SECTIONS 7660-7671 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7660-7671

7660. An apprentice embalmer is a person engaged in the study of
embalming under the instruction and supervision of a licensed
embalmer who has had at least two years' practical experience as a
California licensed embalmer.

7661. An application for registration as an embalmer's apprentice
shall be made upon a form provided by the bureau, verified by the
applicant and accompanied by the fee fixed by this chapter.

7662. In order to qualify as an apprentice embalmer, an 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) Do one of the following:
(1) Furnish proof showing completion of a high school course.
(2) Furnish the bureau with evidence that he or she 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 that the license has never been suspended
or revoked for unethical conduct.
(3) 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.

7664. Certificates of apprenticeship issued pursuant to this
article shall expire when the holder has been issued a license as an
embalmer, or six years from the date of registration, whichever first
occurs. The certificates may not be renewed, but an apprentice
embalmer who has not completed his or her term of apprenticeship at
the time his or her certificate expires may apply for reregistration
upon compliance with Section 7661. The bureau may, when the
circumstances warrant, allow an apprentice credit under a
reregistration for the time actually served under a previous
registration, but no reregistration shall have the effect of
continuing the term of apprenticeship beyond the period specified in
Section 7666.

7665. All registered apprentice embalmers shall comply with the
following requirements during their period of apprenticeship:
(a) Shall file a report of apprenticeship as follows:
(1) On or before January 15 of each year covering the period of
apprenticeship ending as of December 31 preceding.
(2) Upon change of supervising embalmer or employer, or both.
(3) Upon completion of apprenticeship.
(4) Upon application for leave of absence for a period in excess
of 15 days.
(5) Upon suspending apprenticeship to attend a mortuary science
program.
(6) Upon application for reregistration after suspension or
revocation of registration if a complete report of previous
registration has not been filed.
(b) The information contained in the report shall consist of a
concise summary of the work done by the apprentice during the period
covered thereby, shall be verified by the apprentice and certified to
as correct by his or her supervising embalmer and employer. Upon
request of the bureau, each funeral director in whose establishment
an apprenticeship is being, or has been, served, and each embalmer
under whose instruction or supervision an apprenticeship is being or
has been served, shall promptly file with the bureau a report or such
other information as may be requested relating to the
apprenticeship. Failure to comply with the request is cause for
revocation by the bureau of the approval granted to the funeral
director or embalmer for the training of apprentices and is also a
cause for disciplinary action against the funeral director or
embalmer.

7666. (a) The term of apprenticeship shall be two years. However,
if an apprentice after having served his or her apprenticeship fails
to pass the examinations required for an embalmer's license, he or
she may continue for one additional term of apprenticeship, which
shall be the maximum apprenticeship permitted and provided further
that an apprentice may, upon filing an application therefor, be
permitted to continue the apprenticeship for a period not to exceed
six months, if approved, for any of the following reasons:
(1) While awaiting the processing of applications submitted to the
bureau.
(2) While awaiting notification of grades of examinations required
under Section 7646.
(3) While awaiting the commencement of a class of a mortuary
science program when the apprentice intends to enroll in the program.
Applications filed for an extension of apprenticeship shall be
filed by the applicant with the bureau not fewer than 15 days prior
to the date the applicant requests the extension to commence.
(b) Terms of apprenticeship may be served before, after, or
divided by the mortuary science program at the option of the
apprentice; provided, however, that the term of apprenticeship must
be completed, excluding time spent in active military service, within
six years from the date of original registration, or from the date
an apprentice successfully passes the examinations for an embalmer's
license required in Section 7646, whichever first occurs, and
provided further that if the term of apprenticeship is not completed
within the six-year period, the bureau may require that the applicant
serve the additional term of apprenticeship, not to exceed two
years.
(c) A student attending a mortuary science program may register as
an apprentice during the program term but shall receive no credit
for apprenticeship on the term required by this code unless he or she
is also a full-time employee of a funeral director.
(d) An apprentice while serving his or her required term of
apprenticeship shall be a full-time employee in the funeral
establishment in which he or she is employed.

