.
(c) Any person required to notify the managing funeral director under subdivision (a)
who fails to do so or who makes a false statement on the required form shall be subject
to disciplinary action if that person is a licensee of the bureau, or that failure or false
statement shall be cause for denial of a license under Section 480.
(d) For purposes of subdivision (a), the term "named on" applies to a person who was
an owner, partner, or corporate officer of an entity that was licensed or registered under
the act at the time that entity's license or registration under the act was revoked,
suspended, placed on probation, or surrendered.
✔✔BPC 7640 - ✔✔An embalmer is one who is duly qualified to disinfect or preserve
human remains by the injection or external application of antiseptics, disinfectants or
preservative fluids; to prepare human bodies for transportation which are dead of
contagious or infectious diseases; and to use derma surgery or plastic art for restoring
mutilated features; and who is duly licensed as an embalmer under the laws of the State
of California.
✔✔BPC 7641 - ✔✔It is unlawful for any person to embalm a body, or engage in, or hold
himself or herself out as engaged in practice as an embalmer, unless he or she is
licensed by the bureau. However, this section shall have no effect on students and
instructors of embalming in mortuary science programs approved by the bureau.
✔✔BPC 7642 - ✔✔An application for an embalmer's license shall be written on a form
provided by the bureau, verified by the applicant, and accompanied by the fee fixed by
this chapter.