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2003 Summary of Legislation

  • SB 363 Figueroa (Chapter 874, Statutes of 2003)
    1. Inspections – Authorizes the Bureau to additionally inspect the premises where human remains are stored (Amend BPC § 7607). Prior Law – Authorized the Bureau to inspect the premises where the business of a funeral director is conducted or embalming is practiced.
    2. Funeral Establishment: temporary license – Provides that a temporary license issued by the Bureau when a funeral establishment is left as a part of an estate is valid for six months, and may be extended to allow for the assets of the estate to be distributed (Amend BPC § 7631). Prior Law – No timeframe for a temporary license.
    3. Embalming – Requires human remains embalmed "in or at the direction of" a funeral establishment must be embalmed by a licensed embalmer or apprentice embalmer (Amend BPC § 7632). Prior Law – Required human remains embalmed "in" a funeral establishment must be embalmed by a licensed embalmer or apprentice embalmer.
    4. Surrender Human Remains – Adds refusal to promptly surrender personal effects, and any Death Certificate or Permit for Disposition as a ground for disciplinary action (Amend BPC § 7706), and a misdemeanor (Amend HSC § 7053). Prior Law – Refusal to promptly surrender human remains is a ground for disciplinary action; and detaining for a charge, or failure to release human remains is a misdemeanor.
    5. Cemetery Contracts – Adds "the space and location sold" to the requirements for contracts for interment plots or any service or merchandise sold by a cemetery authority, cemetery broker or salesperson (Amend HSC § 8277). Prior Law – Requires specified items must be included and disclosed on contracts.
    6. Technical corrections and conforming amendments – Corrects references to the Health and Safety Code (Amend BPC § 7649); the license renewal cycle (Amend BPC § 7725); the Bureau (Amend BPC § 9653). Technical, conforming cleanup to AB 408 (Chapter 305, Statutes of 2001) which requires the licensure of all crematories (Amend BPC §§ 9719, 9768, 9788, and Add BPC § 9781.5).

2002 Summary of Legislation