2005 California Business and Professions Code Sections 9780-9789 Article 8. Crematories

BUSINESS AND PROFESSIONS CODE
SECTION 9780-9789

9780.  A crematory established, operated, or maintained, may be
operated by a corporation, partnership, or natural person, provided
that a valid crematory license shall have been issued by the bureau.
Any existing crematory operated by a licensed cemetery authority on
January 1, 2002, shall have until January 1, 2003, to make
application for a crematory license.
9780.5.  Any change in the ownership of a crematory shall be
reported to the Cemetery and Funeral Bureau.  Any transfer in a
single transaction or a related series of transactions of more than
50 percent of the equitable interest in a licensed crematory shall
constitute a change of ownership.  When a change of ownership in a
crematory occurs, the existing crematory license shall lapse and the
new owner shall obtain a new license from the bureau as otherwise
provided in this act.  The bureau shall not require an applicant
under this section to obtain any new permit or license from any other
governmental agency when the existing permit or license is valid.
9781.  Application for a crematory license shall be made in writing
on the form prescribed by the bureau and filed at the principal
office of the bureau.  The application shall be accompanied by the
fee provided for in this article and shall show that the applicant
owns or is actively operating a crematory in this state or that the
applicant is in a position to commence operating such a crematory.
9781.5.  The provisions of Article 5 (commencing with Section 8340)
of Chapter 2 of Part 3 of Division 8 of the Health and Safety Code
shall apply to crematories licensed under this chapter.
9782.  The bureau may require such proof as it deems advisable
concerning the compliance by such applicant with all the laws, rules,
regulations, ordinances, and orders applicable to the applicant and
shall not issue such crematory license until it has satisfied itself
that the public interest will be served by such applicant.
9783.  (a) The bureau shall adopt, and may from time to time amend,
rules and regulations prescribing standards of knowledge and
experience and financial responsibility for applicants for a
crematory license.  In reviewing an application for a crematory
license, the bureau may consider acts of the applicant, including
acts of incorporators, officers, directors, and stockholders of the
applicant, which shall constitute grounds for the denial of a
crematory license under Division 1.5 (commencing with Section 475).
   (b) Upon receipt of an application for a crematory license, the
bureau may cause an investigation to be made of the physical status,
plans, specifications, and financing of the proposed crematory, the
character of the applicant, including, if applicable, its officers,
directors, shareholders, or members, and any other qualifications
required of the applicant under this article, and for this purpose
may subpoena witnesses, administer oaths, and take testimony.
   At the time of the filing of the application required by this
article, the applicant shall pay to the Cemetery Fund the sum fixed
by the bureau at not in excess of four hundred dollars ($400) to
defray the expenses of investigation.  In the event the sum shall be
insufficient to defray all of the expenses, the applicant shall
within five days after request therefor deposit an additional sum
sufficient to defray such expenses, provided that the total sum shall
not exceed the sum of nine hundred dollars ($900).
9784.  No crematory licensee under this article shall conduct any
cremations:
   (a) Unless the licensee has a written contract with the person or
persons entitled to custody of the remains clearly stating the
location, manner, and time of disposition to be made of the remains,
agreeing to pay the regular fees of the licensee for cremation,
disposition, and other services rendered, and any other contractual
provisions as may be required by the bureau.
   (b) Of any remains more than 24 hours after delivery of the
remains, unless the remains have been preserved in the interim by
refrigeration or embalming.
   (c) Unless the licensee has a contractual relationship with a
licensed cemetery authority for final disposition of cremated human
remains by burial, entombment or inurnment of any and all remains
which are not lawfully disposed of or which are not called for or
accepted by the person or persons entitled to the custody and control
of the disposition thereof within 90 days of the date of death.
9784.5.  Every crematory licensee, who prohibits relatives or the
responsible party from viewing the cremation process, shall disclose
this fact in writing to the person or persons entitled to custody of
the remains prior to the signing of any contract.
9785.  Each crematory licensee shall keep such records as may be
required by the bureau to assure compliance with all laws relating to
