Health and Safety Code — Part 83 | HSC — United States — California law | Esheria

Health and Safety Code

Part 83 of 87 · provisions 16,401–16,600

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 6970.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    A public agency must not form a zone that includes territory already in another zone.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6970. No public agency shall form a zone which includes any territory already included within another zone. (Added by Stats. 1977, Ch. 1125.)
  2. 6971.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    A public agency must not form a zone if doing so would allow land uses that conflict with county or city land-use plans or rules.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6971. No public agency shall form a zone if such formation will permit other land uses which are not consistent with the general plans, zoning ordinances, or other land use regulations of any county or city within which the proposed zone is located. (Added by Stats. 1977, Ch. 1125.)
  3. 6972.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    After the zone is formed, the public agency must levy taxes for the zone’s purposes only on property taxable in the zone.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6972. After the formation of the zone pursuant to this article, all taxes levied to carry out the purposes of the zone shall be levied exclusively upon the property taxable in the zone by the public agency. (Added by Stats. 1977, Ch. 1125.)
  4. 6973.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    If the board does not form a zone, abandons the proposal, or voters do not confirm formation, no further proceedings may be taken, and the public agency must wait at least one year before acting on a substantially similar proposal for the same territory.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6973. If the board does not form a zone after the close of a hearing in accordance with Section 6967 and no petition is filed pursuant to Section 6967, or if the board abandons proceedings on the proposal to form a zone, or if the formation of a zone is not confirmed by the voters, no further proceeding shall be taken thereon. No application for a subsequent proposal involving substantially the same territory and undertaken pursuant to the provisions of this chapter shall be considered or acted upon by the public agency for at least one year after the date of disapproval of, abandonment of, or election on the proceedings. (Amended by Stats. 1978, Ch. 445.)
  5. 6974.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    Territory within a public agency may be annexed to a zone if it is not already part of another zone.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6974. Territory within the public agency may be annexed to a zone, provided that such territory is not part of another zone. The requirements and proceedings for the annexation of territory shall be the same as the requirements and proceedings for formation of a zone. (Added by Stats. 1978, Ch. 445.)
  6. 6974.5.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    The board may detach land from a zone if it finds the land will not benefit from staying in the zone, after notice and hearing.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 2. Formation [6955 - 6974.5] ( Article 2 added by Stats. 1977, Ch. 1125. ) ## 6974.5. Land already a part of a zone may be detached if the board finds and determines, following notice and hearing in the same manner provided for formation of the zone, that the land will not be benefitted by its continued inclusion in the zone. (Added by Stats. 1978, Ch. 445.)
  7. 6975.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    An on-site wastewater disposal zone may be formed to meet water-quality and public-health objectives, and once formed the public agency has the article’s powers and must use them for the zone.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6975. An on-site wastewater disposal zone may be formed to achieve water quality objectives set by regional water quality control boards, to protect existing and future beneficial water uses, protect public health, and to prevent and abate nuisances. Whenever an on-site wastewater disposal zone has been formed pursuant to this chapter, the public agency shall have the powers set forth in this article, which powers shall be in addition to any other powers provided by law. A public agency shall exercise its powers on behalf of a zone. (Added by Stats. 1977, Ch. 1125.)
  8. 6976.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    An on-site wastewater disposal zone has specific powers to manage wastewater, systems, investigations, and rules.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6976. An on-site waste water disposal zone shall have the following powers: (a) To collect, treat, reclaim, or dispose of waste water without the use of communitywide sanitary sewers or sewage systems and without degrading water quality within or outside the zone. (b) To acquire, design, own, construct, install, operate, monitor, inspect, and maintain on-site wastewater disposal systems, not to exceed the number of systems specified pursuant to either Section 6960 or Section 6960.1, within the zone in a manner which will promote water quality, prevent the pollution, waste, and contamination of water, and abate nuisances. (c) To conduct investigations, make analyses, and monitor conditions with regard to water quality within the zone. (d) To adopt and enforce reasonable rules and regulations necessary to implement the purposes of the zone. Such rules and regulations may be adopted only after the board conducts a public hearing after giving public notice pursuant to Section 6066 of the Government Code. (Amended by Stats. 1978, Ch. 445.)
  9. 6977.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    The public agency must take reasonably necessary steps to secure compliance with pollution- and waste-related laws, and its authorized representative may enter premises to inspect certain sources.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6977. The public agency shall do all such acts as are reasonably necessary to secure compliance with any federal, state, regional, or local law, order, regulation, or rule relating to water pollution or the discharge of pollutants, waste, or any other material within the zone. For such purpose, any authorized representative of the public agency, upon presentation of his credentials, or, if necessary under the circumstances, after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, shall have the right of entry to any premises on which a water pollution, waste, or contamination source, including, but not limited to, septic tanks, is located for the purpose of inspecting such source, including securing samples of discharges therefrom, or any records required to be maintained in connection therewith by federal, state, or local law, order, regulation, or rule. (Amended by Stats. 1978, Ch. 445.)
  10. 6978.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    The board may abate qualifying violations as a public nuisance and may adopt a regulation-based procedure to recover abatement costs. Those costs are assessed against the real property, added to the next annual taxes, and can become a lien, subject to a bona fide purchaser/encumbrancer exception.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6978. (a) Violation of any of the provisions of a rule or regulation adopted pursuant to subdivision (d) of Section 6976 may be abated as a public nuisance by the board. The board may by regulation establish a procedure for the abatement of such a nuisance and to assess the cost of such abatement to the violator. If the violator maintains the nuisance upon real property in which he has a fee title interest, the assessment shall constitute a lien upon such real property in the manner provided in subdivision (b). (b) The amount of any costs, which are incurred by the zone in abating such a nuisance upon real property, shall be assessed to such real property and shall be added to, and become part of, the annual taxes next levied upon the real property subject to abatement and shall constitute a lien upon that real property as of the same time and in the same manner as does the tax lien securing such annual taxes. All laws applicable to the collection and enforcement of county ad valorem taxes shall be applicable to such assessment, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which such delinquent charges appear on the assessment roll, then a lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent and unpaid charges relating to such property shall be transferred to the unsecured roll for collection. Any amounts of such assessments collected are to be credited to the funds of the zone from which the costs of abatement were expended. (Added by Stats. 1977, Ch. 1125.)
  11. 6979.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    An owner may ask the public agency to replace or repair an on-site wastewater disposal system that is a public nuisance, and the board may authorize the work if it is feasible.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6979. (a) The owner of any real property upon which is located an on-site wastewater disposal system, which system is subject to abatement as a public nuisance by the public agency, may request the public agency to replace or repair, as necessary, such system. If replacement or repair is feasible, the board may provide for the necessary replacement or repair work. (b) The person or persons employed by the board to do the work shall have a lien, subject to the provisions of subdivision (b) of Section 6978, for work done and materials furnished, and the work done and materials furnished shall be deemed to have been done and furnished at the request of the owner. The zone, in the discretion of the board, may pay all, or any part, of the cost or price of the work done and materials furnished; and, to the extent that the zone pays the cost or price of the work done and materials furnished, the zone shall succeed to and have all the rights, including, but not limited to, the lien, of such person or persons employed to do the work against the real property and the owner. (Amended by Stats. 1978, Ch. 445.)
  12. 6980.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    A board may use a zone’s existing financial powers, but any assessment or tax on the zone’s real property remains subject to Sections 6978 and 6981.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6980. A board may exercise all of the public agency’s existing financial powers on behalf of a zone, excepting that any assessment or tax levied upon the real property of a zone shall be subject to the provisions of Sections 6978 and 6981. (Added by Stats. 1977, Ch. 1125.)
  13. 6981.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    A public agency may levy a benefit-based assessment for a zone, if the board determines it is reasonably proportional and the voters approve it.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6981. Notwithstanding any other provision of law, a public agency may levy an assessment reasonably proportional to the benefits derived from the zone, as determined by the board, and subject to the approval of the voters pursuant to the provisions of Article 6 (commencing with Section 2285) of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code. Such benefit assessment shall be in addition to any other charges, assessments, or taxes otherwise levied by the public agency upon the property in the zone. (Amended by Stats. 1978, Ch. 445.)
  14. 6982.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. )

    Verify source ↗

    The West Bay Sanitary District may use chapter procedures to provide alternative or innovative wastewater technologies in its jurisdiction, and a public health officer determination must include written findings adopted by the district board about any existing or potential public health hazard.

    ## Health and Safety Code - HSC ## DIVISION 6. SANITARY DISTRICTS [6400 - 6982] ( Division 6 enacted by Stats. 1939, Ch. 60. ) ## PART 2. OTHER SANITARY DISTRICT ACTS [6935 - 6982] ( Part 2 added by Stats. 1941, Ch. 990. ) ## CHAPTER 3. On-Site Wastewater Disposal Zones [6950 - 6982] ( Chapter 3 added by Stats. 1977, Ch. 1125. ) ## ARTICLE 3. Powers [6975 - 6982] ( Article 3 added by Stats. 1977, Ch. 1125. ) ## 6982. (a) Notwithstanding Section 6952, the West Bay Sanitary District may use the procedures in this chapter to provide alternative or innovative wastewater technologies in the district’s jurisdiction. (b) The determination of a public health officer pursuant to Section 6955.1 shall include written findings, adopted by the district board of directors, regarding the existing or potential public health hazard. (c) “Alternative or innovative wastewater technologies” means either (1) an onsite wastewater disposal system, as defined in Section 6952, or (2) such a system in conjunction with communitywide sewer or sewage systems, if one or more of the components of the system is located on or in close proximity to the real property and employs innovative or alternative wastewater technologies, including, but not limited to, grinder pump pressure sewer systems, septic tank effluent pump pressure sewer systems, vacuum sewer systems, or small-diameter gravity septic tank systems. (Amended by Stats. 2004, Ch. 193, Sec. 78. Effective January 1, 2005.)
  15. 7.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A public officer’s power or duty may be carried out by a deputy or a person the officer authorizes by law, unless this code says otherwise.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1939, Ch. 60.)
  16. 7000.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The definitions in this chapter apply to this division and certain related code divisions and chapters.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7000. The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of this code and Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code. (Amended by Stats. 2018, Ch. 571, Sec. 31. (SB 1480) Effective January 1, 2019.)
  17. 7001.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “human remains” or “remains” as the body of a deceased person, including cremated, reduced, or hydrolyzed remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7001. “Human remains” or “remains” means the body of a deceased person, regardless of its stage of decomposition, and includes cremated, reduced, or hydrolyzed human remains. (Amended by Stats. 2022, Ch. 399, Sec. 28. (AB 351) Effective January 1, 2023.)
  18. 7002.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cremated remains” as ashes and bone fragments left after cremation in a crematory, including ashes from the cremation container.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7002. “Cremated remains” means the ashes and bone fragments of a human body that are left after cremation in a crematory, and includes ashes from the cremation container. “Cremation remains” does not include foreign materials, pacemakers, or prostheses. (Amended by Stats. 2001, Ch. 436, Sec. 3. Effective January 1, 2002.)
  19. 7002.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolyzed human remains” as certain bone fragments left after hydrolysis in a hydrolysis facility, and says the term does not include foreign materials, pacemakers, or prostheses.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7002.5. (a) “Hydrolyzed human remains” means bone fragments of a human body that are left after hydrolysis in a hydrolysis facility. “Hydrolyzed human remains” does not include foreign materials, pacemakers, or prostheses. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 27. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  20. 7002.7.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines several terms used for natural, organic reduction of human bodies, including reduction facility, reduced human remains, reduction, reduction chamber, and reduced human remains container.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7002.7. (a) “Reduction facility” means a structure, room, or other space in a building or real property where natural, organic reduction of a human body occurs. (b) “Reduced human remains” means the remains of a human body that have been reduced to soil through a process of reduction. “Reduced human remains” does not include foreign materials, pacemakers, or prostheses. (c) “Reduction” means the process of transforming a human body into soil using the natural decomposition process, accelerated with the addition of organic materials through the following steps: (1) The body of a deceased person is mixed together with natural materials and air and is periodically turned, eventually resulting in the body’s reduction to a soil material. (2) Large tanks, containers, or similar vessels hold human remains together with straw, wood chips, or other natural materials until the process is complete. (3) The processing of the remains after removal from the reduction chamber pursuant to Section 7010.3. (d) “Reduction chamber” means the enclosed space within which individual human remains are reduced and any other attached, nonenclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. A reduction chamber shall meet or exceed the requirements set by the State Department of Public Health and the federal Centers for Disease Control and Prevention for destruction of human pathogens, including complying with Section 7714.3. (e) “Reduced human remains container” means a receptacle into which human remains are placed after reduction. (Added by Stats. 2022, Ch. 399, Sec. 29. (AB 351) Effective January 1, 2023.)
  21. 7003.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cemetery” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7003. (a) “Cemetery” means either of the following: (1) Any of the following that is used or intended to be used and dedicated for cemetery purposes: (A) A burial park, for earth interments. (B) A mausoleum, for crypt or vault interments. (C) A crematory and columbarium, for interment of cremated remains or hydrolyzed human remains. (2) A place where six or more human bodies are buried. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 28) and added by Stats. 2017, Ch. 846, Sec. 29. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  22. 7004.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “burial park” as land used or intended for burial of human remains and dedicated to cemetery purposes.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7004. “Burial park” means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes. (Enacted by Stats. 1939, Ch. 60.)
  23. 7005.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “mausoleum” for this code, with an exception for Part 5 of Division 8.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7005. Except in Part 5 (commencing with Section 9501) of Division 8, “mausoleum” means a structure or building for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated, for cemetery purposes. (Amended by Stats. 2001, Ch. 436, Sec. 5. Effective January 1, 2002.)
  24. 7006.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “crematory” as a building or structure with one or more furnaces used to reduce bodies of deceased persons to cremated remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006. “Crematory” means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains. (Enacted by Stats. 1939, Ch. 60.)
  25. 7006.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolysis facility” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.1. (a) “Hydrolysis facility” means a building or structure containing one or more chambers for the reduction of bodies of deceased persons by alkaline hydrolysis. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 30. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  26. 7006.3.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “Cremation chamber” means the enclosed space where cremation of human remains is performed.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.3. “Cremation chamber” means the enclosed space within which the cremation of human remains is performed. (Added by Stats. 1993, Ch. 1232, Sec. 6. Effective January 1, 1994.)
  27. 7006.4.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolysis chamber” and says allowable hydrolysis chambers for disposition of human remains must meet or exceed specified public health and CDC requirements. The section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.4. (a) “Hydrolysis chamber” means the enclosed space within which the hydrolysis of human remains is performed and any other attached, nonenclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. Allowable hydrolysis chambers for the disposition of human remains shall meet or exceed State Department of Public Health and federal Centers for Disease Control and Prevention requirements applicable for destruction of human pathogens, specified in the hydrolysis chamber approval issued pursuant to Section 7639.08 of the Business and Professions Code. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 31. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  28. 7006.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cremation container” as a combustible, closed container that resists leakage of bodily fluids and is used to hold a deceased person before cremation.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.5. “Cremation container” means a combustible, closed container resistant to leakage of bodily fluids into which the body of a deceased person is placed prior to insertion in a cremation chamber for cremation. (Added by Stats. 1993, Ch. 1232, Sec. 7. Effective January 1, 1994.)
  29. 7006.6.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolysis container” and says the wrapping must be made of 100% protein-based material.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.6. (a) “Hydrolysis container” means a hydrolyzable body wrapping into which the body of a deceased person is placed prior to insertion into a hydrolysis chamber. The wrapping must consist of 100-percent protein-based material, such as silk, suede, leather, feather, fur, or wool. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 32. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  30. 7006.7.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This provision defines “cremated remains container” as a receptacle used to hold cremated remains after cremation.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.7. “Cremated remains container” means a receptacle in which cremated remains are placed after cremation. (Added by Stats. 1993, Ch. 1232, Sec. 8. Effective January 1, 1994.)
  31. 7006.8.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolyzed human remains container” as a receptacle used to hold hydrolyzed human remains after hydrolysis.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7006.8. (a) “Hydrolyzed human remains container” means a receptacle in which hydrolyzed human remains are placed after hydrolysis. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 33. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  32. 7007.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “columbarium” for this code section, with an exception for Part 5 of Division 8.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7007. Except in Part 5 (commencing with Section 9501) of Division 8, “columbarium” means a structure, room, or other space in a building or structure containing niches for inurnment of cremated human remains in a place used, or intended to be used, and dedicated, for cemetery purposes. (Amended by Stats. 2001, Ch. 436, Sec. 6. Effective January 1, 2002.)
  33. 7008.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “crematory and columbarium” as a building or structure containing both a crematory and a columbarium.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7008. “Crematory and columbarium” means a building or structure containing both a crematory and columbarium. (Enacted by Stats. 1939, Ch. 60.)
  34. 7009.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “interment” as the disposition of human remains by burial, entombment, inurnment, placement, or burial at sea in the stated circumstances.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7009. “Interment” means the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or burial in a cemetery, or burial at sea as provided in Section 7117. (Amended by Stats. 1993, Ch. 1232, Sec. 9. Effective January 1, 1994.)
  35. 7010.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cremation” as a three-step process involving incineration, moving the body or remains during incineration, and processing the remains after removal from the cremation chamber.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010. “Cremation” means the process by which the following three steps are taken: (a) The reduction of the body of a deceased human to its essential elements by incineration. (b) The repositioning or moving of the body or remains during incineration to facilitate the process. (c) The processing of the remains after removal from the cremation chamber pursuant to Section 7010.3. (Amended by Stats. 2001, Ch. 436, Sec. 7. Effective January 1, 2002.)
  36. 7010.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolysis” and “alkaline hydrolysis,” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010.1. (a) “Hydrolysis” means the process by which the following two steps are taken: (1) The reduction of the body of a deceased person to its essential organic components and bone fragments by alkaline hydrolysis. “Alkaline hydrolysis” is a process using heat or heat and applied pressure, water, and potassium hydroxide or sodium hydroxide in a hydrolysis chamber. (2) The processing of the remains after removal from the hydrolysis chamber pursuant to Section 7010.3. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 34. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  37. 7010.3.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “processing” for human remains, including removing foreign objects and reducing the size of cremated or hydrolyzed remains by mechanical means.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010.3. (a) “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains or hydrolyzed human remains by mechanical means, including, but not limited to, grinding, crushing, and pulverizing to a consistency appropriate for disposition. (b) For purposes of reduced human remains, “processing” means the removal of foreign objects, pursuant to Section 7051, and any necessary preparation for the reduced human remains to be integrated into the soil. (Amended by Stats. 2022, Ch. 399, Sec. 30. (AB 351) Effective January 1, 2023.)
  38. 7010.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “residue” in a cremation chamber.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010.5. “Residue” means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a cremation chamber, that cannot be removed through reasonable manual contact with sweeping or scraping equipment. Material left in the cremation chamber, after the completion of a cremation, that can be reasonably removed shall not be considered “residue.” (Amended by Stats. 2001, Ch. 436, Sec. 8. Effective January 1, 2002.)
  39. 7010.7.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “scattering” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010.7. (a) “Scattering” means the authorized dispersal of cremated remains or hydrolyzed human remains at sea, in other areas of the state, or commingling in a defined area within a dedicated cemetery, in accordance with this part. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 37) and added by Stats. 2017, Ch. 846, Sec. 38. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  40. 7010.8.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “integrate into the soil” and “soil amendment.”

