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CALIFORNIA EMBALMER’S EXAM WITH
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CCR 1209 Ambulances, hearses, and first-call or pickup cars - ANSWERS-All ambulances, hearses and first-call or pickup cars and the equipment therein shall be kept clean and sanitary and free from deleterious odors at all times. Such vehicles shall be cleansed with a suitable and effective disinfectant, immediately after being used to transport human remains dead of any contagious disease, or as soon thereafter as practical, so as not to endanger the public health or safety.
H&SC 7355 Preparation and Casket (a) - ANSWERS-Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a common carrier unless the body has been embalmed and prepared by a licensed embalmer and placed in a sound casket and enclosed in a transportation case.
H&SC 7355 Preparation and Casket (b) - ANSWERS-A dead body, which cannot be embalmed or is in a state of decomposition, shall be received for transportation by a common carrier if the body is placed in an airtight metal casket enclosed in
a strong transportation case or in a sound casket enclosed in an airtight metal or metal-lined transportation case.
H&SC 7180 Determination of Death (a) 1 & 2 - ANSWERS-An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
H&SC 7180 Determination of Death (b) - ANSWERS-This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
H&SC 7180 Determination of Death (c) - ANSWERS-This article may be cited as the Uniform Determination of Death Act.
H&SC 7181 Independent Confirmation - ANSWERS-When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician.
B&PC Section 7686...Authority to suspend or revoke license. - ANSWERS-The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the bureau shall have all the powers granted therein.
CCR 1216 Sanitation (d) Areas Open to the Public - ANSWERS-All areas of a funeral establishment which are open to public use or occupancy shall be kept and maintained in a clean and orderly condition so as not to endanger the public health and safety.
CCR 1221 Care and Preparation for Burial (a) - ANSWERS-The care and preparation for burial or other disposition of all human remains shall be strictly private, and no one shall be allowed in the embalming or storage room while human remains are being embalmed or prepared for disposition, except the licensed funeral director and his duly authorized officers and/or employees, licensed embalmers and their duly registered apprentices, instructors of the science of embalming in embalming schools or colleges duly accredited by the Board and their students, and except public officials in the discharge of their duties; provided, that this rule shall not apply to duly accredited nurses employed in a case, nor to members of the immediate family of the deceased as defined by section 7100 of the Health and Safety Code.
B&PC 7634 Tissue Removal - ANSWERS-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.
B&PC 7640 Embalmer Description - ANSWERS-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.
CCR 1221 Care and Preparation for Burial (b) - ANSWERS-All human remains being transferred into or out of a funeral establishment or storage facility, except in a casket, shall be covered and kept out of the public view, to the extent reasonably possible.
CCR 1222 Embalming Fluids - ANSWERS-No embalming fluids shall be used in embalming which contain heavy minerals or metallic substances which have a poisonous effect, such as arsenic, lead and mercury.
CCR 1223 Embalming, Preparation, and Storage Rooms (a) - ANSWERS-No embalming, preparation or storage room shall be located in any public storage, mini-storage, mini-warehouse, multi-unit storage complex or similar facility used by members of the general public for the storage of goods. Any existing embalming, preparation or storage room located in a prohibited facility shall be relocated and brought into full compliance with this section, within twelve (12) months of this subsection's effective date.
CCR 1223 Embalming, Preparation, and Storage Rooms (b) - ANSWERS-Every licensed funeral establishment shall maintain in its embalming, preparation
CCR 1223.1 Shared Preparation and Storage Rooms (b) - ANSWERS-the common owners have designated one funeral establishment as the main office as defined in Section 1204(c)(2);
CCR 1223.1 Shared Preparation and Storage Rooms (c) - ANSWERS-the remaining establishments or the establishments using the facilities of the main office are within a 60 mile radius of the main office;
CCR 1223.1 Shared Preparation and Storage Rooms (d) - ANSWERS-the licensed funeral establishment in which the common storage room is located has designated a separate labeled area within the storage room for each of the establishments using its facilities and has sufficient capacity to accommodate each licensee using the space;
CCR 1223.1 Shared Preparation and Storage Rooms (e) - ANSWERS-An identification and labeling system shall be in place to effectively identify the human remains being prepared and/or stored in the facilities;
CCR 1223.1 Shared Preparation and Storage Rooms (f) - ANSWERS-The facilities meet the requirements as specified in Section 7616 of the Business and Professions Code and have passed inspection by the Board to determine its suitability for shared purposes;
CCR 1223.1 Shared Preparation and Storage Rooms (g) - ANSWERS-A licensed funeral establishment requesting permission from the Board to share their preparation and/or storage room, must make a request, in writing, on a form 21F-
12 (4/93) provided by the Board. An inspection will then be scheduled and completed to ensure that the above mentioned conditions have been met before the establishment can begin sharing its facilities.
B&PC Section 7686.5....Accusation requirements - ANSWERS-All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging fraud or misrepresentation as a ground for disciplinary action. The cause for disciplinary action in such case shall not be deemed to have accrued until discovery, by the bureau, of the facts constituting the fraud or misrepresentation, and, in such case, the accusation shall be filed within three years after such discovery.
B&PC Section 7687....Authority to investigate complaint. - ANSWERS-Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.
B&PC Section 7690...Disciplinary penalties - ANSWERS-The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action. Any of the following penalties may be imposed by the bureau:
(a) Suspension of the disciplinary order.
(b) Reproval, public or private.
(c) Probation.
(d) Suspension of the right to practice.
B&PC Section 7700...Inappropriate language - ANSWERS-Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for, human remains, or within the immediate hearing of the family or relatives of a deceased, whose remains have not yet been interred or otherwise disposed of constitutes a ground for disciplinary action.