the disposition of cremated human remains and shall file annually
with the bureau, a report in the form prescribed by the bureau,
describing the operations of the licensee, including the number of
cremations made, the disposition thereof, and any other information
as the bureau may, from time to time, require.
9786.  Every crematory licensee operating a crematory pursuant to a
license issued in compliance with this article shall pay an annual
regulatory charge for each crematory, to be fixed by the bureau at
not more than four hundred dollars ($400).  In addition to an annual
regulatory charge for each crematory, every licensee operating a
crematory pursuant to a license issued pursuant to this article shall
pay until December 31, 2007, an additional charge of not more than
eight dollars and fifty cents ($8.50) per cremation made during the
preceding quarter, which charges shall be deposited in the Cemetery
Fund.
9787.  (a) Each crematory for which a crematory license is required
shall be operated under the supervision of a manager qualified in
accordance with rules adopted by the bureau.  Each manager shall be
required to successfully pass a written examination evidencing an
understanding of the applicable provisions of this code and of the
Health and Safety Code.
   (b) On and after July 1, 2003, no person shall engage in the
business of, act in the capacity of, or advertise or assume to act
as, a crematory manager without first obtaining a license from the
bureau.
9787.2.  A crematory shall at all times employ a licensed crematory
manager to manage, supervise, and direct its operations.
   (a) Every crematory shall designate a licensed crematory manager
to manage the crematory, and shall report the designation to the
bureau within 10 days of the effective date.  Any change in the
designated manager shall be reported to the bureau within 10 days.
   (b) The designated crematory manager shall be responsible for
exercising direct supervision and control over the operations,
employees, and agents of the crematory as is necessary to ensure full
compliance with the applicable provisions of the Business and
Professions Code, the Health and Safety Code, and any regulations
adopted thereto.  Failure of the designated crematory manager or the
licensed crematory to exercise that supervision or control shall
constitute a ground for disciplinary action.
   (c) A crematory may employ, in addition to the designated
crematory manager, additional licensed crematory managers.  However,
only one licensed crematory manager may be appointed as the
designated crematory manager of the crematory.
9787.3.  (a) Application for a crematory manager license shall be
made in writing on the form provided by the bureau, verified by the
applicant and filed at the principal office of the bureau.  The
application shall be accompanied by the fee fixed by this chapter.
   (b) The applicant for a crematory manager license shall be at
least 18 years of age, possess a high school diploma or its
equivalent, shall not have committed acts or crimes constituting
grounds for denial of licensure under Section 480, shall demonstrate
compliance with the training and experience requirements established
by the bureau, and shall be a resident of this state.
   (c) The bureau shall grant a crematory manager license to any
applicant who meets the requirements of this chapter and who has
successfully passed the crematory manager examination administered by
the bureau.
   (d) Notwithstanding subdivision (c), until July 1, 2004, the
bureau shall grant a crematory manager license to any applicant who
meets the requirements of this chapter and can demonstrate that he or
she has, prior to January 1, 2003, successfully passed the crematory
manager examination administered by the bureau.  Any person who is
eligible to obtain a crematory manager license under this subdivision
and who does not apply for a license by July 1, 2004, shall apply
for and successfully pass the examination.
9787.4.  (a) No person shall engage in or conduct, or hold himself
or herself out as engaging in or conducting, the activities of a
crematory manager without holding a valid, unexpired crematory
manager license issued by the bureau.
   (b) No licensed crematory manager shall engage in or conduct, or
hold himself or herself out as engaging in or conducting, the
activities of a crematory manager without being employed by, or
without being a sole proprietor, partner, or corporate officer of, a
licensed crematory.
9788.  It is a misdemeanor for any person, firm, or corporation to
cremate human remains or to engage in the disposition thereof without
a valid, unexpired crematory license.  Each cremation shall be a
separate violation.
9789.  A crematory licensee shall be subject to and shall be
disciplined by the bureau in accordance with Article 6 (commencing
with Section 9725).


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