CEMETERY AND FUNERAL BUREAU

1625 North Market Blvd., Suite S-208, Sacramento, CA 95834 Phone (916) 574-7870 / Fax (916) 928-7988 www.cfb.ca.gov

FACTS AT A GLANCE

BUREAU STAFF

Bureau Chief Deputy Bureau Chief Legislative Contact

Lisa Moore Linda Kassis Cheryl Jenkins

LAWS AND REGULATIONS

Business and Professions Codes §§ 7600 – 7746 (Cemetery and Funeral Law)

Title 16, Division 12, California Code of Regulations §§ 1200 – 1291 (Funeral Law) Title 16, Division 23, California Code of Regulations §§ 2300 – 2390 (Cemetery Law)

Health and Safety Code §§ 7000 – 9677 Health and Safety Code §§ 102100 – 103800

Government Code §§ 27460 – 27530 Welfare & Institutions Code §§ 11150 – 11160 / 11200 – 11217 / 17400 - 17410

BUDGET ACT OF 2015: FY 2015-16

Cemetery Fund $2,688,000 Authorized positions: 13.9 Funeral Directors and Embalmers Fund $1,839,000 Authorized positions: 7.6 TOTAL $4,527,000 Authorized positions: 21.5

ADVISORY COMMITTEE MEMBERS

Total Members: 7 Public Members: 3 Professional Members: 4

SUNSET REVIEW

Last review: 2015 Next review: 2020

LICENSEE STATISTICS License Category Number of Licenses

Cemetery Cemetery Manager Cemetery Broker Cemetery Broker Additional Cemetery Broker Branch Cemetery Salesperson Crematory Crematory Manager Cremated Remains Disposer Funeral Establishment Funeral Director Embalmer Apprentice Embalmer

Total

196 355 188 15 80 4,151 226 571 231 1,055 2,748 1,972 335

12,123

FEES*

Cemetery Salesperson ACTUAL FEE STATUTORY LIMIT

License Fee $30 $30 Annual Renewal Fee $25 $25

Funeral Director ACTUAL FEE STATUTORY LIMIT

License Fee $200 $200

Examination Fee $100 $100 TOTAL LICENSURE FEE $300 –

Annual Renewal Fee 200 200

Embalmer ACTUAL FEE STATUTORY LIMIT

Application/Exam/License Fee Annual Renewal Fee $150 $100 $150 $125

*The Program licenses additional categories that can be found in Title 16, Division 12, California Code of Regulations §1257, Title 16, Division 23, California Code of Regulations §§ 2310 – 2324, Business and Professions Code §§ 7729, 9700, 9717, 9741, 9750.5 – 9756, 9759 – 9766, 9781, and 9786.

LICENSING REQUIREMENTS

Professional Schooling Examination Continuing Competency/Education Fingerprinting Requirement YES YES NO YES

DETAILS

PROGRAM BACKGROUND

The Cemetery and Funeral Bureau (Bureau) has regulatory oversight of private and fraternal cemeteries, crematories, crematory managers, cemetery managers, cemetery brokers, cemetery salespersons, cremated remains disposers, funeral establishments, funeral directors, apprentice embalmers, and embalmers licensed by the State of California. Two separate boards previously regulated the industry until 1996, when legislation transferred the responsibilities to the Department of Consumer Affairs (Department). In January 2000, the Bureau was created.

The Bureau has statutory authority to enforce the licensing and practice acts in the applicable Business and Professions Code, California Code of Regulations, and the Health and Safety Code related to the funeral, cemetery and crematory industries. In doing so, the Bureau licenses, regulates, inspects, and investigates complaints against licensees and examines cemetery endowment care and special care trust funds and funeral trust funds.

NOTE: The State does not license cemeteries operated by religious organizations; cities, counties, or cemetery districts; the military; Native American tribal organizations; or other groups.

LICENSE REQUIREMENTS – Business and Professions Code §§ 7615-7671

Cemetery – A place where human remains are interred.  Fill out a form and pay a fee.  Substantial other requirements can be found at Title 16, Division 23, California Code of Regulations § 2326.

Cemetery manager – Maintains and operates a cemetery licensed by the Bureau.  High school diploma or equivalent.  Must be at least 18 years of age.  Must be a California resident.

Cemetery broker – Sells cemetery property or interment services in a cemetery and employ cemetery salespeople.  Two years working as a Cemetery Salesperson; OR,  Two years general cemetery experience.  Must be a California resident.

Cemetery salesperson – Sells cemetery property or interment services in a cemetery under a cemetery broker.  No experience or education requirements.