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7010.8. (a) “Integrate into the soil” means the authorized addition and mixing of reduced human remains with existing soil in a defined area within a dedicated cemetery, conservation area, property where the person who has control over the disposition of the reduced human remains has obtained written permission of the property owner or governing agency, or other area in the state where integration is permitted pursuant to this division or Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code. The reduced human remains are intended to act as a soil amendment. (b) “Soil amendment” means any material added to a soil to improve its physical properties, including, but not limited to, water retention, permeability, water infiltration, drainage, aeration, or structure. (Added by Stats. 2022, Ch. 399, Sec. 31. (AB 351) Effective January 1, 2023.)
  41. 7011.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “inurnment” as placing certain human remains in a suitable container for placement, burial, or shipment.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7011. (a) “Inurnment” means placing cremated remains or hydrolyzed human remains in a cremated remains container or hydrolyzed human remains container suitable for placement, burial, or shipment. (b) “Inurnment” also means placing reduced human remains in a reduced human remains container suitable for placement, burial, or shipment. (Amended by Stats. 2022, Ch. 399, Sec. 32. (AB 351) Effective January 1, 2023.)
  42. 7011.2.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “placement” as putting a container with cremated remains or hydrolyzed human remains into a crypt, vault, or niche.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7011.2. (a) “Placement” means the placing of a container holding cremated remains or hydrolyzed human remains in a crypt, vault, or niche. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 41) and added by Stats. 2017, Ch. 846, Sec. 42. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  43. 7012.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “Entombment” means placing human remains in a crypt or vault.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7012. “Entombment” means the process of placing human remains in a crypt or vault. (Amended by Stats. 2001, Ch. 436, Sec. 10. Effective January 1, 2002.)
  44. 7013.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “burial” as placing human remains in a grave.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7013. “Burial” means the process of placing human remains in a grave. (Amended by Stats. 2001, Ch. 436, Sec. 11. Effective January 1, 2002.)
  45. 7014.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “Grave” means a space of earth in a burial park used, or intended to be used, for the disposition of human remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7014. “Grave” means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains. (Amended by Stats. 2001, Ch. 436, Sec. 12. Effective January 1, 2002.)
  46. 7015.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “crypt” or “vault” as a mausoleum space large enough to entomb human remains that have not been cremated or hydrolyzed.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7015. (a) “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains that have been neither cremated nor hydrolyzed. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 43) and added by Stats. 2017, Ch. 846, Sec. 44. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  47. 7016.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “niche” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7016. (a) “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremated human remains or hydrolyzed human remains. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 45) and added by Stats. 2017, Ch. 846, Sec. 46. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  48. 7017.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “hydrolysate” and says the section becomes operative on July 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7017. (a) “Hydrolysate” means the resultant liquid from the hydrolysis of human remains, which liquid is a sterile, benign, micronutrient-rich solution consisting of sugars, salts, peptides, and amino acids. Hydrolysate and calcium phosphate “ashes” are the two end results from the alkaline hydrolysis process. (b) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 47. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  49. 7018.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cemetery authority” to include several kinds of entities or other persons who own or control cemetery lands or property.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7018. “Cemetery authority” includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property. (Amended by Stats. 2008, Ch. 114, Sec. 3. Effective January 1, 2009.)
  50. 7019.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cemetery corporation,” “cemetery association,” and “cemetery corporation or association.”

