SECTIONS 7685-7685.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7685-7685.6

7685. (a) Every funeral director shall provide to any person, upon
beginning discussion of prices or of the funeral goods and services
offered, a written or printed list containing, but not necessarily
limited to, the price for professional services offered, which may
include the funeral director's services, the preparation of the body,
the use of facilities, and the use of automotive equipment. All
services included in this price or prices shall be enumerated.
(b) The list shall also include a statement indicating that the
survivor of the deceased who is handling the funeral arrangements, or
the responsible party, is entitled to receive, prior to the drafting
of any contract, a copy of any preneed agreement that has been
signed and paid for, in full or in part, by or on behalf of the
deceased, and that is in the possession of the funeral establishment.
(c) The funeral director shall also provide a statement on that
list that gives the price range for all caskets offered for sale. The
funeral director shall also provide a written statement or list
that, at a minimum, specifically identifies a particular casket or
caskets by price and by thickness of metal, or type of wood, or other
construction, interior and color, in addition to other casket
identification requirements under Title 16, Code of Federal
Regulations, Part 453 and any subsequent version of this regulation,
when a request for specific information on a casket or caskets is
made in person by any individual. Prices of caskets and other
identifying features such as thickness of metal, or type of wood, or
other construction, interior and color, in addition to other casket
identification requirements required to be given over the telephone
by Title 16, Code of Federal Regulations, Part 453 and any subsequent
version of this regulation, shall be provided over the telephone, if
requested.

7685.1. (a) The funeral director shall in a conspicuous manner
place the price on each casket. Individual price tags on caskets
shall include the thickness of metal, or type of wood, or other
construction, as applicable, in addition to interior and color
information. Each casket shall be priced individually, irrespective
of the type of service purchased. If a funeral director advertises a
funeral service for a stated amount, he or she shall display in a
reasonably convenient location in the showroom and have available for
sale, any casket which is used for determining that price.
(b) No funeral director shall charge the survivor of the deceased
who is handling the funeral or burial arrangements or the responsible
party a handling fee for a casket supplied by the survivor or
responsible party.
(c) No funeral director or embalmer shall charge any additional
fee for handling or embalming a body when death was due to a
contagious or infectious disease.

7685.2. (a) No funeral director shall enter into a contract for
furnishing services or property in connection with the burial or
other disposal of human remains until he or she has first submitted
to the potential purchaser of those services or property a written or
printed memorandum containing the following information, provided
that information is available at the time of execution of the
contract:
(1) The total charge for the funeral director's services and the
use of his or her facilities, including the preparation of the body
and other professional services, and the charge for the use of
automotive and other necessary equipment.
(2) An itemization of charges for the following merchandise as
selected: the casket, an outside receptacle, and clothing.
(3) An itemization of fees or charges and the total amount of cash
advances made by the funeral director for transportation, flowers,
cemetery or crematory charges, newspaper notices, clergy honorarium,
transcripts, telegrams, long distance telephone calls, music, and any
other advances as authorized by the purchaser.
(4) An itemization of any other fees or charges not included
above.
(5) The total of the amount specified in paragraphs (1) to (4),
inclusive.
If the charge for any of the above items is not known at the time
the contract is entered into, the funeral director shall advise the
purchaser of the charge therefor, within a reasonable period after
the information becomes available. All prices charged for items
covered under Sections 7685 and 7685.1 shall be the same as those
given under such sections.
(b) A funeral establishment shall obtain from the person with the
right to control the disposition pursuant to Section 7100 of the
Health and Safety Code, or the person prearranging the cremation and
disposition of his or her own remains, a signed declaration
designating specific instructions with respect to the disposition of
cremated remains. The bureau shall make available a form upon which
the declaration shall be made. The form shall include, but not be
limited to, the names of the persons with the right to control the
disposition of the cremated remains and the person who is contracting
for the cremation services; the name of the deceased; the name of
the funeral establishment in possession of the remains; the name of
the crematorium; and specific instructions regarding the manner,
location, and other pertinent details regarding the disposition of
cremated remains. The form shall be signed and dated by the person
arranging for the cremation and the funeral director, employee, or
agent of the funeral establishment in charge of arranging or
prearranging the cremation service.
(c) A funeral director entering into a contract to furnish
cremation services shall provide to the purchaser of cremation
services, either on the first page of the contract for cremation
services, or on a separate page attached to the contract, a written
or printed notice containing the following information:
(1) A person having the right to control disposition of cremated
remains may remove the remains in a durable container from the place
of cremation or interment, pursuant to Section 7054.6 of the Health
and Safety Code.
(2) If the cremated remains container cannot accommodate all
cremated remains of the deceased, the crematory shall provide a
larger cremated remains container at no additional cost, or place the
excess in a second container that cannot easily come apart from the
first, pursuant to Section 8345 of the Health and Safety Code.

7685.3. The current address, telephone number, and name of the
Department of Consumer Affairs, Cemetery and Funeral Bureau shall
appear on the first page of any contract for goods and services
offered by a funeral director. At a minimum, the information shall be
in 8-point boldface type and make this statement:

"FOR MORE INFORMATION ON FUNERAL, CEMETERY, AND CREMATION MATTERS,
CONTACT: DEPARTMENT OF CONSUMER AFFAIRS, CEMETERY AND FUNERAL BUREAU
(ADDRESS), (TELEPHONE NUMBER)."

7685.5. (a) The bureau shall make available to funeral
establishments and cemetery authorities a copy of a consumer guide
for funeral and cemetery purchases for purposes of reproduction and
distribution. The funeral and cemetery guide that is approved by the
bureau, in consultation with the funeral and cemetery industries and
any other interested parties, shall be made available in printed form
and electronically through the Internet.
(b) A funeral establishment shall prominently display and make
available to any individual who, in person, inquires about funeral or
cemetery purchases, a copy of the consumer guide for funeral and
cemetery purchases, reproduced as specified in subdivision (a).
(c) Prior to the drafting of a contract for funeral services, the
funeral establishment shall provide, for retention, the consumer with
a copy of the consumer guide for funeral and cemetery purchases
described in subdivisions (a) and (b).

7685.6. (a) Every funeral establishment, prior to drafting any
contract for funeral goods or services, shall present to the survivor
of the deceased who is handling the funeral arrangements, or the
responsible party, a statement disclosing whether or not the funeral
establishment has any preneed agreement made by or on behalf of the
deceased. If the funeral establishment has a preneed agreement made
by or on behalf of the deceased, the statement shall also declare the
establishment's compliance with Section 7745. The disclosure
statement shall be signed and dated by the representative of the
funeral establishment and by the survivor or responsible party. The
completed disclosure statement shall be retained by the funeral
establishment for a period of time determined by the bureau, and a
copy shall be given to the survivor or responsible party.
(b) The bureau shall develop a form, in consultation with the
funeral industry and any other interested parties, that is separate
and distinct from other forms, upon which the disclosure statement
shall be made. The bureau shall make the form available to funeral
establishments for purposes of reproduction and distribution, and the
form shall also be available electronically through the Internet.
The form shall be simple and easy to read and shall include all of
the following:
(1) The definition of a preneed arrangement, adopted by the bureau
by regulation.
(2) A statement of the funeral establishment's responsibilities
under Section 7745.
(3) Information about how the consumer may contact the bureau for
more information or how to file a complaint against a licensee.
(c) A violation of this section constitutes grounds for
disciplinary action.
(d) This section shall become operative July 1, 2002.