B&PC Section 7702...Reused casket - ANSWERS-Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human remains constitutes a ground for disciplinary action; provided, however, this section shall not apply to exterior casket hardware which is not sold to the purchaser, or where same is reserved by contract.
B&PC Section 7707...Gross negligence or incompetence - ANSWERS-Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.
B&PC Section 7692....Misrepresentation or fraud - ANSWERS-Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action
B&PC Section 7692.5....False statement of law - ANSWERS-Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead, made wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary action.
B&PC Section 7693...False advertising - ANSWERS-False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.
B&PC Section 7699....Aiding or abetting unlicensed person - ANSWERS-Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.
B&PC Section 7694...Solicitation at death - ANSWERS-Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or employees of the licensee, when such solicitation is authorized or ratified by the licensee, constitutes a ground for disciplinary action. This section does not prohibit general advertising.
B&PC Section 7695...Employment of solicitors - ANSWERS-Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors," or other such persons to solicit, after a death or while a death is impending, funeral directing or embalming business constitutes a ground for disciplinary action.
B&PC Section 7696...Employment of solicitors - ANSWERS-Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular funeral director or embalmer constitutes a ground for disciplinary action.
B&PC Section 7697...Buying business by licensee - ANSWERS-The buying, after a death or while a death is impending, of funeral directing and embalming business
B&PC Section 7718....Securing of embalmer business - ANSWERS-Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral establishment, funeral director or embalmer, his, her, or its agent or representative, in order that the funeral establishment, funeral director or embalmer might obtain business, is guilty of a misdemeanor.
B&PC Section 7719....Misdemeanor penalties - ANSWERS-Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both.
H&SC Section 7051...Removal of human remains - ANSWERS-Every person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment or cremation, with intent to sell it or to dissect it, without authority of law, or written permission of the person or persons having the right to control the remains under Section 7100, or with malice or wantonness, has committed a public offense that is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. This section shall not prohibit the removal of foreign materials, pacemakers, or prostheses from cremated remains by an employee of a licensed crematory prior to final processing of ashes. Dental gold or silver, jewelry, or mementos, to the extent that they can be identified, may be removed by the employee prior to final processing if the equipment is such that it will not process these materials. However, any dental gold and silver, jewelry, or mementos that are removed shall be returned to the urn or cremated remains container, unless otherwise directed by the person or persons having the right to control the disposition.
H&SC Section 7051.5....Removal of valuables - ANSWERS-Every person who removes or possesses dental gold or silver, jewelry, or mementos from any human remains without specific written permission of the person or persons having the right to control those remains under Section 7100 is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. The fact that residue and any unavoidable dental gold or dental silver, or other precious metals remain in the cremation chamber or other equipment or any container used in a prior cremation is not a violation of this section.
H&SC Section 7052....Misuse of human remaining - ANSWERS-(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 - ANSWERS-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.
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 - ANSWERS-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 - ANSWERS-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 - ANSWERS-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.
H&SC Section 7300...Unknown cause of death - ANSWERS-No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner.
H&SC Section 7301....Death involving crime - ANSWERS-No embalmer shall embalm a dead human body when he has information reasonably indicating
crime in connection with the death until permission of the coroner has been obtained.
H&SC Section 7302...Contagious case - ANSWERS-Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be called.
H&SC Section 7303...Death in motor vehicle - ANSWERS-No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, until permission of the coroner, his appointed deputy coroner, or a judge in the county, if there is no coroner, has been obtained.
H&SC Section 7304...Permission by controller of disposition - ANSWERS-No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of the remains pursuant to Section 7100, except that prior authorization is not required if embalming is necessary in order to comply with applicable laws or regulations, or is necessary to avoid irreparable deterioration of the dead body, in which case, a good faith effort shall be made to obtain permission.
H&SC Section 102825....Signature authorization - ANSWERS-The physician and surgeon last in attendance, or in the case of a patient in a skilled nursing or intermediate care facility at the time of death, the physician and surgeon last in attendance or a licensed physician assistant under the supervision of the physician and surgeon last in attendance, on a deceased person shall state on the certificate of death the disease or condition directly leading to death, antecedent causes, other significant conditions contributing to death and any other medical
attached hereto as Exhibit 1, and made a part of this regulation. The form
shall be used in the exact form set forth below, without additions,
substitutions, or amendments.
B&PC Section 7680...Displaying License - ANSWERS-Display license Every license issued shall be displayed conspicuously in the place of business or employment of the licensee. The form and content of every license issued shall be determined in accordance with Section 164.
CCR Section 1255...Posting rules - ANSWERS-A placard upon which Section 1221 of these rules shall be printed must be
fastened to the outside of all doors leading directly into the
preparation, embalming, and storage rooms in every funeral establishment.
B&PC Section 7642...Application form - ANSWERS-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.
B&PC Section 7643...Embalmer prerequisites - ANSWERS-In order to qualify for a license as an embalmer, the applicant shall comply with all of the following requirements:
(a) Be over 18 years of age.
(b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480.
(c) Have completed at least two years of apprenticeship under an embalmer licensed and engaged in practice as an embalmer in this state in a funeral establishment which shall have been approved for apprentices by the bureau and while so apprenticed shall have assisted in embalming not fewer than 100 human remains; provided, however, that a person who has been licensed and has practiced as an embalmer for a minimum of three years within the seven years preceding his or her application in any other state or country and whose license has never been suspended or revoked for unethical conduct shall not be required to serve any apprenticeship in this state.
(d) Have graduated from a mortuary science program approved by the bureau and accredited by the American Board of Funeral Service Education, or its equivalent, as determined by the bureau, and furnished official transcripts from that program or equivalent.
B&PC Section 7725....License renewal - ANSWERS-A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter. The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable.
B&PC Section 7725.2...License expiration. - ANSWERS-Except as otherwise provided in this article, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on