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7019. “Cemetery corporation,” “cemetery association,” or “cemetery corporation or association,” means any corporation now or hereafter organized which is or may be authorized by its articles to conduct any one or more or all of the businesses of a cemetery, but do not mean or include a corporation sole. (Enacted by Stats. 1939, Ch. 60.)
  51. 7020.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “cemetery business,” “cemetery businesses,” and “cemetery purposes” as interchangeable terms covering activities needed to establish, maintain, operate, improve, or conduct a cemetery, and to inter human remains and care for cemetery property.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7020. “Cemetery business,” “cemetery businesses,” and “cemetery purposes” are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting a cemetery, interring human remains, and the care, preservation, and embellishment of cemetery property, including, but not limited to, any activity or business designed for the benefit, service, convenience, education, or spiritual uplift of property owners or persons visiting the cemetery. (Amended by Stats. 1955, Ch. 595.)
  52. 7021.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    “Directors” or “governing body” means the board of directors, board of trustees, or other policymaking body of a cemetery association.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7021. “Directors” or “governing body” means the board of directors, board of trustees, or other policymaking body of a cemetery association. (Amended by Stats. 2001, Ch. 436, Sec. 15. Effective January 1, 2002.)
  53. 7022.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “lot,” “plot,” and “interment plot” as cemetery space used or intended for the burial of human remains, and says the terms also cover adjoining graves, crypts, vaults, or niches.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7022. “Lot,” “plot,” or “interment plot” means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining niches. (Enacted by Stats. 1939, Ch. 60.)
  54. 7023.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “plot owner,” “owner,” and “lot proprietor” as the person in whose name an interment plot is recorded as owner in a cemetery authority’s office.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7023. “Plot owner,” “owner,” or “lot proprietor,” means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority. (Amended by Stats. 1939, Ch. 339.)
  55. 7024.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “Permit for Disposition of Human Remains” to include a “burial permit” and to mean a permit issued by law for handling human remains in specified ways.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7024. “Permit for Disposition of Human Remains” includes “burial permit” and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinterment or transportation of human remains. (Amended by Stats. 1957, Ch. 363.)
  56. 7025.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section defines “disposition” for human remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Definitions [7000 - 7025] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 7025. “Disposition” means the interment, integration into soil, or scattering of human remains within California, or the shipment outside of California, for lawful interment, integration into soil, or scattering elsewhere, including release of remains pursuant to Section 103060. (Amended by Stats. 2022, Ch. 399, Sec. 33. (AB 351) Effective January 1, 2023.)
  57. 7050.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not knowingly mutilate, disinter, disturb, or remove human remains from a non-cemetery location without legal authority, and doing so is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7050.5. (a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated cemetery without authority of law is guilty of a misdemeanor, except as provided in Section 5097.99 of the Public Resources Code. The provisions of this subdivision shall not apply to any person carrying out an agreement developed pursuant to subdivision ( l) of Section 5097.94 of the Public Resources Code or to any person authorized to implement Section 5097.98 of the Public Resources Code. (b) In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of Part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. (c) If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. (Amended by Stats. 1987, Ch. 404, Sec. 1.)
  58. 7051.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not remove part of human remains to sell or dissect it without legal authority or permission, and such conduct is a public offense punishable by imprisonment. Certain employees may remove foreign materials, pacemakers, prostheses, and some identifiable valuables before final processing, but removed valuables must usually be returned.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7051. (a) A person who removes part of any human remains from a place where it has been interred, or from a place where it is deposited while awaiting interment, cremation, reduction, or hydrolysis, with intent to sell it or to dissect it, without authority of law, or written permission of the person or persons having the right to control the remains under Section 7100, or with malice or wantonness, has committed a public offense that is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) This section does not prohibit the removal of foreign materials, pacemakers, or prostheses from cremated, reduced, or hydrolyzed human remains by an employee of a licensed crematory, reduction facility, or hydrolysis facility prior to final processing of remains. Dental gold or silver, jewelry, or mementos, to the extent that they can be identified, may be removed by the employee prior to final processing if the equipment is such that it will not process these materials. However, any dental gold and silver, jewelry, or mementos that are removed shall be returned to the urn, cremated remains container, reduced human remains container, or hydrolyzed human remains container, unless otherwise directed by the person or persons having the right to control the disposition. (Amended by Stats. 2022, Ch. 399, Sec. 34. (AB 351) Effective January 1, 2023.)
  59. 7051.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not remove or possess dental gold, silver, jewelry, or mementos from human remains unless they have specific written permission from the person or persons with the right to control the remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7051.5. A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains without specific written permission of the person or persons having the right to control those remains under Section 7100 is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. The fact that residue and any unavoidable dental gold or dental silver, or other precious metals remain in the cremation chamber, reduction chamber, hydrolysis chamber, or other equipment or a container used in a prior cremation, reduction, or hydrolysis is not a violation of this section. (Amended by Stats. 2022, Ch. 399, Sec. 35. (AB 351) Effective January 1, 2023.)
  60. 7052.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not willfully mutilate, disinter, remove, or sexually penetrate or touch human remains without authority of law; doing so is a felony.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7052. (a) A person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with, remains known to be human, without authority of law, is guilty of a felony. This section does not apply to a person who, under authority of law, removes the remains for reinterment, or performs a cremation, reduction, or hydrolysis. (b) For purposes of this section, the following definitions apply: (1) “Sexual penetration” means the unlawful penetration of the vagina or anus, however slight, by any part of a person’s body or other object, or any act of sexual contact between the sex organs of a person and the mouth or anus of a dead body, or any oral copulation of a dead human body for the purpose of sexual arousal, gratification, or abuse. (2) “Sexual contact” means any willful touching by a person of an intimate part of a dead human body for the purpose of sexual arousal, gratification, or abuse. (Amended by Stats. 2022, Ch. 399, Sec. 36. (AB 351) Effective January 1, 2023.)
  61. 7052.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cremated, reduced, or hydrolyzed human remains may be removed from the place of interment for certain listed dispositions.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7052.5. Notwithstanding the provisions of Section 7052, cremated, reduced, or hydrolyzed human remains may be removed from the place of interment for disposition as provided in Section 7054.5 or 7054.6 or for burial at sea as provided in Section 7117. (Amended by Stats. 2022, Ch. 399, Sec. 37. (AB 351) Effective January 1, 2023.)
  62. 7053.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person commits a misdemeanor if they detain, claim to detain, or refuse to release human remains, personal effects, or certain certificates or permits for a debt, demand, or pretend lien/charge, especially after proper release authorization is delivered.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7053. Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, or fails to release any human remains, the personal effects, or any certificate or permit required under Division 102 (commencing with Section 102100) that is in his or her possession or control forthwith upon the delivery of authorization for the release signed by the next of kin or by any person entitled to the custody of the remains, is guilty of a misdemeanor. (Amended by Stats. 2003, Ch. 874, Sec. 34. Effective January 1, 2004.)
  63. 7054.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Generally, human remains may not be deposited or disposed of anywhere except a cemetery, unless a listed authorization applies.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054. (a) (1) Except as authorized pursuant to the sections referred to in subdivision (b), a person who deposits or disposes of human remains in any place, except in a cemetery, is guilty of a misdemeanor. (2) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code and the agents and employees of the licensee or registrant, or an unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, who, except as authorized pursuant to the sections referred to in subdivision (b), deposits or disposes of human remains in any place, except in a cemetery, is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or both that imprisonment and fine. (b) (1) Cremated remains or hydrolyzed human remains may be disposed of pursuant to Sections 7054.6, 7116, 7117, and 103060. (2) Reduced human remains may be disposed of pursuant to Sections 7054.5, 7116, and 103060. (c) Subdivision (a) of this section shall not apply to the reburial of Native American remains under an agreement developed pursuant to subdivision (l) of Section 5097.94 of the Public Resources Code, or implementation of a recommendation or agreement made pursuant to Section 5097.98 of the Public Resources Code. (Amended by Stats. 2022, Ch. 399, Sec. 38. (AB 351) Effective January 1, 2023.)
  64. 7054.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cremated, reduced, or hydrolyzed human remains may not be removed from the place of cremation, reduction, or hydrolysis unless they have been processed so they are suitable for inurnment. Contracts for these services must include a written notice about the processing to the person with the right to control disposition of the remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.1. Cremated, reduced, or hydrolyzed human remains shall not be removed from the place of cremation, reduction, or hydrolysis, and there shall not be a charge for the cremation, reduction, or hydrolysis, unless the remains have been processed so that they are suitable for inurnment. Every contract for cremation, reduction, or hydrolysis services shall include specific written notification of the processing to the person having the right to control the disposition of the remains under Section 7100. (Amended by Stats. 2022, Ch. 399, Sec. 39. (AB 351) Effective January 1, 2023.)
  65. 7054.3.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A recognizable dead human fetus under 20 weeks gestation that is not buried by interment must be disposed of by incineration.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.3. Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks uterogestation not disposed of by interment shall be disposed of by incineration. (Added by Stats. 1971, Ch. 377.)
  66. 7054.4.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says recognizable anatomical parts, human tissues, anatomical human remains, and infectious waste after scientific use must be disposed of by interment, incineration, or another method the state department determines will protect public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.4. Notwithstanding any other provision of law, recognizable anatomical parts, human tissues, anatomical human remains, or infectious waste following conclusion of scientific use shall be disposed of by interment, incineration, or any other method determined by the state department to protect the public health and safety. As used in this section, “infectious waste” means any material or article which has been, or may have been, exposed to contagious or infectious disease. (Amended by Stats. 1972, Ch. 883.)
  67. 7054.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section allows certain reduced human remains to be integrated into topsoil, and prohibits integrating them into soil below the topsoil.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.5. (a) Reduced human remains may be disposed of by integration into the topsoil by the person having the right to control the disposition of the remains pursuant to Section 7100. (b) A reduction facility may integrate reduced human remains into the topsoil of a conservation area if the person having the right to control the disposition of those remains has agreed, in writing, to that disposition. (c) Integration of reduced human remains into soil below the topsoil is a violation of Section 7054. (d) For purposes of this section, the following definitions apply: (1) “Conservation area” means an area of land that is protected and cannot be built on, that is only used for the conservation of nature. (2) “Topsoil” means the outermost layer of soil. (e) This section shall become operative on January 1, 2027. (Added by Stats. 2022, Ch. 399, Sec. 40. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
  68. 7054.6.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section lets cremated or hydrolyzed human remains be kept or moved in a durable container only under specified permission and permit conditions, and it requires certain handlers to store and care for them properly before disposition.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.6. (a) Except as provided in subdivision (b), cremated remains or hydrolyzed human remains may be removed in a durable container from the place of cremation, hydrolysis, or interment and kept in or on the real property owned or occupied by a person described in Section 7100 or any other person, with the permission of the person with the right to disposition, or the durable container holding the cremated remains or hydrolyzed human remains may be kept in a church or religious shrine, if written permission of the church or religious shrine is obtained and there is no conflict with local use permit requirements or zoning laws, if the removal is under the authority of a permit for disposition granted under Section 103060. The placement, in any place, of six or more cremated remains or hydrolyzed human remains under this section does not constitute the place a cemetery, as defined in Section 7003. (b) Notwithstanding any other provision of law, cremated remains or hydrolyzed human remains may be placed in one or more keepsake urns. Keepsake urns shall be kept as authorized by the person or persons with the right to control disposition pursuant to Section 7100, provided that a permit for disposition of human remains pursuant to Section 103060 is issued by the local registrar for each keepsake urn designating the home address of each person receiving a keepsake urn and a permit fee pursuant to Section 103065 is paid. No keepsake urn shall be subject to Section 8345. For purposes of this section, a keepsake urn shall mean a closed durable container that will accommodate an amount of cremated remains or hydrolyzed human remains not to exceed one cubic centimeter. (c) Prior to disposition of cremated remains or hydrolyzed human remains, every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee or registrant shall do all of the following: (1) Remove the cremated remains or hydrolyzed human remains from the place of cremation or hydrolysis in a durable container. (2) Keep the cremated remains or hydrolyzed human remains in a durable container. (3) Store the cremated remains or hydrolyzed human remains in a place free from exposure to the elements. (4) Responsibly maintain the cremated remains or hydrolyzed human remains. (d) This section shall become operative on July 1, 2020. (Repealed (in Sec. 60) and added by Stats. 2017, Ch. 846, Sec. 61. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  69. 7054.7.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section restricts how human remains and cremated remains may be handled, requires written acknowledgement and record retention, and makes knowing violations a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.7. (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall: (1) Cremate the remains of more than one person at the same time in the same cremation chamber, or introduce the remains of a second person into a cremation chamber until incineration of any preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding remains. The fact that there is residue in the cremation chamber or other equipment or any container used in a prior cremation is not a violation of this section. (2) Dispose of or scatter cremated remains in a manner or in a location that the remains are commingled with those of another person. This paragraph shall not apply to the scattering of cremated remains at sea from individual containers or to the disposal in a dedicated cemetery of accumulated residue removed from a cremation chamber or other cremation equipment. (3) Place cremated or uncremated remains of more than one person in the same container or the same interment space. This paragraph shall not apply to the following: (A) Interment of members of the same family in a common container designed for the cremated remains of more than one person. (B) Interment in a space or container that has been previously designated at the time of sale as being intended for the interment of remains of more than one person. (C) Disposal in a dedicated cemetery of residue removed from a cremation chamber or other cremation equipment. (b) Written acknowledgement from the person entitled to control the disposition of the cremated remains shall be obtained by the person with whom arrangements are made for disposition of the remains on a form that includes, but is not limited to, the following information: “The human body burns with the casket, container, or other material in the cremation chamber. Some bone fragments are not combustible at the incineration temperature and, as a result, remain in the cremation chamber. During the cremation, the contents of the chamber may be moved to facilitate incineration. The chamber is composed of ceramic or other material which disintegrates slightly during each cremation and the product of that disintegration is commingled with the cremated remains. Nearly all of the contents of the cremation chamber, consisting of the cremated remains, disintegrated chamber material, and small amounts of residue from previous cremations, are removed together and crushed, pulverized, or ground to facilitate inurnment or scattering. Some residue remains in the cracks and uneven places of the chamber. Periodically, the accumulation of this residue is removed and interred in a dedicated cemetery property, or scattered at sea.” The acknowledgment shall be filed and retained, for at least five years, by the person who disposes of or inters the remains. (c) Any person, including any corporation or partnership, knowingly violating any provision of this section is guilty of a misdemeanor. (Amended by Stats. 1994, Ch. 570, Sec. 7. Effective January 1, 1995.)
  70. 7054.8.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section restricts how hydrolyzed human remains may be handled, requires written acknowledgment and record retention, and makes violations a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.8. (a) Except with the express written permission of the person entitled to control the disposition of the remains, no person shall do any of the following: (1) Hydrolyze the remains of more than one person at the same time in the same hydrolysis chamber, or introduce the remains of a second person into a hydrolysis chamber until dissolution of any preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of the preceding remains. The fact that there is residue in the hydrolysis chamber or other equipment or any container used in a prior hydrolysis is not a violation of this section. (2) Dispose of or scatter hydrolyzed human remains in a manner or in such a location that the remains are commingled with those of another person. This paragraph shall not apply to the scattering of hydrolyzed human remains at sea from individual containers or to the disposal in a dedicated cemetery of accumulated residue removed from processing equipment. (3) Place hydrolyzed human remains or other remains of more than one person in the same container or the same interment space. This paragraph shall not apply to the following: (A) Interment of members of the same family in a common container designed for the hydrolyzed human remains of more than one person. (B) Interment in a space or container that has been previously designated at the time of sale as being intended for the interment of remains of more than one person. (C) Disposal in a dedicated cemetery of residue removed from processing equipment. (b) Written acknowledgment from the person entitled to control the disposition of the hydrolyzed human remains shall be obtained by the person with whom arrangements are made for disposition of the remains on a form that includes, but is not limited to, the following information: “The human body is hydrolyzed with organic protein-based material such as wool, silk, cotton, or other protein-based material in the hydrolysis chamber. Bone fragments are not hydrolyzable and, as a result, remain in the chamber. The hydrolyzed remains will be dried and crushed, pulverized, or ground to facilitate inurnment or scattering.” The acknowledgment shall be filed and retained, for at least five years, by the person who disposes of or inters the remains. (c) A person, including any corporation or partnership, that violates any provision of this section is guilty of a misdemeanor. (d) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 62. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
  71. 7054.9.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not reduce or place certain reduced human remains together, except in specified cases or with express written permission.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. General Provisions [7050.5 - 7055] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## 7054.9. (a) Except with the express written permission of the person entitled to control the disposition of the reduced human remains, a person shall not do any of the following: (1) Reduce the remains of more than one person at the same time and in the same reduction chamber, or introduce the remains of a second person into the reduction chamber until the reduction of preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of preceding remains. The fact that there is residue in the reduction chamber or other equipment or a container used in a prior reduction does not violate this section. (2) Dispose of reduced human remains in a manner or location that the remains are commingled with those of another person. This paragraph does not apply to the disposition of accumulated residue removed from equipment used in the reduction of human remains. (3) Place reduced human remains or the remains of more than one person in the same reduced human remains container, except as follows: (A) Members of the same family may be placed in a common container designed for the reduced remains of more than one person. (B) Reduced human remains may be placed in a container that has been previously designated, at the time of sale, as being intended for the remains of more than one person. (C) Disposal of the residue removed from equipment used in the reduction of human remains. (b) (1) A person, including a corporation or partnership, that violates this section is guilty of a misdemeanor. (2) Written authorization by the person entitled to control the disposition of the remains for the reduction facility to integrate the reduced human remains into the soil of a conservation area, as provided in Section 7054.5, is sufficient to comply with the permission requirement of subdivision (a). (c) This section shall become operative on January 1, 2027. (Added by Stats. 2022, Ch. 399, Sec. 41. (AB 351) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
  72. 7100.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section sets the priority order for who controls the disposition and interment of a deceased person’s remains, and who bears the related reasonable costs.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7100. (a) The right to control the disposition of the remains of a deceased person, the location and conditions of interment, and arrangements for funeral goods and services to be provided, unless other directions have been given by the decedent pursuant to Section 7100.1, vests in, and the duty of disposition and the liability for the reasonable cost of disposition of the remains devolves upon, the following in the order named: (1) An agent under a power of attorney for health care who has the right and duty of disposition under Division 4.7 (commencing with Section 4600) of the Probate Code, except that the agent is liable for the costs of disposition only in either of the following cases: (A) Where the agent makes a specific agreement to pay the costs of disposition. (B) Where, in the absence of a specific agreement, the agent makes decisions concerning disposition that incur costs, in which case the agent is liable only for the reasonable costs incurred as a result of the agent’s decisions, to the extent that the decedent’s estate or other appropriate fund is insufficient. (2) The competent surviving spouse. (3) The sole surviving competent adult child of the decedent or, if there is more than one competent adult child of the decedent, the majority of the surviving competent adult children. However, less than the majority of the surviving competent adult children shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving competent adult children of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult children. (4) The surviving competent parent or parents of the decedent. If one of the surviving competent parents is absent, the remaining competent parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving competent parent. (5) The sole surviving competent adult sibling of the decedent or, if there is more than one surviving competent adult sibling of the decedent, the majority of the surviving competent adult siblings. However, less than the majority of the surviving competent adult siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving competent adult siblings of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult siblings. (6) The surviving competent adult person or persons respectively in the next degrees of kinship or, if there is more than one surviving competent adult person of the same degree of kinship, the majority of those persons. Less than the majority of surviving competent adult persons of the same degree of kinship shall be vested with the rights and duties of this section if those persons have used reasonable efforts to notify all other surviving competent adult persons of the same degree of kinship of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult persons of the same degree of kinship. (7) A conservator of the person appointed under Part 3 (commencing with Section 1800) of Division 4 of the Probate Code when the decedent has sufficient assets. (8) A conservator of the estate appointed under Part 3 (commencing with Section 1800) of Division 4 of the Probate Code when the decedent has sufficient assets. (9) The public administrator when the deceased has sufficient assets. (b) (1) If a person to whom the right of control has vested pursuant to subdivision (a) has been charged with first- or second-degree murder or voluntary manslaughter in connection with the decedent’s death and those charges are known to the funeral director or cemetery authority, the right of control is relinquished and passed on to the next of kin in accordance with subdivision (a). (2) If the charges against the person are dropped, or if the person is acquitted of the charges, the right of control is returned to the person. (3) Notwithstanding this subdivision, no person who has been charged with first- or second-degree murder or voluntary manslaughter in connection with the decedent’s death to whom the right of control has not been returned pursuant to paragraph (2) shall have any right to control disposition pursuant to subdivision (a) which shall be applied, to the extent the funeral director or cemetery authority know about the charges, as if that person did not exist. (c) A funeral director or cemetery authority shall have complete authority to control the disposition of the remains and to proceed under this chapter to recover usual and customary charges for the disposition when both of the following apply: (1) Either of the following applies: (A) The funeral director or cemetery authority has knowledge that none of the persons described in paragraphs (1) to (8), inclusive, of subdivision (a) exists. (B) None of the persons described in paragraphs (1) to (8), inclusive, of subdivision (a) can be found after reasonable inquiry, or contacted by reasonable means. (2) The public administrator fails to assume responsibility for disposition of the remains within seven days after having been given written notice of the facts. Written notice may be delivered by hand, United States mail, facsimile transmission, or telegraph. (d) The liability for the reasonable cost of final disposition devolves jointly and severally upon all kin of the decedent in the same degree of kinship and upon the estate of the decedent. However, if a person accepts the gift of an entire body under subdivision (a) of Section 7155.5, that person, subject to the terms of the gift, shall be liable for the reasonable cost of final disposition of the decedent. (e) This section shall be administered and construed to the end that the expressed instructions of the decedent or the person entitled to control the disposition shall be faithfully and promptly performed. (f) A funeral director or cemetery authority shall not be liable to any person or persons for carrying out the instructions of the decedent or the person entitled to control the disposition. (g) For purposes of this section, “adult” means an individual who has attained 18 years of age, “child” means a natural or adopted child of the decedent, and “competent” means an individual who has not been declared incompetent by a court of law or who has been declared competent by a court of law following a declaration of incompetence. (h) (1) For the purpose of paragraph (1) of subdivision (a), the designation of a person authorized to direct disposition (PADD) on a United States Department of Defense Record of Emergency Data, DD Form 93, as that form exists on December 31, 2011, or its successor form, shall take first priority and be used to establish an agent who has the right and duty of disposition for a decedent who died while on duty in any branch or component of the Armed Forces of the United States, as defined by Section 1481 of Title 10 of the United States Code. (2) This subdivision shall become operative only if the United States Department of Defense Record of Emergency Data, DD Form 93, and Section 1482(c) of Title 10 of the United States Code are amended to allow a service member to designate any person, regardless of the relationship of the designee to the decedent, as the agent who has the right of disposition of a service member’s remains. (Amended by Stats. 2011, Ch. 321, Sec. 1.5. (AB 905) Effective January 1, 2012.)
  73. 7100.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may leave written instructions for how their remains and funeral services are to be handled, and those instructions generally must be followed after death if the statute’s conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7100.1. (a) A decedent, prior to death, may direct, in writing, the disposition of his or her remains and specify funeral goods and services to be provided. Unless there is a statement to the contrary that is signed and dated by the decedent, the directions may not be altered, changed, or otherwise amended in any material way, except as may be required by law, and shall be faithfully carried out upon his or her death, provided both of the following requirements are met: (1) the directions set forth clearly and completely the final wishes of the decedent in sufficient detail so as to preclude any material ambiguity with regard to the instructions; and, (2) arrangements for payment through trusts, insurance, commitments by others, or any other effective and binding means, have been made, so as to preclude the payment of any funds by the survivor or survivors of the deceased that might otherwise retain the right to control the disposition. (b) In the event arrangements for only one of either the cost of interment or the cost of the funeral goods and services are made pursuant to this section, the remaining wishes of the decedent shall be carried out only to the extent that the decedent has sufficient assets to do so, unless the person or persons that otherwise have the right to control the disposition and arrange for funeral goods and services agree to assume the cost. All other provisions of the directions shall be carried out. (c) If the directions are contained in a will, they shall be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date. (Amended by Stats. 1998, Ch. 253, Sec. 2. Effective January 1, 1999.)
  74. 7101.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Interment and reasonable funeral expenses are treated as funeral expenses and paid as a preferred charge against the decedent’s estate. If such a claim is rejected, the executor or administrator must prove the cost is disproportionate. Relatives or friends may assume the duty or pay the expense.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7101. When any decedent leaves an estate in this state, the reasonable cost of interment and an interment plot of sufficient size to constitute a family plot and memorial including reasonable sums for either, or both, general and special endowment care of the plot proportionate to the value of the estate and in keeping with the standard of living adopted by the decedent prior to his demise, together with interest thereon from 60 days after the date of death, shall be considered as a part of the funeral expenses of the decedent and shall be paid as a preferred charge against his estate as provided in the Probate Code. Reasonable costs of funeral services, together with interest thereon from 60 days after the date of death, shall be considered as a part of the funeral expenses of the decedent and shall be paid as a preferred charge against his estate as provided in the Probate Code. If a claim for mortuary and funeral services, an interment plot or memorial is rejected the burden of proving that the cost of the funeral service, interment plot or memorial is disproportionate to the value of the estate and the standard of living adopted by the decedent while living shall be upon the executor or administrator rejecting the claim. This chapter does not prohibit any relative or friend of a decedent from assuming the duty or paying the expense of interment or the funeral services. (Amended by Stats. 1968, Ch. 267.)
  75. 7102.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person legally responsible for interment is entitled to custody of the remains for interment, or for burial at sea if the remains are cremated, unless a coroner must investigate the death.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7102. When a person is charged by law with the duty of interment he is entitled to the custody of the remains for the purpose of interment or, with respect to cremated remains, for the purpose of burial at sea in accordance with the provisions of this division; except that in any case where a coroner is required by law to investigate the cause of death, the coroner is entitled to the custody of the remains of the person whose death is the subject of investigation until the conclusion of the autopsy or medical investigation by the coroner. Any person in whose possession such remains are found, shall, upon demand by the coroner, surrender such remains to him. (Amended by Stats. 1965, Ch. 1421.)
  76. 7103.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    People who are legally responsible for interment must perform that duty within a reasonable time, or they commit a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7103. (a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor. (b) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee or registrant, or any unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, upon whom the duty of interment is imposed by law, who omits to perform that duty within a reasonable time is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or both that imprisonment and fine. (c) In addition, any person, registrant, or licensee described in subdivision (a) or (b) is liable to pay the person performing the duty in his or her stead treble the expenses incurred by the latter in making the interment, to be recovered in a civil action. (Amended by Stats. 2018, Ch. 571, Sec. 32. (SB 1480) Effective January 1, 2019.)
  77. 7104.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If no one is responsible for a decedent’s interment, the person holding the remains may ask the county coroner to take them and the coroner must inter them as indigent dead. A county with jurisdiction over the death is responsible for disposition of the remains, and if the decedent is indigent, the county pays the disposition costs.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7104. (a) When no provision is made by the decedent, or where the estate is insufficient to provide for interment and the duty of interment does not devolve upon any other person residing in the state or if such person can not after reasonable diligence be found within the state the person who has custody of the remains may require the coroner of the county where the decedent resided at time of death to take possession of the remains and the coroner shall inter the remains in the manner provided for the interment of indigent dead. (b) A county exercising jurisdiction over the death of an individual pursuant to Section 27491, or who assumes jurisdiction pursuant to Section 27491.55 of the Government Code, shall be responsible for the disposition of the remains of that decedent. If the decedent is an indigent, the costs associated with disposition of the remains shall be borne by the county exercising jurisdiction. (Amended by Stats. 1988, Ch. 1139, Sec. 2.)
  78. 7104.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the responsible person does not inter the remains within 30 days after notice or a diligent attempt to notify, the coroner may inter them and recover the interment expenses.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7104.1. If, within 30 days after the coroner notifies or diligently attempts to notify the person responsible for the interment of a decedent’s remains which are in the possession of the coroner, the person fails, refuses, or neglects to inter the remains, the coroner may inter the remains. The coroner may recover any expenses of the interment from the responsible person. (Amended by Stats. 2001, Ch. 436, Sec. 18. Effective January 1, 2002.)
  79. 7105.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the person with priority to control disposition of remains does not act, cannot be found, or fails to agree with others within the stated time, the right passes to the next kin and the court may resolve disputes.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7105. (a) If the person or persons listed in paragraphs (1), (3), (4), (5), (6), (7), and (8) of subdivision (a) of Section 7100 who would otherwise have the right to control the disposition and arrange for funeral goods and services fails to act, or fails to delegate his or her authority to act to some other person within seven days of the date when the right and duty devolves upon the person or persons, or in the case of a person listed in paragraph (2) of subdivision (a) of Section 7100, within 10 days of the date when the right and duty devolves upon the person, the right to control the disposition and arrange for funeral goods and services shall be relinquished and passed on to the person or persons of the next degree of kinship in accordance with subdivision (a) of Section 7100. (b) If the person or persons listed in paragraphs (1), (3), (4), (5), (6), (7), and (8) of subdivision (a) of Section 7100 who would otherwise have the right to control the disposition and arrange for funeral goods and services cannot be found within seven days of the date when the right and duty devolves upon the person or persons, or in the case of a person listed in paragraph (2) of subdivision (a) of Section 7100, within 10 days of the date when the right and duty devolves upon the person, after reasonable inquiry, the right to control the disposition and arrange for funeral goods and services shall be relinquished and passed on to the person or persons of the next degree of kinship in accordance with subdivision (a) of Section 7100. (c) If any persons listed in paragraphs (1), (3), (4), (5), (6), (7), and (8) of subdivision (a) of Section 7100 who would otherwise have equal rights to control the disposition and arrange for funeral goods and services fail to agree on disposition and funeral goods and services to be provided within seven days of the date on which the right and duty of disposition devolved upon the persons, a funeral establishment or a cemetery authority having possession of the remains, or any person who has equal right to control the disposition of the remains may file a petition in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who would otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties will have the control of disposition and to direct that person to make interment of the remains. The court, at the time of determining the person to whom the right of disposition will vest, shall, from the remaining parties to the action, establish an alternate order to whom the right to control disposition will pass if the person vested with the right to control disposition fails to act within seven days. (d) If the person vested with the duty of interment has criminal charges pending against him or her for the unlawful killing of the decedent, in violation of Section 187 of, or subdivision (a) or (b) of Section 192 of, the Penal Code, the person or persons with the next highest priority prescribed by Section 7100 may petition a court of competent jurisdiction for an order for control of the disposition of the decedent’s remains. For this purpose, it shall be conclusively presumed that the petitioner is the person entitled to control the disposition of the remains if the petitioner is next in the order of priority specified in Section 7100. (Amended by Stats. 2016, Ch. 39, Sec. 1. (SB 1284) Effective January 1, 2017.)
  80. 7106.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may ask the court for an order allowing interment of one or more decedents’ remains, and if the case involves more than one decedent, the petition must state the facts for each separately.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7106. A cemetery authority may seek an order providing for the interment of the remains of one or more decedents. Where a proceeding is commenced involving the remains of more than one decedent the allegations of the petition shall separately state the facts as to each, and the court may make a separate order as to each. (Enacted by Stats. 1939, Ch. 60.)
  81. 7107.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The court must give notice of the hearing as it directs and, at the hearing, must issue an order for interment of the remains in the manner, time, and place it finds just, proper, and in the public interest.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7107. Notice of the time and place of the hearing on the petition shall be given as the court may direct. Upon the hearing the court shall make its order providing for the interment of the remains in such manner, at such time, and at such place as the court may determine to be just and proper, and for the best interests of the public health. (Enacted by Stats. 1939, Ch. 60.)
  82. 7108.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If the coroner is directed to make an interment, the coroner must do it in the manner required by law for indigent dead.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7108. If the coroner is directed to make such interment he shall make it in the manner provided by law for the interment of the indigent dead. (Amended by Stats. 1939, Ch. 339.)
  83. 7109.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a plaintiff prevails, the court must allow costs and reasonable attorney’s fees against the defendants, except the coroner.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7109. The court shall allow costs and reasonable attorney’s fees to a prevailing plaintiff against all defendants, other than the coroner. (Amended by Stats. 2001, Ch. 436, Sec. 19. Effective January 1, 2002.)