7667. (a) The bureau shall have the power to grant leaves of
absence and extensions of leaves of absence and approve absences
during the term of apprenticeship.
(b) A leave of absence, including any extensions, shall not be
approved for a longer period than an aggregate of one year.
(c) No credit will be given to an apprentice on his or her
apprenticeship for the period during which he or she is absent from
duty on leave.
(d) Application for a leave of absence and for an extension
thereof shall be made by the apprentice on a form provided by the
bureau.
(e) Upon termination of a leave of absence, the apprentice shall
report that fact to the bureau within 10 days of his or her
resumption of apprenticeship by returning to the bureau, his or her
certificate of registration accompanied by a statement as to the
resumption of apprenticeship which statement shall be certified as
correct by the funeral director in whose establishment he or she is
to resume his or her duties and by the embalmer under whose
supervision he or she is to resume his or her apprenticeship.
(f) Failure to report within 10 days after the expiration date of
any leave of absence shall be cause for cancellation of the
registration of an apprentice.

7668. The bureau may suspend or revoke a certificate of
apprenticeship, after notice and upon complaint and hearing in
accordance with the provisions of Article 6, if the apprentice is
guilty of any of the following acts or omissions:
(a) Failure to devote full-time employment to the duties of his or
her apprenticeship.
(b) Failure to make any report required by this chapter.
(c) Absence from duty except as provided in this code.
(d) Being on duty as an apprentice while under the influence of
any controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Article 2 (commencing with Section 4015) of Chapter 9
of the Business and Professions Code, or alcoholic beverages or other
intoxicating substances, to an extent dangerous or injurious to
himself, herself, any person, or the public to the extent that such
use impairs his or her ability to conduct with safety to the public
the practice authorized by his or her certification.
(e) Disobedience of proper orders or instructions of his or her
superior.
(f) Violation of any provision of this chapter or any rule or
regulation of the bureau.
(g) Soliciting business for a funeral director or for an embalmer
in violation of this chapter.
(h) Fraud or misrepresentation in obtaining a certificate of
registration as an apprentice.
(i) Conviction of a crime substantially related to the
qualifications, functions and duties of an apprentice, in which case
the record of conviction, or a certified copy, shall be conclusive
evidence of the conviction.

7669. An apprentice who has had his or her certificate of
apprenticeship suspended or revoked may, within one year after the
suspension or revocation apply for reregistration upon compliance
with the law in effect at the time he or she so applies and payment
of the apprentice application fee fixed by this chapter. No
reregistration shall have the effect of continuing an apprenticeship
beyond the period specified in Section 7666.
The bureau may, when the circumstances warrant, allow an
apprentice credit under a reregistration for the time actually served
under a previous registration, but if the previous registration has
been suspended or revoked for unprofessional conduct, not more than
75 percent of the time previously served shall be credited on the
reregistration.

7670. (a) The apprenticeship required by this article shall be
served in a licensed funeral establishment that shall have been
previously approved for apprenticeship training by the bureau. In
order to qualify for approval the funeral director shall submit to
the bureau an application, accompanied by the fee fixed by this
chapter, showing:
(1) That not less than 50 human remains per apprentice employed
have been embalmed in the establishment during the 12 months
immediately preceding the date of the application.
(2) That the applicant has, and will continue to have, in
full-time employment, for each two apprentices employed in his or her
establishment, a California embalmer who has had not less than two
years' practical experience as a California licensed embalmer
immediately preceding the date of the application.
(3) That the licensed funeral establishment of that applicant
meets the requirements of law as to equipment, cleanliness and
sanitation as determined by an inspection report filed with the
bureau.
(b) Licensed funeral establishments under common ownership within
close geographical proximity of each other may request any of the
following from the bureau:
(1) To be treated in aggregate for the purpose of meeting the
requirements of paragraph (1) of subdivision (a).
(2) To designate one additional supervising embalmer per
registered apprentice.
(3) To allow a registered apprentice to serve in any or all of the
licensed funeral establishments requested and approved pursuant to
this section.
(c) Approval granted under this section shall be renewed annually
upon application by the funeral director, showing continued
compliance with the foregoing provisions of this section, filed with
the bureau not later than January 15 of each year. An application for
renewal shall be accompanied by the fee fixed by this chapter.

7671. No person who is a duly registered apprentice or a student at
an approved mortuary science program in California at the time of
any amendment to this chapter raising the requirements for apprentice
embalmers or license as an embalmer shall be required to comply with
the provisions of that amendment.