2015 Summary of Regulations
California Code of Regulations Section 1209 (Amended)
Section 1209 was amended to strike sanitation regulation for ambulances since they are no longer used by the funeral industry as decedent removal vehicles; require hearses and first-call or pickup cars under the control and operation of the funeral establishment to be kept clean and sanitary; and prohibit these decedent removal vehicles from exuding "noxious" odors.
California Code of Regulations Section 1214 (Amended)
Section 1214 was amended to update the embalming authorization form and rename it to Authorization to Accept or Decline Embalming; allow the form to be separate or combined with another document (i.e., it can be back-to-back with another form); and require a representative of the funeral establishment sign the form.
California Code of Regulations Section 1216 (Amended)
Section 1216 was amended to impose sanitation requirements on refrigeration facilities.
California Code of Regulations Section 1221 (Amended)
Section 1221 was amended to clarify that students from accredited mortuary science programs approved by the bureau are allowed in the embalming and/or storage room while human remains are being embalmed/prepared for disposition; and remove authority for duly accredited nurses and members of the immediate family in the embalming and/or storage room while human remains are being embalmed/prepared for disposition, and allow persons who have been authorized by the person with right to control disposition to also be present in the embalming and/or storage room while human remains are being embalmed/prepared for disposition
California Code of Regulations Section 1255 (Amended)
Section 1255 was amended to require refrigeration facilities to comply with the posting requirement in Section 1221.
California Code of Regulations Section 1258 (Amended)
Section 1258 was amended to modify the casket disclaimer to read "There is no evidence that any casket represented as having protective features, which may include a gasket, will preserve human remains."; require the Casket Price List identify all caskets having or represented as having a sealing device; and remove the requirement that the casket disclaimer be placed in or on each casket physically or photographically displayed and represented as having a sealing device.
California Code of Regulations Section 1258.1 (Amended)
Section 1258.1 was amended to remove the requirement to identify the exterior wood color of a casket as dark, medium, or light; remove the requirement that infant/child casket and adult casket price ranges be listed separately and instead require a casket price range for all caskets regularly offered for sale and all alternative containers regularly offered for sale; remove the requirement that the casket price range to be included on the Casket Price List; require representations of caskets regularly offered for sale be physically or photographically displayed; and define "casket", "alternative container", and "regularly offered for sale."
California Code of Regulations Section 1258.2 (Amended)
Section 1258.2 was amended to require a rental casket be called a "rental" casket; strike the existing definition of casket for the purpose of Business and Professions Code section 7702; remove the requirement to obtain written acknowledgement from the renter that the casket is a rental casket and require the rental casket be listed on the contract for goods and services when used; and require rental caskets be listed on the Casket Price List and physically or photographically displayed.
California Code of Regulations Section 1258.3 (Repealed)
Section 1258.3 was repealed to remove duplicative language from regulation; the requirements from this section can be found in Business and Professions Code section 7685.3.
California Code of Regulations Section 1258.4 (Amended)
Section 1258.4 was amended to make a technical change to the statute referenced.
California Code of Regulations Section 2382 (Amended)
Section 2382 was amended to authorize the bureau chief or his or her designee to issue citations containing orders of abatement and assess administrative fines for any violation of the statutes and regulations enforced by the bureau including Part 1 (commencing with section 8100), Part 3 (commencing with section 8250), and Part 5 (commencing with section 9501) of Division 8 of the Health and Safety Code; clarify that each citation will contain a statement informing the licensee of the right to contest the citation and request a hearing pursuant to Business and Professions Code section 125.9 and Section 2386 of this article; clarify that citations may contain an assessment of an administrative fine, an order of abatement fixing a reasonable period of time for abatement of the violation, or both, and the citation will be served following the requirements of Government Code (GC) section 11505(c); increase the maximum fine for each inspection or each investigation made with respect to the violation to $5,000 pursuant to the authority of Business and Professions Code section 125.9; and clarify that payment of any fine does not constitute an admission of the violation charged.
California Code of Regulations Section 2383 (Amended)
Section 2383 was amended to eliminate the specific classes of violations and associated fine range; and increase the minimum administrative fine to $100 and the maximum fine to $5,000 for each inspection or each investigation made with respect to the violation.
California Code of Regulations Section 2384 (Amended)
Section 2384 was amended to make technical non-substantive changes, including removing reference to the bureau chief and changing "department's" to "bureau's."
California Code of Regulations Section 2385 (Amended)
Section 2385 was amended to rename this section to Citation; Extension of Time and Failure to Comply or Pay; clarify that if a cited person or entity is unable to complete an order of abatement in the allotted time, the cited person or entity may submit a request for an extension of time in writing to the bureau chief; clarify the contest provision is applicable to a person or entity who is issued a citation containing an assessment of an administrative fine, as well as to a person or entity who has been issued a citation with an order of abatement; establish a 30 day timeline to contest the citation; clarify that failure to comply within the specified time may subject the person or entity to disciplinary action; and make clear that unpaid fines will be added to the licensee's renewal and the license will not be renewed until the fine is paid.
California Code of Regulations Section 2386 (Amended)
Section 2386 was amended to rename the title of this section to Appeal of Citation; remove language regarding requesting a hearing within 10 days; add language that a cited person or entity may contest a citation by submitting a written request for a hearing to the bureau chief within 30 days; clarify that hearings shall be conducted in accordance with the provisions of Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and sets forth aspects of a citation a cited person or entity may contest; remove language regarding holding an informal office conference within 30 days from the receipt of the request for an appeal; remove language regarding providing a decision within 10 days of the informal conference; add language that failure to appear for a requested hearing shall constitute a withdrawal of the appeal and makes clear that the citation will be considered a final order; and remove subsection (c).
California Code of Regulations Section 2386.5 (Adopted)
Section 2386.5 was adopted to make clear for a cited person or entity the informal office conference process and their right to contest a citation; state that without waiving the right to contest the citation pursuant to subdivision (b)(4) of Business and Professions Code section 125.9, the cited person or entity may request an informal office conference within 10 days after service of the citation by submitting a written request to the bureau chief; require an informal office conference be held within 30 days of receipt of the request; require the cited person or entity be notified in writing of the outcome within 15 days of the conclusion of the conference; and state how the decision from an informal office conference will affect the cited person or entity's right to request a hearing to contest a citation
California Code of Regulations Section 2387 (Amended)
Section 2387 was amended to rename the title of this section to Citations; Unlicensed Activity; clarify the bureau chief or his or her designee is authorized to issue citations containing orders of abatement and assess administrative fines for unlicensed activity; increase the minimum administrative fine from $250 to $1,001 and the maximum administrative fine from $2,500 to $5,000; and reference that the provisions of Business and Professions Code section 125.9 shall apply to the issuance of citations for unlicensed activity.
California Code of Regulations Section 2388 (Amended)
Section 2388 was amended to make technical non-substantive changes to clarify that the bureau chief, or his or her designee, has authority to assess fines; clarify a cited person or entity may request an informal office conference regarding the violations charged in the citation within 10 days after service of the citation; and update reference to the informal office conference section which changed to 2386.5.