  84. 7110.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person who signs an authorization for interment or cremation must stand behind the truth of the facts in it, the identity of the remains, and the signer’s authority.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7110. Any person signing any authorization for the interment or cremation of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred or cremated, and his or her authority to order interment or cremation. He or she is personally liable for all damage occasioned by or resulting from breach of such warranty. (Amended by Stats. 1993, Ch. 1232, Sec. 23. Effective January 1, 1994.)
  85. 7111.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority or crematory may perform an interment or cremation when it receives written authorization from someone claiming the right to control disposition of the remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7111. A cemetery authority or crematory may make an interment or cremation of any remains upon the receipt of a written authorization of a person representing himself or herself to be a person having the right to control the disposition of the remains pursuant to Section 7100. A cemetery authority or crematory is not liable for cremating, making an interment, or for other disposition of remains permitted by law, pursuant to that authorization, unless it has actual notice that the representation is untrue. (Amended by Stats. 2002, Ch. 819, Sec. 7. Effective January 1, 2003.)
  86. 7112.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cemetery authorities get no-action protection over cremated remains left with them for one year, unless there is a written care contract or permanent interment. Licensed funeral directors are not liable in damages for lawful disposition of cremated human remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7112. No action shall lie against any cemetery authority relating to the cremated remains of any person which have been left in its possession for a period of one year, unless a written contract has been entered into with the cemetery authority for their care or unless permanent interment has been made. No licensed funeral director shall be liable in damages for the lawful disposition of any cremated human remains. (Amended by Stats. 1993, Ch. 1232, Sec. 25. Effective January 1, 1994.)
  87. 7113.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain custodians and a physician may authorize or perform an autopsy of remains in custody if the decedent gave prior written authorization or an authorized person gives qualifying consent.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7113. A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel may permit or assist, and a physician may perform, an autopsy of any remains in its or his custody if the decedent, prior to his death, authorizes an autopsy in his will or other written instrument, or upon the receipt of a written authorization, telegram, or a verbal authorization obtained by telephone and recorded on tape or other recording device, from a person representing himself to be any of the following: (a) The surviving spouse; (b) a surviving child or parent; (c) a surviving brother or sister; (d) any other kin or person who has acquired the right to control the disposition of the remains; (e) a public administrator; (f) a coroner or any other duly authorized public officer. A cemetery authority or a licensed funeral director or a licensed hospital or its authorized personnel is not liable for permitting or assisting, and a physician is not liable for performing, an autopsy pursuant to such authorization unless he or it has actual notice that such representation is untrue at the time the autopsy is performed. If such authorization is contained in a will, the autopsy may be performed regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date. This section shall not authorize the obtaining of a verbal authorization by telephone and recorded on tape or other recording device for an autopsy of a deceased person if it is made known to the physician who is to perform the autopsy that the deceased was, at the time of his death, a member of a religion, church, or denomination which relies solely upon prayer for the healing of disease. (Amended by Stats. 1971, Ch. 99.)
  88. 7114.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not perform, permit, or assist an autopsy on a dead body without the required written or verbal authorization, unless the coroner or another officer authorized by law is performing it.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7114. Any person who performs, permits or assists at, an autopsy on a dead body without having first obtained (a) the authorization of the deceased in writing, including, but not limited to, the last will of the deceased; or (b) the authorization in writing of the person designated by Section 7100 of this code as having the right to control the disposition of the remains of the deceased; or (c) in the case of a cemetery authority or a licensed funeral director or a licensed hospital or its agents or a physician, the written or verbal authorization described in Section 7113 or 7151.6 of this code, is guilty of a misdemeanor, except that this section shall not be applicable to the performance of an autopsy by the coroner or other officer authorized by law to perform autopsies. (Amended by Stats. 1972, Ch. 1048.)
  89. 7116.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section allows certain human remains to be scattered or, starting January 1, 2027, integrated into soil if local rules allow and written permission is obtained.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7116. (a) Cremated remains or hydrolyzed human remains may be scattered in an area where no local prohibition exists, provided that the cremated remains or hydrolyzed human remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains or hydrolyzed human remains has obtained written permission of the property owner or governing agency to scatter on the property. A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing, consistent with this section, or specifically prohibiting, the scattering of cremated human remains or hydrolyzed human remains on lands under the agency’s jurisdiction. The scattering of the cremated remains or hydrolyzed human remains of more than one person in one location pursuant to this section shall not create a cemetery pursuant to Section 7003 or any other law. (b) Commencing January 1, 2027, reduced human remains may be integrated into the soil in an area where no local prohibition exists, provided that the reduced human remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the reduced human remains has obtained written permission of the property owner or governing agency to integrate into soil on the property. A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing or specifically prohibiting the integration of reduced human remains into the soil on lands under the agency’s jurisdiction. The integration into the soil of the reduced human remains of more than one person in one location pursuant to this section does not create a cemetery pursuant to Section 7003 or any other law. (Amended by Stats. 2022, Ch. 399, Sec. 44. (AB 351) Effective January 1, 2023.)
  90. 7117.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cremated or hydrolyzed human remains may be scattered at sea, but not from a bridge or pier and not within 500 yards of the shoreline.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7117. (a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains or hydrolyzed human remains shall be removed from their container before the remains are scattered at sea. (b) Any person who scatters at sea, either from a boat or from the air, any cremated human remains or hydrolyzed human remains shall file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains or hydrolyzed human remains were scattered, and any other information that the local registrar of births and deaths may require. The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance. (c) For purposes of this section, the phrase “at sea” includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. This section does not allow the scattering of cremated human remains or hydrolyzed human remains from a bridge or pier. (d) Notwithstanding any other provision of this code, the cremated remains or hydrolyzed human remains of a deceased person may be scattered at sea as provided in this section and Section 103060. (e) This section shall become operative on July 1, 2020. (Amended (as added by Stats. 2017, Ch. 846, Sec. 68) by Stats. 2018, Ch. 92, Sec. 139. (SB 1289) Effective January 1, 2019.)
  91. 7117.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Cremated remains may be moved from a durable container into a scattering urn up to 7 days before scattering at sea from a boat.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Custody, and Duty of Interment [7100 - 7117.1] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7117.1. (a) Notwithstanding subdivision (a) of Section 7117, cremated remains may be transferred from a durable container into a scattering urn no more than seven days before scattering the cremated remains at sea from a boat. For purposes of this section, “scattering urn” means a closed container containing cremated remains that will dissolve and release its contents within four hours of being placed at sea. (b) This section shall not be construed to allow the use of a scattering urn when the cremated remains are to be scattered by a plane over land or at sea. (Added by Stats. 2012, Ch. 79, Sec. 1. (AB 1777) Effective January 1, 2013.)
  92. 7150.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This chapter is named the Uniform Anatomical Gift Act.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150. This chapter shall be known, and may be cited, as the Uniform Anatomical Gift Act. (Repealed and added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  93. 7150.10.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section defines key terms for the Uniform Anatomical Gift Act and says the chapter applies to anatomical gifts, amendments, revocations, and refusals whenever made.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.10. (a) As used in this chapter, the following terms have the following meanings: (1) “Adult” means an individual who is at least 18 years of age. (2) “Agent” means an individual who meets either of the following criteria: (A) He or she is authorized to make health care decisions on the principal’s behalf by a power of attorney for health care. (B) He or she is expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal. (3) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education. (4) “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this chapter, a fetus. (5) “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under Section 7150.50. (6) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement recorded on the Donate Life California Organ and Tissue Donor Registry or other donor registry. (6.5) “Domestic partner” means a person who is registered under Section 297 of the Family Code, or otherwise recognized under the law of any state as a domestic partner. (7) “Donor” means an individual whose body or part is the subject of an anatomical gift. (8) “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts, including, but not limited to, the Donate Life California Organ and Tissue Donor Registry. (9) “Driver’s license” means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit. (10) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. (11) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem. (12) “Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. (13) “Identification card” means an identification card issued by the Department of Motor Vehicles. (14) “Know” means to have actual knowledge. (15) “Minor” means an individual who is under 18 years of age. (16) “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. (17) “Parent” means a parent whose parental rights have not been terminated. (18) “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body. (19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (20) “Physician” means an individual authorized to practice medicine or osteopathy under the law of any state. (21) “Procurement organization” means an eye bank, organ procurement organization, or tissue bank. (22) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal. (23) “Reasonably available” means able to be contacted by a procurement organization, without undue effort, and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. (24) “Recipient” means an individual into whose body a decedent’s part has been, or is intended to be, transplanted. (25) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (26) “Refusal” means a record created under Section 7150.30 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part. (27) “Sign” means, to do either of the following with the present intent to authenticate or adopt a record: (A) Execute or adopt a tangible symbol. (B) Attach to or logically associate with the record an electronic symbol, sound, or process. (28) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (29) “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator. (30) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood, unless a blood sample is needed for the purpose of research or education. (31) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. (32) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. (b) This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  94. 7150.15.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A donor, or the donor’s agent if expressly authorized, may make a living anatomical gift of the donor’s body or part for transplantation, therapy, research, or education, subject to the listed age and consent conditions.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.15. Subject to Section 7150.35, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 7150.20 by any of the following individuals: (a) The donor, if the donor is an adult or if the donor is a minor and is either of the following: (1) An emancipated minor. (2) Between 15 and 18 years of age, only upon the written consent of a parent or guardian. (b) An agent of the donor, provided that the power of attorney for health care or other record expressly permits the agent to make an anatomical gift. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  95. 7150.20.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A donor may make an anatomical gift in several listed ways, and certain witness and record requirements apply in some situations.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.20. (a) A donor may make an anatomical gift through any of the following: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card and included on a donor database registry. (2) Directly through the Donate Life California Organ and Tissue Donor Registry Internet Web site. (3) In a will. (4) During a terminal illness or injury of the donor, by any form of communication that clearly expresses the donor’s wish, addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing. (5) As provided in subdivision (b). (b) A donor or other person authorized to make an anatomical gift under Section 7150.15 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol, indicating that the donor has made an anatomical gift, be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall comply with all of the following: (1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person. (2) State that it has been signed and witnessed as provided in paragraph (1). (c) Revocation, suspension, expiration, or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift. (d) An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift. (e) Notwithstanding subdivision (i) of Section 7150.65, a document of gift may designate a particular physician to carry out the recovery procedures. In the absence of this designation, or if the designee is not reasonably available or is deemed by the organ procurement organization not to be qualified to perform the required procedure, the organ procurement organization may authorize another physician or technician to carry out the recovery. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  96. 7150.25.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A donor or authorized person may amend or revoke an anatomical gift, subject to Section 7150.35 and specific signing, witness, and intent requirements.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.25. (a) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may amend or revoke an anatomical gift by either of the following: (1) A record signed by any of the following and recorded in a donor registry database: (A) The donor. (B) The other person. (C) Subject to subdivision (b), another individual acting at the direction of the donor or of the other person, if the donor or other person is physically unable to sign. (2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency. (b) A record signed pursuant to subparagraph (C) of paragraph (1) of subdivision (a) shall comply with all of the following: (1) It shall be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person. (2) It shall state that it has been signed and witnessed as provided in paragraph (1). (c) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under Section 7150.15 may revoke an anatomical gift by the destruction of the document of gift or cancellation of the document of gift on a donor database registry, or the portion of the document of gift used to make the gift, with the intent to revoke the gift. (d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing. (e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subdivision (a). (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  97. 7150.30.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    An individual may refuse to make an anatomical gift, and that refusal can block others from making the gift if it is unrevoked.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.30. (a) An individual may refuse to make an anatomical gift of the individual’s body or part by any of the following: (1) A record signed by either of the following: (A) The individual. (B) Subject to subdivision (b), another individual acting at the direction of the individual if the individual is physically unable to sign. (2) The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death. (3) Any form of communication made by the individual during the individual’s terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. The witnesses shall memorialize this communication in a writing and sign and date the writing. (b) A record signed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) shall comply with both of the following: (1) It shall be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual. (2) It shall state that it has been signed and witnessed as provided in paragraph (1). (c) An individual who has made a refusal may amend or revoke the refusal by any of the following: (1) In the manner provided in subdivision (a) for making a refusal. (2) By subsequently making an anatomical gift pursuant to Section 7150.20 that is inconsistent with the refusal. (3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (d) Except as otherwise provided in subdivision (h) of Section 7150.35, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part. (e) Notwithstanding any provision to the contrary, including, but not limited to, Section 7150.40, only an individual shall make an anatomical gift of all or part of that individual’s body or pacemaker, if it is made known that the individual, at the time of death, was a member of a religion, church, sect, or denomination that relies solely upon prayer for healing of disease or that has religious tenets that would be violated by the disposition of the human body or parts or pacemakers for the purposes of transplantation, therapy, research, or education. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  98. 7150.35.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section limits who may make, amend, or revoke an anatomical gift, with special rules for minors ages 15 to 18 and for parents of deceased unemancipated minors.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.35. (a) Except as otherwise provided in subdivision (g) and subject to subdivision (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under Section 7150.20 or an amendment to an anatomical gift of the donor’s body or part under Section 7150.25. (b) A donor’s revocation of an anatomical gift of the donor’s body or part under Section 7150.25 is not a refusal and does not bar another person specified in Section 7150.15 or 7150.40 from making an anatomical gift of the donor’s body or part under Section 7150.20 or 7150.45. (c) If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Section 7150.20 or an amendment to an anatomical gift of the donor’s body or part under Section 7150.25, another person may not make, amend, or revoke the gift of the donor’s body or part under Section 7150.45. (d) A revocation of an anatomical gift of a donor’s body or part under Section 7150.25 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 7150.20 or 7150.45. (e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 7150.15, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. (f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 7150.15, an anatomical gift of a part for one or more of the purposes set forth in Section 7150.15 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 7150.20 or 7150.45. (g) Notwithstanding subdivision (a), an individual who is between 15 and 18 years of age may make an anatomical gift for any purpose authorized in this chapter, may limit an anatomical gift to one or more of those purposes, may refuse to make an anatomical gift, or may amend or revoke an anatomical gift, only upon the written consent of the parent or guardian. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  99. 7150.40.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Certain listed relatives and other eligible people may make an anatomical gift of a decedent’s body or part, unless barred by other sections or a prior class is available.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.40. (a) Subject to subdivisions (b) and (c), and unless barred by Section 7150.30 or 7150.35, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the following order of priority: (1) An agent of the decedent at the time of death who could have made an anatomical gift under subdivision (b) of Section 7150.15 immediately before the decedent’s death. (2) The spouse or domestic partner of the decedent. (3) Adult children of the decedent. (4) Parents of the decedent. (5) Adult siblings of the decedent. (6) Adult grandchildren of the decedent. (7) Grandparents of the decedent. (8) An adult who exhibited special care and concern for the decedent during the decedent’s lifetime. (9) The persons who were acting as the guardians or conservators of the person of the decedent at the time of death. (10) (A) Any other person having the authority to dispose of the decedent’s body, including, but not limited to, a coroner, medical examiner, or hospital administrator, provided that reasonable effort has been made to locate and inform persons listed in paragraphs (1) to (9), inclusive, of their option to make, or object to making, an anatomical gift. (B) Except in the case where the useful life of the part does not permit, a reasonable effort shall be deemed to have been made when a search for the persons has been underway for at least 12 hours. The search shall include a check of local police missing persons records, examination of personal effects, and the questioning of any persons visiting the decedent before his or her death or in the hospital, accompanying the decedent’s body, or reporting the death, in order to obtain information that might lead to the location of any persons listed. (b) If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (9) of subdivision (a) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 7150.50 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (c) A person shall not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subdivision (a) is reasonably available to make, or to object to the making of, an anatomical gift. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  100. 7150.45.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section lets an authorized person make an anatomical gift in writing or by recorded oral communication, and lets a prior class member amend or revoke it, with special rules when several prior-class members are available.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.45. (a) A person authorized to make an anatomical gift under Section 7150.40 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (b) Subject to subdivision (c), an anatomical gift by a person authorized under Section 7150.40 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 7150.40 may be amended or revoked as follows: (1) Amended only if a majority of the reasonably available members agree to the amending of the gift. (2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift. (c) A revocation under subdivision (b) is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  101. 7150.50.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section says where an anatomical gift may go, how it is used, and when a person must not accept it.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.50. (a) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital, accredited medical school, dental school, college, university, or organ procurement organization, for research or education. (2) Subject to subdivision (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part. (3) An eye bank, or tissue bank. (b) If an anatomical gift to an individual under paragraph (2) of subdivision (a) cannot be transplanted into the individual, the part passes in accordance with subdivision (g) in the absence of an express, contrary indication by the person making the anatomical gift. (c) If an anatomical gift of one or more specific parts, or of all parts, is made in a document of gift that does not name a person described in subdivision (a) but identifies the purpose for which an anatomical gift may be used, all of the following rules shall apply: (1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank. (2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank. (3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ. (4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization. (d) For the purpose of subdivision (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift shall be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education. (e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subdivision (a) and does not identify the purpose of the gift, the gift shall be used only for transplantation or therapy, and the gift passes in accordance with subdivision (g). (f) If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor,” “organ donor,” or “body donor,” or by a symbol or statement of similar import, the gift may be used for transplantation, therapy, research, or education, and the gift passes in accordance with subdivision (g). (g) For purposes of subdivisions (b), (e), and (f) all of the following rules shall apply: (1) If the part is an eye, the gift passes to the appropriate eye bank. (2) If the part is tissue, the gift passes to the appropriate tissue bank. (3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ. (h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (2) of subdivision (a), passes to the organ procurement organization as custodian of the organ. (i) If an anatomical gift does not pass pursuant to subdivisions (a) to (h), inclusive, or the decedent’s body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part. (j) A person shall not accept an anatomical gift if the person knows that the gift was not effectively made under Section 7150.20 or 7150.45 or if the person knows that the decedent made a refusal under Section 7150.30 that was not revoked. For purposes of this subdivision, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift. (k) Except as otherwise provided in paragraph (2) of subdivision (a), nothing in this chapter affects the allocation of organs for transplantation or therapy. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  102. 7150.55.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Certain responders and hospitals must reasonably search for donor or refusal documents when a person is believed dead or near death.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.55. (a) All of the following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual. (2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital. (b) If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph (1) of subdivision (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital. (c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section, but may be subject to administrative sanctions. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  103. 7150.60.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A document of gift can be effective even if it was not delivered during the donor’s lifetime, and after death the person holding it must allow certain people to inspect and copy it.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.60. (a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 7150.50. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  104. 7150.65.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section requires procurement organizations to search donor registries, protect donor information, and perform or allow certain examinations related to anatomical gifts. It also limits who may participate in removal or transplantation and gives the recipient of a part superior rights to that part.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.65. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Donate Life California Organ and Tissue Donor Registry and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift. (b) A procurement organization shall be allowed reasonable access to information in the records of the Donate Life California Organ and Tissue Donor Registry to ascertain whether an individual who is at or near death is a donor. Personally identifiable information on a donor registry about a donor shall not be used or disclosed without the express consent of the donor or the person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. A procurement organization shall not sell the information obtained from the donor registry. A procurement organization shall also comply with all state and federal laws with respect to the protection of a donor’s or prospective donor’s personally identifiable information. (c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. (d) Unless prohibited by law other than this chapter, at any time after a donor’s death, the person to which a part passes under Section 7150.50 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose. (e) Unless prohibited by law other than this chapter, an examination under subdivision (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor. (f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal. (g) Upon referral by a hospital under subdivision (a), a procurement organization shall make a reasonable search for any person listed in Section 7150.40 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information. (h) Subject to subdivision (i) of Section 7150.50, and Section 7151.20, the rights of the person to which a part passes under Section 7150.50 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 7150.50, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation. (i) Except as provided in subdivision (e) of Section 7150.20, neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent. (j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  105. 7150.70.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Each hospital in this state must enter into agreements or affiliations with procurement organizations to coordinate procurement and use of anatomical gifts.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.70. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  106. 7150.75.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A person generally may not knowingly buy or sell a human part for transplantation or therapy for value when removal is intended after death. A person may, however, charge a reasonable amount for specified handling costs.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.75. (a) Except as otherwise provided in subdivision (b), a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy, if removal of a part from an individual is intended to occur after the individual’s death, is guilty of a felony and is subject to a fine not exceeding fifty thousand dollars ($50,000), or imprisonment not exceeding five years, or both the fine and imprisonment. (b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  107. 7150.80.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A person acting in good faith under this chapter or the matching law of another state is not liable, and a person may rely on certain listed representations when deciding whether an anatomical gift was made, changed, or revoked unless the person knows the representation is false.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.80. (a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action or criminal prosecution. (b) Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift. (c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in paragraphs (2) to (8), inclusive, of subdivision (a) of Section 7150.40 relating to the individual’s relationship to the donor or prospective donor, unless the person knows that the representation is untrue. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  108. 7150.85.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    A document of gift is valid if it was executed under certain listed laws, and a person may treat it as valid unless they know it was not validly executed or was revoked.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.85. (a) A document of gift is valid if executed in accordance with any of the following: (1) This chapter. (2) The laws of the state or country where it was executed. (3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed. (b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift. (c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed, or that it was revoked. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  109. 7150.90.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Certain California organ procurement organizations may create a nonprofit registrar and registry; the registrar must maintain the registry, share donor information with designated organizations and tissue/eye banks, and file an annual report.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7150.90. (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby authorized to establish a not-for-profit entity that shall be designated the California Organ and Tissue Donor Registrar, which shall establish and maintain the California Organ and Tissue Donor Registry, to be known as the Donate Life California Organ and Tissue Donor Registry. The registry shall contain information regarding persons who have identified themselves as organ and tissue donors upon their death. The registrar shall be responsible for developing methods to increase the number of donors who enroll in the registry. (b) The registrar shall make available to the federally designated organ procurement organizations (OPOs) in California and the state licensed tissue and eye banks information contained in the registry regarding potential donors on a 24-hour-a-day, seven-day-a-week basis. This information shall be used to expedite a match between identified organ and tissue donors and potential recipients. (c) The registrar may receive voluntary contributions to support the registry and its activities. (d) The registrar shall submit an annual written report to the State Public Health Officer and the Legislature that includes all of the following: (1) The number of donors on the registry. (2) The changes in the number of donors on the registry. (3) The nonidentifiable information, as set forth in a memorandum of understanding or other specified language in Section 12811.3 of the Vehicle Code, of donors as may be determined by information provided on the donor registry forms pursuant to Sections 12811.3 and 13005 of the Vehicle Code. (4) The nonidentifiable information, as set forth in a memorandum of understanding or other specified language in Section 12811.3 of the Vehicle Code, of donors as may be determined by information transmitted to the registry pursuant to Section 1798.90.1 of the Civil Code to identify an individual as a registered organ donor. (Amended by Stats. 2021, Ch. 211, Sec. 1. (AB 1374) Effective January 1, 2022.)
  110. 7151.10.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    If a prospective donor’s directive conflicts with a potential anatomical gift about measures needed for transplant suitability, the attending physician and donor must try to resolve it, and if the donor cannot, an authorized agent or other legally authorized person must act. The conflict must be resolved quickly, and the measures generally may not be withheld or withdrawn before resolution if that would not conflict with appropriate end-of-life care.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.10. (a) As used in this section the following terms have the following meanings: (1) “Advance health care directive” means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor. (2) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life-support system may be withheld or withdrawn from the prospective donor. (3) “Health care decision” means any decision made regarding the health care of the prospective donor. (b) If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none, or the agent is not reasonably available, another person authorized by law other than this chapter to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict shall be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 7150.40. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part shall not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  111. 7151.15.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    County coroners must work with procurement organizations to help recover anatomical gifts, and they may have to conduct compatible post mortem examinations or investigations when notice is received.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.15. (a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education. (b) If a county coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post mortem examination or investigation is going to be performed, unless the coroner denies recovery in accordance with Section 7151.20, the coroner or designee shall conduct a post mortem examination or investigation of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. (c) A part shall not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner shall not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subdivision does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner. (d) Notwithstanding any other law, when an anatomical gift might be available or has been made by a person whose death is imminent due to the lawful withdrawal of medical treatment and if that person’s body, post mortem, will be subject to the coroner’s jurisdiction pursuant to Section 27491 of the Government Code, a procurement organization may notify a coroner of the anatomical gift, and a coroner shall accept the notification, whenever that notification will facilitate the coroner’s ability to conduct a postmortem examination or investigation of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. (Amended by Stats. 2013, Ch. 341, Sec. 2. (AB 1297) Effective January 1, 2014.)
  112. 7151.20.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    The county coroner may allow removal of certain organs after a request from a qualified procurement organization, and related reporting and reimbursement duties apply.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.20. (a) On request from a qualified procurement organization, the county coroner may permit the removal of organs that constitute an anatomical gift from a decedent who died under circumstances requiring an inquest by the coroner. (b) If no autopsy is required, the organs to be removed may be released to the qualified procurement organization. (c) If an autopsy is required and the county coroner determines that the removal of the organs will not interfere with the subsequent course of an investigation or autopsy, the organs may be released for removal. The autopsy shall be performed following the removal of the organs. (d) If a county coroner is considering withholding one or more organs of a potential donor for any reason, the county coroner, or his or her designee, upon request from a qualified organ procurement organization, shall be present during the procedure to remove the organs. The county coroner, or his or her designee, may request a biopsy of those organs or deny removal of the organs if necessary. If the county coroner, or his or her designee, denies removal of the organs, the county coroner may do any of the following: (1) In the investigative report, explain in writing the reasons for the denial. (2) Provide the explanation to the qualified organ procurement organization. (e) If the county coroner, or his or her designee, is present during the removal of the organs, the qualified procurement organization requesting the removal of the organ shall reimburse the county of the coroner, or his or her designee, for the actual costs incurred in performing the duty specified in subdivision (d), if reimbursement is requested by the county coroner. The payment shall be applied to the additional costs incurred by the county coroner’s office in performing the duty specified in subdivision (d). (f) The health care professional removing organs from a decedent who died under circumstances requiring an inquest shall file with the county coroner a report detailing the condition of the organs removed and their relationship, if any, to the cause of death. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  113. 7151.25.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    When applying and construing this act, the need for uniformity among states should be considered.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.25. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  114. 7151.30.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    This section says the act overrides parts of the federal Electronic Signatures in Global and National Commerce Act, but not Section 101(a), and it does not authorize electronic delivery of certain notices.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.30. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit or supersede Section 101(a) of that act (15 U.S.C. Sec. 7001), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)). (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  115. 7151.35.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Hospitals, physicians, procurement organizations, and others may not choose an anatomical gift recipient based on disability, except when the disability is medically significant. People with disabilities cannot be required to prove independent living ability to get a transplant when compensatory support exists, and courts must handle enforcement actions promptly.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.35. (a) No hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient’s physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. (b) Subdivision (a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following: (1) The referral from a primary care provider to a specialist. (2) The referral from a specialist to a transplant center. (3) The evaluation of the patient for the transplant by the transplant center. (4) The consideration of the patient for placement on the official waiting list. (c) A person with a physical or mental disability shall not be required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance. (d) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section. (e) This section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants. (f) As used in this section “disabilities” has the same meaning as used in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq., P.L. 101-336). (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  116. 7151.36.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    Hospitals, physicians, procurement organizations, and others must not choose an anatomical gift recipient solely because the recipient is a qualified patient or tests positive for medical marijuana, unless a physician finds the use medically significant after a case-by-case review.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.36. (a) A hospital, physician and surgeon, procurement organization, or other person shall not determine the ultimate recipient of an anatomical gift based solely upon a potential recipient’s status as a qualified patient, as defined in Section 11362.7, or based solely upon a positive test for the use of medical marijuana by a potential recipient who is a qualified patient, as defined in Section 11362.7, except to the extent that the qualified patient’s use of medical marijuana has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. (b) Subdivision (a) shall apply to each part of the organ transplant process. The organ transplant process includes, but is not limited to, all of the following: (1) The referral from a primary care provider to a specialist. (2) The referral from a specialist to a transplant center. (3) The evaluation of the patient for the transplant by the transplant center. (4) The consideration of the patient for placement on the official waiting list. (c) The court shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with this section. (d) This section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants. (Added by Stats. 2015, Ch. 51, Sec. 1. (AB 258) Effective January 1, 2016.)
  117. 7151.40.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. )