Crematory – A place where human remains are cremated.  Fill out a form and pay a fee.  Substantial other requirements can be found at Title 16, Division 23, California Code of Regulations § 2326.

Crematory manager – Manages, maintains, and operates a crematory cremating human remains.  High school diploma or equivalent.  Must be at least 18 years of age.  Must be a California resident.

Cremated remains disposer – Disposes of cremated human remains by scattering over land or sea.  No experience or education requirements.

Funeral establishment – A place of business devoted exclusively to those activities related to the preparation and arrangements, financial and otherwise, for the funeral, transportation, burial or other disposition of human remains.  All individuals or officers of the corporation, association, or partnership and trustees must be at least 18 years old.

Funeral director – Directs and supervises transport, burial, or disposal of human remains and may manage a funeral establishment.  Must be at least 18 years of age.  Associate degree or its equivalent; AND,  Passage of Bureau exam.

Embalmer – Disinfects, preserves, and prepares human remains and supervises apprentice embalmers.  Graduated from a mortuary science program approved by the Bureau and accredited by the American Board of Funeral Service Education; AND,  Passage of the Bureau exam and the National Board exam; AND,  Two years of apprenticeship under an embalmer licensed and engaged in practice as an embalmer in this state; OR,  Three years licensure and practice within the preceding seven years in any other state or country.

Apprentice embalmer – Engaged in the study of embalming under instruction and supervision of a licensed embalmer.  High school diploma or equivalent.  Must be at least 18 years of age.

RECIPROCITY

The Bureau does not offer reciprocity with other states.

ADVISORY COMMITTEE MEMBERS**

Name Appointment Expiration Date Appointment Authority/Type

Senate Confirmation

Christopher Donhost

August 31, 2017 Darin Drabing August 31, 2017 Jolena Grande August 31, 2017 Gerard Reinert August 31, 2017 Tracy Hughes August 31, 2017 Bureau Chief/Professional

Bureau Chief/Professional

Bureau Chief/Professional

Bureau Chief/Professional

Bureau Chief/Public NO

NO

NO

NO

NO

Maria Mangini August 31, 2017 Public NO

Suzette Sherman August 31, 2017 Bureau Chief/Public NO

** The Bureau’s Advisory Committee consists of seven members, including three public members and four professional members. The Bureau Chief appoints all Advisory Committee members.

LEGISLATIVE HISTORY

AB 180 (Bonilla, Chapter 395, Statutes of 2015) merges the Cemetery Act with the Funeral Directors and Embalmers Act and merges the Cemetery and Funeral Bureau’s (Bureau) two separate special funds, the latter of which will take effect July 1, 2016. The bill also schedules the Bureau for sunset review as if it were set to sunset on January 1, 2020, and requires the Bureau to conduct a study and report to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development by January 1, 2018, on the sufficiency of endowment care funds used by cemeteries for future operations.

AB 181 (Bonilla, Chapter 430, Statutes of 2015) clarifies existing requirements for funeral establishments to post a list of goods and services on their website.

SB 1291 (Nielsen, Chapter 276, Statutes of 2014) authorizes the Halcumb Cemetery District, located in Shasta County, to inter a limited number of nonresidents and nonproperty taxpayers to help it maintain its financial viability.

SB 119 (Calderon, Chapter 205, Statutes of 2013) authorizes crematories to incinerate one or more American flags during specified periods.

SB 159 (Fuller, Chapter 55, Statutes of 2013) authorizes the Kern River Valley Cemetery District to inter a limited number of nonresidents and nonproperty taxpayers.

SB 184 (Committee on Governance and Finance, Chapter 210, Statutes of 2013) makes several minor and noncontroversial technical changes to existing law related to

local government. Among these changes is the expansion of the definition of family member under the Public Cemetery District Law to include a person’s domestic partner.

AB 1777 (Ma, Chapter 79, Statutes of 2012) allows the transfer of cremated remains from a durable container to a “scattering urn” within seven days of scattering remains at sea from a boat.

AB 374 (Hill, Chapter 364, Statutes of 2012) allows an applicant to proceed with the assignment of a funeral establishment license by requesting approval from the Bureau to post and maintain a bond in an amount equal to 50 percent greater than the corpus of the trust guaranteeing the payment of any shortages in the establishment’s trust funds in the absence of an unqualified audit due to estate matters or litigation.

SB 658 (Negrete McLeod, Chapter 386, Statutes of 2011) requires a funeral establishment that maintains a web site to post a list of funeral goods and services.