    Verify source ↗

    After an anatomical gift, a technician or enucleator may remove donated parts or eyes after death is determined. The donee must return the donor’s cremated remains on request, unless the donor said otherwise, and must do so at no cost. Knowingly returning someone else’s remains to the listed requester can lead to jail time.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.5. Uniform Anatomical Gift Act [7150 - 7151.40] ( Chapter 3.5 repealed and added by Stats. 2007, Ch. 629, Sec. 2. ) ## 7151.40. (a) If there has been an anatomical gift, a technician may remove any donated parts and an enucleator may remove any donated eyes or parts of eyes, after determination of death by a physician and surgeon. (b) Following the final disposition of the remains of the donor, upon request of a person specified in Section 7100, the donee shall return the cremated remains of the donor at no cost to the person specified in Section 7100, unless the donor has previously designated otherwise in the document of gift. A person who knowingly returns the cremated remains of a person other than the donor to a person specified in Section 7100 shall be punished by imprisonment in the county jail for not more than one year. (c) Residual anatomical materials and human remains donated to hospitals, organ procurement organizations, accredited medical schools, dental schools, colleges, or universities for educational, research, transplantation, or therapeutic use that are no longer useful or needed for those purposes, may be disposed of by those entities through cremation, in the same manner as medical waste, and without additional burial permit requirements if the donor has specifically waived subdivision (b) of Section 7151.40. (Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)
  118. 7152.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. )

    Verify source ↗

    This chapter is named the Altruistic Living Donor Registry Act of 2010 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. ) ## 7152. This chapter shall be known, and may be cited, as the Altruistic Living Donor Registry Act of 2010. (Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
  119. 7152.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. )

    Verify source ↗

    The Legislature states that California should increase the number of organ donors and establish a statewide Altruistic Living Donor Registry.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. ) ## 7152.1. (a) The Legislature finds and declares all of the following: (1) More than 20,000 Californians are currently waiting for a lifesaving organ transplant, and over 17,000 of those individuals are waiting for a kidney transplant. Based on the current trend in organ donations, one in three of those waiting for a transplant will die. In 2009, 5,874 Americans died while waiting for a transplant. (2) On a national level, the number of organ donors increased by 3 percent from the years 2008 to 2009, while the number of organ donors in California decreased by 2 percent during this same time period. In 2009, there were only 798 cadaveric donors and 734 living donors in California. (3) A decrease in organ donors results in longer stays on the national organ transplant waiting list and, consequently, more deaths among those patients who are waiting. (4) The national organ transplant waiting list, which is maintained by the United Network for Organ Sharing, is growing at the rate of approximately 40,000 persons per year. A name is added to this national database every 13 minutes. (5) Since 2005, more than six million Californians have registered to donate their organs and tissue upon death. (6) However, no registry exists in California for those individuals who wish to be an altruistic living organ donor. (b) The use of anatomical gifts, and the donation of organs for the purpose of transplantation, are of great value to the citizens of California and may save or prolong the life, or improve the health of, extremely ill and dying individuals. (c) It is the intent of the Legislature to increase the number of individuals who identify themselves as potential organ donors. It is further the intent of the Legislature to establish a statewide Altruistic Living Donor Registry to expedite the match between organ donors and recipients and to encourage charitable contributions to support the registry. (Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
  120. 7152.2.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. )

    Verify source ↗

    This section lets California organ procurement organizations create a nonprofit registrar and requires the registrar to run a living donor registry.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.56. Altruistic Living Donor Registry Act [7152 - 7152.2] ( Chapter 3.56 added by Stats. 2010, Ch. 217, Sec. 1. ) ## 7152.2. (a) The California organ procurement organizations designated pursuant to Section 273 and following of Title 42 of the United States Code, are hereby authorized to establish a not-for-profit entity that shall be designated the Altruistic Living Donor Registrar, which shall establish and maintain the Altruistic Living Donor Registry. The registry shall contain information regarding persons who have identified themselves as altruistic living kidney donors. The donor registry shall be designed to promote and assist live kidney donations, including donor chains, paired exchanges, and nondirected donations. The registrar shall be responsible for developing methods to increase the number of donors who enroll in the registry. (b) The registrar shall make available to the federally designated organ procurement organizations (OPOs) and transplant centers in California information contained in the registry regarding potential altruistic living donors. This information shall be used to expedite a match between identified organ donors and potential recipients. (c) The registrar may receive voluntary contributions to support the registry and its activities. (d) The registrar shall collect and make all of the following information relating to altruistic kidney donations available to the public: (1) The number of donors on the registry. (2) The changes in the number of donors on the registry. (3) The general characteristics of donors. (e) The registrar may also authorize the registry to include persons who identify themselves as altruistic living donors of organs and tissue other than kidneys to be added to the registry, upon a finding by the Federal Centers for Medicare and Medicaid Services and the United Network for Organ Sharing that the donation is generally regarded as safe and without a significant risk of complications, and would not adversely affect the health of the donor. Upon a finding pursuant to this subdivision, the registrar shall notify the appropriate policy committees of the Legislature. (Added by Stats. 2010, Ch. 217, Sec. 1. (SB 1395) Effective January 1, 2011.)
  121. 7158.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. )

    Verify source ↗

    The Controller must prepare an organ donor information brochure for March payroll warrants each year, and may use a brochure from a regional organ donor organization instead.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. ) ## 7158. (a) The Controller shall prepare, or cause to be prepared, an organ donor information brochure for insertion in all payroll warrants issued by the Controller for the March 1999 pay period, and for every March pay period thereafter, in recognition of National Organ and Tissue Awareness Week, which occurs in April of each year. (b) In lieu of developing an organ donor brochure pursuant to subdivision (a), the Controller may use a brochure developed by a regional organ donor organization. The Controller shall screen for appropriateness for wide distribution. (Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
  122. 7158.1.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. )

    Verify source ↗

    The department must audit inpatient hospitals for organ and tissue procurement procedures and add that check to its regular audits.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. ) ## 7158.1. (a) As a part of its ongoing audit and review process, the Licensing and Certification Division of the State Department of Health Services shall audit for the existence of organ and tissue procurement procedures for all inpatient hospital facilities. The audit shall include a determination of whether these procedures are in place in the facility, whether the procedures are operational and functioning, and whether the procedures are being used. The department shall not be required to audit for the effectiveness of the procedures. No additional audits shall be required for purposes of this section. Instead, the department shall add an organ and tissue audit element to its regular ongoing audits of inpatient facilities. (b) For purposes of this chapter, “organ and tissue procurement procedures” shall include protocols required to be developed pursuant to Section 7184. The audit criteria shall, at a minimum, include all of the following: (1) That the protocols have been developed. (2) That the protocols are operational. (3) That notification requirements to next of kin or other individuals as set forth in Section 7151 and to organ procurement organizations are within a timeframe that is consistent with the maintenance of the organs for the purpose of transplantation. (c) The absence of any of the required organ and tissue procurement procedures at any facility shall be noted by the division, and included in a written audit report or site review summary. In the event that an audit or facility review is conducted in conjunction with review by a national accreditation agency, and that agency prepares a report, the department shall request that the information required by this section with respect to organ and tissue procurement procedures be included in the report prepared by the national accreditation agency. In this event, the department shall not be required to prepare a separate report. (Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
  123. 7158.2.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. )

    Verify source ↗

    Health care service plan contracts covered by this section must give subscribers organ donation information at enrollment and every year afterward.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. ) ## 7158.2. Every health care service plan contract that is issued, amended, delivered, or renewed on or after July 1, 1999, shall provide, upon enrollment and annually thereafter, a notice to subscribers in the evidence of coverage, health plan newsletter, or any direct plan communication to subscribers, information regarding organ donation options. This notice shall inform subscribers of the societal benefits of organ donations and the method whereby they may elect to be an organ or tissue donor. (Added by Stats. 1998, Ch. 457, Sec. 5. Effective January 1, 1999.)
  124. 7158.3.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. )

    Verify source ↗

    A donee must update consent materials and procedures to disclose specified tissue uses and must let donors withhold consent for certain uses; donors may recover civil penalties for noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.55. Organ and Tissue Donation Information and Procedures [7158 - 7158.3] ( Chapter 3.55 added by Stats. 1998, Ch. 457, Sec. 5. ) ## 7158.3. (a) The following definitions shall apply for purposes of this section: (1) “Cosmetic surgery” means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance. (2) “Donee” means a hospital, as defined in paragraph (12) of subdivision (a) of Section 7150.10, or an organ procurement organization, as defined in paragraph (16) of subdivision (a) of Section 7150.10, or a tissue bank licensed pursuant to Chapter 4.1 (commencing with Section 1635) of Division 2. (3) “Reconstructive surgery” means surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to do either of the following: (A) To improve function. (B) To create a normal appearance, to the extent possible. (b) For purposes of accepting anatomical gifts, as defined in paragraph (3) of subdivision (a) of Section 7150.10, a donee shall do all of the following: (1) Revise existing informed consent forms and procedures to advise a donor or, if the donor is deceased, the donor’s representative, that tissue banks work with both nonprofit and for-profit tissue processors and distributors, that it is possible that donated skin may be used for cosmetic or reconstructive surgery purposes, and that donated tissue may be used for transplants outside of the United States. (2) The revised consent form or procedure shall separately allow the donor or donor’s representative to withhold consent for any of the following: (A) Donated skin to be used for cosmetic surgery purposes. (B) Donated tissue to be used for applications outside of the United States. (C) Donated tissue to be used by for-profit tissue processors and distributors. (3) A donee shall be deemed to have complied with paragraph (2) by designating tissue that has been donated with specific restrictions on its use. Once the donee transfers the tissue to a separate entity, the donee’s responsibility for compliance with any restrictions on the tissue ceases. (4) The donor may recover, in a civil action against any individual or entity that fails to comply with this subdivision, civil penalties to be assessed in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), plus court costs, as determined by the court. A separate penalty shall be assessed for each individual or entity that fails to comply with this subdivision. Any civil penalty provided under this paragraph shall be in addition to any license revocation or suspension, if appropriate, authorized under subdivision (c). (5) If the consent of the donor or donor’s representative is obtained in writing, the donee shall offer to provide the donor or donor’s representative with a copy of the completed consent form. If consent is obtained by telephone, the donee shall advise the donor or donor’s representative that the conversation will be audio recorded for verification and enforcement purposes, and shall offer to provide the donor or donor’s representative with a written copy of the recorded telephonic consent form. (c) Violation of this section by a licensed health care provider constitutes unprofessional conduct. (d) This section shall not apply to the removal of sperm or ova pursuant to Section 2260 of the Business and Professions Code. (Amended by Stats. 2015, Ch. 303, Sec. 300. (AB 731) Effective January 1, 2016.)
  125. 7160.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Organ Transplants [7160- 7160.] ( Chapter 3.6 added by Stats. 1990, Ch. 1507, Sec. 2. )

    Verify source ↗

    The State Department of Health Services must consult with the Legislature by December 31, 1991, to evaluate organ transplantation and make recommendations to improve it.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.6. Organ Transplants [7160- 7160.] ( Chapter 3.6 added by Stats. 1990, Ch. 1507, Sec. 2. ) ## 7160. (a) The State Department of Health Services shall consult with the Legislature on or before December 31, 1991, to evaluate and make recommendations to improve the effectiveness of organ transplantation for the general public and in minority communities and low-income communities in California. Data to be considered may include, but not be limited to: (1) The number of persons waiting for organ transplants. (2) The number of available organ donors. (3) The number of hospitals performing transplants and type of transplants. (4) The percentage of medically insured transplant recipients. (5) The percentage of Medi-Cal funded transplant recipients. (6) The waiting time for transplantation. (7) Factors used to determine eligibility for organ transplantation. (8) Referral rates of patients to transplant centers. (9) The number of persons accepted by transplant centers. (10) The cost of recovery, processing, and distribution of the donated organs. (11) The cost of transplantation operations. (12) The financial impact of an organ donation upon the donor and the donor’s family. (13) Survival rates of patients receiving organ transplants. (14) Hospital compliance with Section 7184. (b) In compiling data, the department may utilize various sources, including, but not limited to, the local organ procurement organizations, the United Network for Organ Sharing, and the Association of Organ Procurement Organizations. (Added by Stats. 1990, Ch. 1507, Sec. 2.)
  126. 7180.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 1. Uniform Determination of Death Act [7180- 7180.] ( Article 1 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    The section defines when an individual is legally dead and says the determination must follow accepted medical standards.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 1. Uniform Determination of Death Act [7180- 7180.] ( Article 1 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7180. (a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards. (b) This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. (c) This article may be cited as the Uniform Determination of Death Act. (Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
  127. 7181.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    If a person is declared dead based on irreversible cessation of all brain functions, including the brain stem, another physician must independently confirm the death.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7181. When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be independent confirmation by another physician. (Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
  128. 7182.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    If a donor’s part is used for direct transplantation and death is determined by whole-brain cessation, another physician must independently confirm the death.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7182. When a part of the donor is used for direct transplantation pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150)) and the death of the donor is determined by determining that the individual has suffered an irreversible cessation of all functions of the entire brain, including the brain stem, there shall be an independent confirmation of the death by another physician. Neither the physician making the determination of death under Section 7155.5 nor the physician making the independent confirmation shall participate in the procedures for removing or transplanting a part. (Repealed and added by Stats. 1982, Ch. 810, Sec. 2.)
  129. 7183.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    A health facility must keep, maintain, and preserve complete patient medical records required by regulation when a patient is pronounced dead by an irreversible cessation of all brain functions, including the brain stem.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7183. Complete patient medical records required of a health facility pursuant to regulations adopted by the department in accordance with Section 1275 shall be kept, maintained, and preserved with respect to the requirements of this chapter when an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem. (Added by Stats. 1982, Ch. 810, Sec. 2.)
  130. 7184.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    General acute care hospitals must have a protocol for identifying potential organ and tissue donors and follow required notification and cooperation steps.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7184. (a) Each general acute care hospital shall develop a protocol for identifying potential organ and tissue donors. The protocol shall require that any deceased individual’s next of kin or other individual, as set forth in Section 7151, at or near the time of notification of death be asked whether the deceased was an organ donor or if the family is a donor family. If not, the family shall be informed of the option to donate organs and tissues pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7. With the approval of the designated next of kin or other individual, as set forth in Section 7151, the hospital shall then notify an organ and tissue procurement organization and cooperate in the procurement of the anatomical gift or gifts. The protocol shall encourage reasonable discretion and sensitivity to the family circumstances in all discussions regarding donations of tissue or organs. The protocol may take into account the deceased individual’s religious beliefs or obvious nonsuitability for organ and tissue donation. In the event an organ and tissue procurement organization does not exist in a region, the hospital shall contact an organ or a tissue procurement organization, as appropriate. Laws pertaining to notification of the coroner shall be complied with in all cases of reportable deaths. (b) A general acute care hospital shall comply with subdivision (a) or (c) as a condition of participation in the Medi-Cal program contained in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (c) Notwithstanding subdivision (a), the protocol may alternately provide for the hospital to contact an organ and tissue procurement organization at the time a potential organ and tissue donor is identified, and for the trained personnel of the organ and tissue procurement organization to make the inquiries described in subdivision (a) of the deceased individual’s next of kin or other individual as set forth in Section 7151. (Amended by Stats. 1992, Ch. 583, Sec. 4. Effective January 1, 1993.)
  131. 7184.5.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. )

    Verify source ↗

    A procurement organization must develop an organ-recovery protocol, and that protocol must be approved by the coroner or medical examiner before organs are released or removed.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.7. Death [7180 - 7184.5] ( Chapter 3.7 added by Stats. 1982, Ch. 810, Sec. 2. ) ## ARTICLE 2. Confirmation of Death [7181 - 7184.5] ( Article 2 added by Stats. 1982, Ch. 810, Sec. 2. ) ## 7184.5. (a) In conjunction with entering into any agreement with any coroner or medical examiner for release and removal of organs from bodies within that official’s custody and to further the purposes of Section 27491.45 of the Government Code, a procurement organization shall develop a protocol for organ recovery, as appropriate, that provides sufficient information on the medical and injury status of the deceased to permit release and removal of organs without undue prejudice to that official’s investigation of, or inquiry into, the cause of death. (b) The protocol described in subdivision (a) shall be subject to approval by the coroner or medical examiner before release or removal of organs and shall provide for the following: (1) Relevant information on the deceased to be given to the coroner or deputy coroner at the time of the initial request for permission to recover internal organs, including, but not limited to: (A) Information identifying the deceased. (B) Date and time of pronouncement of brain death. (C) Name of procurement organizations and coordinator. (D) Organs requested. (E) Organ donor number and hospital. (F) Apparent cause and manner of death. (G) A brief description of alleged circumstances surrounding the death to the extent they are known at the time. (H) The law enforcement agency and the name of the investigating officer handling the case. (2) The following information, to be recorded by the organ procurement coordinator at the time of requesting permission for organ removal: (A) The name of the deputy coroner contacted. (B) The name of the pathologist contacted by the deputy coroner. (C) Whether permission for removal was obtained at the time, including the date and time if permission was obtained. (D) The coroner’s case number assigned by the deputy coroner. (E) If the request for organ removal is refused, the reason given for the refusal. (3) A checklist to be completed prior to recovery of any organ by the procurement organization coordinator with the assistance, if necessary, of a physician attending the deceased, that includes, at a minimum, all of the following: (A) medical record review to insure documentation of external injuries, fractures, and internal injuries. (B) In cases of suspected child abuse, whether: (i) A child abuse consult was obtained. (ii) A computerized axial tomographic scan or magnetic resonance image of the head was obtained. (iii) A radiological skeletal survey was done. (iv) The presence or absence of visible injury to the back of the scalp, ears, nose, and mouth, or retinal hemorrhage has been documented. (v) A coagulation screen report was in the deceased’s records. (C) A photographic record of visible external injuries. (D) Admitting blood sample, if available, and the date and time the sample was drawn. (4) A checklist of items to be provided to the coroner’s office when the deceased’s body is released after completion of organ recovery, including, but not limited to, all of the following: (A) A copy of the deceased’s medical records. (B) Film documenting abnormal findings, if used. (C) The information recorded pursuant to the requirements of this subdivision. (D) A sample of the deceased’s blood, if taken on admission. (5) A form, completed by the physician and surgeon, technician, or team performing the organ recovery procedure and signed by the physician and surgeon, that describes in sufficient detail all of the following: (A) Tests used to determine the suitability for transplantation of all organs recovered. (B) Documentation of injuries and other abnormalities, if any, noted or occurring during the organ recovery procedure. (C) The date and time organ recovery was started. (D) Any other information on the state of the deceased’s body or organs that the physician and surgeon, technician, or team believes may assist the coroner in his or her investigation or inquiry. (c) The requirements of subdivision (a) shall not apply in any county that does not have a Level II trauma facility, as defined in Section 1798.160 and the regulations adopted pursuant thereto. (d) Notwithstanding any other provision of law, a health care provider may release the information described in this section to the procurement organization, the coroner, or the medical examiner. (e) For purposes of this section, “organ” or “organs” means internal whole organs, including, but not limited to, the heart, kidneys, the liver, and lungs, but does not include eyes, skin, or other similar tissue. (Added by Stats. 1996, Ch. 827, Sec. 3. Effective January 1, 1997.)
  132. 7200.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain public officials or undertakers responsible for remains at public expense must try to notify the decedent’s relatives, and in some cases must notify the state department after 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7200. Every head of a public institution, city or county undertaker, or state, county, or city officer having charge or control of remains to be interred at public expense shall use due diligence to notify the relatives of the decedent. In the absence of any known relative of the decedent desiring to direct the disposition of the remains in a manner other than provided in this chapter, and upon written request of the state department that these notices are required for a definite period specified in the request, that officer shall notify the state department immediately after the lapse of twenty-four hours after death, stating, whenever possible, the name, age, sex, and cause of death of the decedent. (Amended by Stats. 2001, Ch. 436, Sec. 21. Effective January 1, 2002.)
  133. 7201.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The person in charge of a public institution must, on request, send a brief medical history of an unclaimed dead person to the state department or its designee, and the records are open to inspection by certain public officials.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7201. The person in charge of a public institution in which the decedent was an inmate shall transmit upon request, to the state department or to any person designated by it, a brief medical history of the unclaimed dead for purpose of identification and permanent record, which records shall be open to inspection by any State or county official or prosecuting attorney. (Enacted by Stats. 1939, Ch. 60.)
  134. 7202.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Unclaimed dead assigned for scientific or educational purposes must be embalmed and handled according to State department instructions, and must be held for 30 days, subject to claim and identification by an authenticated relative.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7202. The unclaimed dead retained by the State department for scientific or educational purposes shall be embalmed and disposed of in accordance with the instructions of the State department. Such unclaimed dead shall be held for a period of thirty days by those to whom they may have been assigned for scientific or educational purposes, subject to claim and identification by any authenticated relative of the decedent for purpose of interment or other disposition in accordance with the directions of such relative. (Enacted by Stats. 1939, Ch. 60.)
  135. 7203.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The State department must use retained unclaimed bodies only for instruction and study supporting medical, chiropractic, and embalming education and science in the State.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7203. The bodies of the unclaimed dead retained by the State department shall be used solely for the purpose of instruction and study in the promotion of medical, chiropractic, and embalming education and science within the State. (Enacted by Stats. 1939, Ch. 60.)
  136. 7204.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    People who receive unclaimed dead for educational purposes must pay the reasonable costs of preservation and transportation and keep a permanent record of the bodies received.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7204. All persons receiving unclaimed dead for educational purposes shall bear all reasonable expense incurred in the preservation and transportation of the dead and shall keep a permanent record of bodies received, giving the identification number, the name, age, sex, nationality, and race, if possible, together with the place of last residence of the decedent and the source and disposition, with dates, of the body. (Enacted by Stats. 1939, Ch. 60.)
  137. 7205.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not perform a post mortem examination on unclaimed dead unless specifically authorized by law and with the State department’s express permission.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7205. It is unlawful for any person, unless specifically authorized by law, to hold a post mortem examination of any unclaimed dead without the express permission of the State department. (Enacted by Stats. 1939, Ch. 60.)
  138. 7206.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person authorized to conduct a post mortem examination must allow certain school or college representatives to obtain needed material at the necropsy, if relatives consent or, if there are no relatives, the State department consents, and only if the material is not needed for the State’s legal purposes.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7206. Any person authorized by law to perform post mortem examinations shall permit, with the consent of relatives, or in the absence of such relatives, with the consent of the State department, any representative of the anatomical or pathological departments of an incorporated medical, chiropractic, or osteopathic school or college to obtain at the time of the necropsy, such material in a recent state as may be needed for scientific purposes, if the material is not required for the legal purposes of the State. (Enacted by Stats. 1939, Ch. 60.)
  139. 7207.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a person fails to notify the State department or promptly deliver the body of a deceased indigent as required, and the body becomes unfit for scientific or educational use, the State department must certify that fact and the remains must be buried at the expense of the noncompliant persons.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7207. Whenever, through the failure of any person to notify the State department, or promptly to deliver the body of a deceased indigent as required by the State department, such body becomes unfit for scientific or educational purposes, the State department shall so certify and the remains shall be interred at the expense of those guilty of such noncompliance. (Enacted by Stats. 1939, Ch. 60.)
  140. 7208.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or violates this chapter, commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Disposal of Unclaimed Dead [7200 - 7208] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## 7208. Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who violates any provision of this chapter is guilty of a misdemeanor. (Enacted by Stats. 1939, Ch. 60.)
  141. 7300.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A person may not embalm the body of someone who died from an unknown cause unless the coroner gives permission.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7300. No person shall embalm the body of any person who has died from an unknown cause, except with the permission of the coroner. (Amended by Stats. 1951, Ch. 560.)
  142. 7301.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An embalmer must not embalm a dead human body if they have information reasonably indicating a crime connected to the death, unless the coroner’s permission has been obtained.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7301. No embalmer shall embalm a dead human body when he has information reasonably indicating crime in connection with the death until permission of the coroner has been obtained. (Amended by Stats. 1977, Ch. 1257.)
  143. 7302.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Funeral directors and embalmers must immediately report contagious cases they are called on to the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7302. Every funeral director and embalmer shall immediately report to the local health officer every contagious case on which the funeral director or embalmer may be called. (Enacted by Stats. 1939, Ch. 60.)
  144. 7303.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An embalmer must not embalm a dead human body in certain motor-vehicle death cases unless permission has been obtained from the coroner, deputy coroner, or, if there is no coroner, a county judge.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7303. No embalmer shall embalm a dead human body when he has information reasonably indicating the death has occurred while the deceased was driving or riding in a motor vehicle, or as a result of the deceased being struck by a motor vehicle, until permission of the coroner, his appointed deputy coroner, or a judge in the county, if there is no coroner, has been obtained. (Added by Stats. 1970, Ch. 1355.)
  145. 7304.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    An embalmer may not embalm a dead body without permission from the person who has the right to control disposition of the remains, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Embalming [7300 - 7304] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7304. No embalmer shall embalm a dead body without obtaining written or oral permission of a person who has the right to control the disposition of the remains pursuant to Section 7100, except that prior authorization is not required if embalming is necessary in order to comply with applicable laws or regulations, or is necessary to avoid irreparable deterioration of the dead body, in which case, a good faith effort shall be made to obtain permission. (Added by Stats. 1978, Ch. 530.)
  146. 7355.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Transportation [7355- 7355.] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A common carrier generally may not accept a body for transportation unless it has been embalmed, prepared by a licensed embalmer, placed in a sound casket, and enclosed in a transportation case; subdivision (b) allows an exception for bodies that cannot be embalmed or are decomposed if specified containers are used.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [7000 - 7355] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Embalming and Transportation [7300 - 7355] ( Chapter 5 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Transportation [7355- 7355.] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7355. (a) Except as provided in subdivision (b), the bodies of persons who have died from any cause shall not be received for transportation by a common carrier unless the body has been embalmed and prepared by a licensed embalmer and placed in a sound casket and enclosed in a transportation case. (b) A dead body, which cannot be embalmed or is in a state of decomposition, shall be received for transportation by a common carrier if the body is placed in an airtight metal casket enclosed in a strong transportation case or in a sound casket enclosed in an airtight metal or metal-lined transportation case. (Amended by Stats. 1973, Ch. 574.)
  147. 7500.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Remains may not be removed from a cemetery unless there is a written order from the local health department or the county superior court, and anyone who removes remains must keep records and give a copy to the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7500. No remains of any deceased person shall be removed from any cemetery, except upon written order of the health department having jurisdiction, or of the superior court of the county in which such cemetery is situated. A duplicate copy of the order shall be maintained as a part of the records of the cemetery. Any person who removes any remains from any cemetery shall keep and maintain a true and correct record showing: (a) The date such remains were removed. (b) The name and age of the person removed, when these particulars can be conveniently obtained and the place to which the remains were removed. (c) The cemetery and the plot therein in which such remains were buried. If the remains are disposed of other than by interment, a record shall be made and kept of such disposition. The person making the removal shall deliver to the cemetery authority operating the cemetery from which the remains were removed, a true, full and complete copy of such record. (Enacted by Stats. 1939, Ch. 60.)
  148. 7501.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may not remove interred remains unless a removal permit has been issued by the local registrar and delivered to the cemetery authority.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7501. A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit for the removal has been issued by the local registrar of the district in which the premises are located, and delivered to the cemetery authority. Any person entitled by law to remove any remains may apply to the local registrar for a permit to remove them. The local registrar shall issue a permit, which in all cases, shall specify the name of a cemetery where the remains shall be interred, and shall retain a copy, except that if cremated remains are to be buried at sea as provided in Section 7117 of this code, the permit shall so specify and indicate the county where the fact of burial at sea shall be reported. (Amended by Stats. 1965, Ch. 1421.)
  149. 7502.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority does not need a separate permit to disinter, transport, or remove each person’s remains under Chapter 4, but those activities remain subject to reasonable local rules and regulations.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Permits [7500 - 7502] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7502. In the disinterment, transportation and removal of human remains under Chapter 4 of this part a cemetery authority need not obtain a separate permit for the disinterment, transportation or removal of the remains of each person, but disinterment, transportation and removal of human remains shall be made subject to reasonable rules and regulations relative to the manner of disinterring, transporting or removing such remains as may be adopted by the board of health or health officer of the city or city and county in which the cemetery lands are situated. (Enacted by Stats. 1939, Ch. 60.)
  150. 7525.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Remains may be removed from a cemetery plot only with the cemetery authority’s consent and the written consent of the first available relative listed in the section.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7525. The remains of a deceased person may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the following in the order named: (a) The surviving spouse. (b) The surviving children. (c) The surviving parents. (d) The surviving brothers or sisters. (Enacted by Stats. 1939, Ch. 60.)
  151. 7526.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If required consent cannot be obtained, the superior court of the county where the cemetery is located can provide permission that is sufficient.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7526. If the required consent can not be obtained, permission by the superior court of the county where the cemetery is situated is sufficient. (Enacted by Stats. 1939, Ch. 60.)
  152. 7527.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before asking the court for permission, notice must be given at least 10 days ahead if delivered personally, or 15 days ahead if sent by mail.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7527. Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if by mail, to the cemetery authority and to the persons not consenting, and to every other person or association on whom service of notice may be required by the court. (Enacted by Stats. 1939, Ch. 60.)
  153. 7528.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    This section says Article 2 does not restrict certain removals or disinterments of remains.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. General Provisions [7500 - 7528] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Consent to Removal [7525 - 7528] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7528. This article does not apply to or prohibit the removal of any remains from one plot to another in the same cemetery or the removal of remains by a cemetery authority from a plot for which the purchase price is past due and unpaid, to some other suitable place; nor does it apply to the disinterment of remains upon order of court or coroner. (Enacted by Stats. 1939, Ch. 60.)
  154. 7600.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Removal of All Remains: Cities of 1500–100,000 [7600- 7600.] ( Chapter 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city governing body in a city of 1,500 to 100,000 people may, by ordinance and rules it adopts, order the disinterment and removal of human remains from certain cemeteries.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. Removal of All Remains: Cities of 1500–100,000 [7600- 7600.] ( Chapter 3 enacted by Stats. 1939, Ch. 60. ) ## 7600. The governing body of any city having a population of more than fifteen hundred and not exceeding one hundred thousand, may, by ordinance, and under such rules and regulations as it may adopt, provide for the disinterring and removal of all human remains from cemeteries in which no interments have been made for a period of two years, which are within the city, or owned and controlled by the city and located without its boundaries. (Enacted by Stats. 1939, Ch. 60.)
  155. 7700.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Power of Municipality [7700 - 7701] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A qualifying city or city and county governing body may order disinterment and removal of human remains from certain large cemeteries when specific public-health findings are made by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Power of Municipality [7700 - 7701] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7700. The governing body of any city or city and county, having a population of more than one hundred thousand persons, may order the disinterment and removal of all human remains interred in all or any part of any cemetery of more than five acres in extent situated within its limits, where the right of interment in the cemetery has been prohibited by law for a period of fifteen years or more, whenever the governing body, by ordinance, declares that the further maintenance of all or any part of the cemetery as a burial place for the human dead threatens or endangers the health, safety, comfort or welfare of the public and demands the disinterment and removal beyond the limits of the city, or city and county, of the human remains interred therein. (Enacted by Stats. 1939, Ch. 60.)
  156. 7701.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Power of Municipality [7700 - 7701] ( Article 1 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A city or city and county’s governing body may set rules for disinterment and removal of remains, and the ordinance must allow at least two years for removal before the city may remove and reinter the remains itself.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Power of Municipality [7700 - 7701] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 7701. The governing body of such city or city and county may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable rules and regulations governing the manner of making disinterments and removals and providing for reinterment in cemeteries outside the city or city and county limits. The ordinance shall prescribe a reasonable time of not less than two years in which the removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city or city and county will itself proceed to remove the remains and reinter them in another cemetery or cemeteries outside the city or city and county limits. (Enacted by Stats. 1939, Ch. 60.)
  157. 7725.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention by Cemetery Authority [7725 - 7726] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority may declare an intention to disinter and remove remains, and to reinter them elsewhere or place them in a memorial mausoleum or columbarium, when the remains are ordered removed by ordinance under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention by Cemetery Authority [7725 - 7726] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7725. The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with this chapter, may declare its intention and purpose to disinter and remove the remains in accordance with the ordinance, and to reinter the remains in another cemetery or cemeteries outside the limits of the city or city and county, or to deposit the removed remains in a memorial mausoleum or columbarium. In the case of a cemetery corporation or association the procedure for such declaration shall be by resolution of the governing body of the corporation or association, ratified and approved by a majority vote of the lot owners or holders at any regular meeting of the corporation or association, or at a meeting specially called for the purpose. (Enacted by Stats. 1939, Ch. 60.)
  158. 7726.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention by Cemetery Authority [7725 - 7726] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a cemetery authority adopts or declares a resolution to disinter and remove human remains, it must state that the remains left in the cemetery will be removed after 10 months from the first publication of the notice.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Declaration of Intention by Cemetery Authority [7725 - 7726] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 7726. Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority shall specify and declare that at any time after the expiration of ten months from and after the first publication of the notice of the resolution or declaration, the human remains then remaining in all or any part of the cemetery will be removed by the cemetery authority. (Enacted by Stats. 1939, Ch. 60.)
  159. 7735.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A notice of intent to remove human remains from a cemetery must be published in a general circulation newspaper in the city or city and county where the cemetery is located.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 7735. Notice of a declaration of intention to remove the human remains from all or any part of any cemetery shall be given by publication in a newspaper of general circulation published in the city, or city and county, in which the cemetery or the portion from which removals are to be made is situated. Publication shall be at least once a week for two successive months. (Enacted by Stats. 1939, Ch. 60.)
  160. 7736.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A cemetery authority that publishes the notice must give it the required title and set a removal date at least ten months after first publication.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 7736. The notice shall be entitled “Notice of Declaration of Intention to Remove Human Remains from ____ (insert name of cemetery) in accordance with the provisions of Ordinance No. ____ (insert number) of the ____ (insert name of city, or city and county) adopted ____ (insert date)” and shall specify a date not less than ten months after the first publication when the cemetery authority causing the notice to be published will proceed to remove the remains then remaining in such cemetery or the portion from which removals are to be made. (Enacted by Stats. 1939, Ch. 60.)
  161. 7737.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Copies of the notice must be posted within 10 days after first publication in at least three conspicuous places in the cemetery or the part of it where removals will occur.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 7737. Copies of the notice shall within ten days after the first publication be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made. (Enacted by Stats. 1939, Ch. 60.)
  162. 7738.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A copy of the notice must be mailed to each eligible person tied to a cemetery plot affected by the removal.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 7738. A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name appears upon the records of the cemetery. The notice shall be addressed to the last known post-office address of the plot owner as it appears from the records of the cemetery, and if his address does not appear or is not known, then to him at the city, or city and county, in which the cemetery land is situated. (Enacted by Stats. 1939, Ch. 60.)
  163. 7739.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The notice must also be mailed to each known living heir at law, if the heir’s address is known.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 3. Notice of Intention [7735 - 7739] ( Article 3 enacted by Stats. 1939, Ch. 60. ) ## 7739. The notice shall also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known. (Enacted by Stats. 1939, Ch. 60.)
  164. 7750.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A relative or friend may give the cemetery authority written notice before the removal date if they want to be present when remains are disinterred or reinterred.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 7750. At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that he desires to be present when the remains are disinterred or are reinterred. (Enacted by Stats. 1939, Ch. 60.)
  165. 7751.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A notice to the cemetery authority must include the person’s name, the burial plot, the date of interment, and an address for sending required notices.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 7751. The notice to the cemetery authority shall specify: (a) The name of the person whose remains are to be disinterred. (b) As accurately as possible, the plot where the remains are interred. (c) The date of interment. (d) An address at which the required notices may be given by the cemetery authority. (Enacted by Stats. 1939, Ch. 60.)
  166. 7752.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A notice may be delivered or sent by registered mail to the cemetery authority’s office or principal place of business.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 7752. The notice may be delivered, or forwarded by registered mail, to the office or principal place of business of the cemetery authority proposing to make removals. (Enacted by Stats. 1939, Ch. 60.)
  167. 7753.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    The cemetery authority must give the requester written notice of when the remains will be disinterred and reinterred, and where reinterment will happen.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 7753. After receipt of such notice before the date fixed for the removal of the remains by the cemetery authority, it shall give written notice to the person requesting it of the time when the remains shall be disinterred and of the time when and the place where they will be reinterred. This notice shall be given by delivery, or by mail, to the person requesting it at least ten days prior to the date specified for the disinterment of the remains. (Enacted by Stats. 1939, Ch. 60.)
  168. 7754.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a relative or friend asks for notice, the cemetery authority must not disinter the remains until the required notice of the time of disinterment is given to that relative or friend.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 4. Special Notice to Relative or Friend [7750 - 7754] ( Article 4 enacted by Stats. 1939, Ch. 60. ) ## 7754. Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disinter the remains referred to until the notice of the time of disinterment is given the relative or friend, as provided in this article. (Enacted by Stats. 1939, Ch. 60.)
  169. 7800.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before a cemetery authority removes remains, a relative or friend of the decedent may voluntarily remove and dispose of them.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7800. At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and dispose of the remains. (Enacted by Stats. 1939, Ch. 60.)
  170. 78000.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [78000 - 78005] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section names the part the Carpenter-Presley-Tanner Hazardous Substance Account Act and says it recodifies earlier hazardous substance account provisions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [78000 - 78005] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78000. (a) This part shall be known and may be cited as the Carpenter-Presley-Tanner Hazardous Substance Account Act. (b) This part recodifies the provisions of former Chapter 6.8 (commencing with Section 25300) of Division 20. Sections 1 and 2 of the act that added this part, and the entirety of Assembly Bill 2327 of the 2021–22 Regular Session, the act that consists of conforming revisions to reflect the addition of this part, shall be known and may be cited as the Hazardous Substance Account Recodification Act. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  171. 78005.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [78000 - 78005] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    The Legislature states its intent to create a hazardous-substance response program, compensate certain injuries from hazardous-substance exposure, and ensure funding for California’s share of certain federal costs.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 1. Preliminary Provisions [78000 - 78005] ( Article 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78005. It is the intent of the Legislature to do all of the following: (a) Establish a program to provide for response authority for releases of hazardous substances, including spills and hazardous waste disposal sites that pose a threat to the public health or the environment. (b) Compensate persons, under certain circumstances, for out-of-pocket medical expenses and lost wages or business income resulting from injuries proximately caused by exposure to releases of hazardous substances. (c) Make available adequate funds in order to permit the State of California to assure payment of its 10-percent share of the costs mandated pursuant to Section 104(c)(3) of the federal act (42 U.S.C. Sec. 9604(c)(3)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  172. 7801.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Before removing remains, the person seeking removal must give the cemetery authority an affidavit with specified burial and heir information. If that person is not an heir at law, the removal cannot occur until written consent from a majority of the known in-state heirs is delivered.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7801. The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an affidavit stating the name of the decedent whose remains it is desired to remove and, so far as is known to affiant, the date of burial and the names and places of residence of the heirs at law of the decedent. If the person desiring to cause the removal is not an heir at law of the person whose remains he desires to remove, the removal shall not be made by him until he has delivered to the cemetery authority the written consent of a majority of the known heirs at law of the decedent who are residents of this State. The statements in the affidavit are sufficient evidence of the number, names, and residences of the heirs at law for all of the purposes of this article, and the written consent of the majority of the heirs at law named in the affidavit is sufficient authority for the cemetery authority to permit the removal of the remains. (Enacted by Stats. 1939, Ch. 60.)
  173. 78010.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the recodification act does not substantively change the law and must be read as nonsubstantive.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78010. Nothing in the Hazardous Substance Account Recodification Act is intended to substantively change the law contained in former Chapter 6.8 (commencing with 25300) of Division 20. The act is intended to be entirely nonsubstantive in effect. Every provision of this part and every other provision of the act, including, without limitation, every cross-reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  174. 78015.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says certain substantially unchanged provisions are treated as continuations of earlier law, and cross-references are interpreted accordingly.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78015. (a) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation of the previously existing provision and not as a new enactment. (b) A reference in a statute or regulation to a previously existing provision that is restated and continued in this part shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation. (c) A reference in a statute or regulation to a provision of this part that is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision. (d) A reference in a regulation to a provision of former Chapter 6.8 (commencing with Section 25300) of Division 20, rather than to the provision of this part that continues the former provision, has no effect on the validity of the regulation. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  175. 7802.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain plot purchasers or owners may cause removal of all remains in a plot without filing an affidavit of consent.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7802. Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: (a) The purchaser or owner of the plot. (b) The purchaser or owner of the right of interment in the plot. (c) Any one of joint purchasers or owners of the plot or of the right of interment in the plot. (Enacted by Stats. 1939, Ch. 60.)
  176. 78020.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A judicial decision interpreting an earlier provision may be used when interpreting a restated and continued provision in this part.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78020. (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this part that restates and continues that previously existing provision. (b) However, in enacting the Hazardous Substance Account Recodification Act, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act. (c) The Hazardous Substance Account Recodification Act is not intended to, and does not, reflect any assessment of any judicial decision interpreting any provision affected by the act. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  177. 78025.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says prior judicial decisions about a former provision may matter when judging the constitutionality of a restated provision, but the Legislature did not evaluate constitutionality or the correctness of any prior court decision.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78025. (a) A judicial decision on the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this part that restates and continues that previously existing provision. (b) However, in enacting the Hazardous Substance Account Recodification Act, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision on the constitutionality of any provision affected by the act. (c) The Hazardous Substance Account Recodification Act is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  178. 7803.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a grantee’s burial plot rights pass to heirs by succession without a court distribution order, the heirs at law may remove the remains in the plot, and the cemetery authority must accept an heir’s affidavit as proof of the transfer.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7803. If the right, title or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the grantee without distribution by order of court, the heir or heirs at law may remove the remains of persons interred in the plot. The affidavit of any heir at law setting out the facts of heirship shall be accepted by the cemetery authority as sufficient evidence of the fact of the transfer. (Enacted by Stats. 1939, Ch. 60.)
  179. 78030.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    A state department or agency may make a conforming rule change without the usual rulemaking procedure if it meets this section’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 2. Effect of Recodification [78010 - 78030] ( Article 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78030. (a) The department or another state agency may make a conforming rule change without complying with the rulemaking procedure specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, if the rule change meets all of the requirements of this section. (b) To proceed under this section, the department or agency shall submit all of the following to the Office of Administrative Law: (1) A completed and signed form STD 400. (2) A statement declaring that each proposed rule change in the submission is a conforming rule change. (3) A copy of the text of each regulation to be changed, with strikeout and underscore showing the changes. (c) On receipt of a submission described in subdivision (b), the Office of Administrative Law shall file the changed regulations with the Secretary of State and have them published in the California Code of Regulations. (d) For the purposes of this section, a “conforming rule change” means a rule change that deletes a reference to a provision of former Chapter 6.8 (commencing with Section 25300) of Division 20 and replaces it with a reference to the provision of this part that continues or restates the former provision. A “rule change” includes a change to the text of a regulation in the California Code of Regulations, a regulation’s citation of authority, or a regulation’s reference. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  180. 78035.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section says the article’s definitions control how this part is read, and federal Act definitions also apply unless the context requires otherwise or this article provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78035. The definitions set forth in this article govern the interpretation of this part. Unless the context requires otherwise and except as provided in this article, the definitions contained in Section 101 of the federal act (42 U.S.C. Sec. 9601) apply to the terms used in this part. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  181. 7804.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If remains are removed by a relative or friend of the decedent, the person causing the removal may remove attached cemetery improvements, and the cemetery authority may allow that removal based on an affidavit or written consent.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7804. Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove any vault, monument, headstone, coping or other improvement appurtenant to the interment space from which the remains have been removed. The affidavit or written consent given under the provisions of this chapter are sufficient authority for the cemetery authority to permit the removal of any such appurtenance. (Enacted by Stats. 1939, Ch. 60.)
  182. 78040.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Agency” as the California Environmental Protection Agency.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78040. “Agency” means the California Environmental Protection Agency. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  183. 78045.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “contract competitor” as a person competing for a state contract under Section 78655(a).

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78045. “Contract competitor” means any person competing for a state contract pursuant to subdivision (a) of Section 78655. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  184. 7805.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If appurtenances stay on a plot for more than 90 days after the last human remains are removed, the cemetery authority may remove and dispose of them, and interested persons may not bring court actions about them.

    ## Health and Safety Code - HSC ## DIVISION 7. DEAD BODIES [7000 - 8030] ( Division 7 enacted by Stats. 1939, Ch. 60. ) ## PART 2. DISINTERMENT AND REMOVAL [7500 - 8030] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Removal of All Remains: Cities and Cities and Counties Over 100,000 [7700 - 8005] ( Chapter 4 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 5. Removals by Relatives or Friends [7800 - 7805] ( Article 5 enacted by Stats. 1939, Ch. 60. ) ## 7805. If such appurtenances remain on the plot for more than ninety days after the removal of the last human remains, they may be removed and disposed of by the cemetery authority, and thereafter no person claiming any interest in the plot, or any such appurtenance shall maintain in any court any action in relation to any such appurtenance. (Enacted by Stats. 1939, Ch. 60.)
  185. 78050.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Department” as the Department of Toxic Substances Control.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78050. “Department” means the Department of Toxic Substances Control. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  186. 78055.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Director” as the Director of Toxic Substances Control.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78055. “Director” means the Director of Toxic Substances Control. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  187. 78060.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “feasibility study” for hazardous substance response.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78060. “Feasibility study” means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the environment, at a hazardous substance release site, or other activities deemed necessary by the department for the development of a remedial action plan. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  188. 78065.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “Federal act” as the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78065. “Federal act” means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  189. 78070.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “federally permitted release” by referring to the federal Act’s definition in 42 U.S.C. § 9601(10).

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78070. “Federally permitted release” has the same meaning as defined in Section 101(10) of the federal act (42 U.S.C. Sec. 9601(10)). (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  190. 78075.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “hazardous substance” and lists specific included categories and exclusions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78075. (a) “Hazardous substance” means: (1) Any substance designated pursuant to Section 1321(b)(2)(A) of Title 33 of the United States Code. (2) Any element, compound, mixture, solution, or substance designated pursuant to Section 102 of the federal act (42 U.S.C. Sec. 9602). (3) Any hazardous waste having the characteristics identified under or listed pursuant to Section 6921 of Title 42 of the United States Code, but not including any waste the regulation of which under the federal Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.) has been suspended by act of Congress. (4) Any toxic pollutant listed under Section 1317(a) of Title 33 of the United States Code. (5) Any hazardous air pollutant listed under Section 7412 of Title 42 of the United States Code. (6) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to Section 2606 of Title 15 of the United States Code. (7) Any hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded. (b) “Hazardous substance” does not include: (1) Petroleum, including crude oil or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance in paragraphs (1) to (6), inclusive, of subdivision (a), and natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and synthetic gas usable for fuel). (2) Ash produced by a resource recovery facility utilizing a municipal solid waste stream. (3) Nontoxic, nonflammable, noncorrosive stormwater runoff drained from underground vaults, chambers, or manholes into gutters or storm sewers. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  191. 78080.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    “Operation and maintenance” means certain follow-up activities at a hazardous substance release site after a response action, when the department or regional board deems them necessary for health, safety, environmental protection, or to preserve response-action effectiveness.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78080. “Operation and maintenance” means those activities initiated or continued at a hazardous substance release site following completion of a response action that are deemed necessary by the department or regional board in order to protect public health or safety or the environment, to maintain the effectiveness of the response action at the site, or to achieve or maintain the response action standards and objectives established by the final remedial action plan or final removal action work plan applicable to the site. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  192. 78085.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “person” broadly to include individuals, many business entities, and many public bodies, subject to the phrase “to the extent permitted by law.”

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78085. “Person” means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the United States and its agencies and instrumentalities, to the extent permitted by law. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  193. 78090.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines a “phase I environmental assessment” and says it may include various records reviews and surveys; sampling or testing is not required.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78090. “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been, or may have been, a release of a hazardous substance based on reasonably available information about the property and general vicinity. A phase I environmental assessment may include, but is not limited to, a review of public and private records, current and historical land uses, prior releases of a hazardous material, database searches, reviews of relevant files of federal, state, and local agencies, visual and other surveys of the property and general vicinity, interviews with current and previous owners and operators, and review of regulatory correspondence and environmental reports. Sampling or testing is not required as part of a phase I environmental assessment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  194. 78095.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “preliminary endangerment assessment.”

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78095. “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous substance management practices have resulted in a release or threatened release of a hazardous substance that poses a threat to the public health or the environment and is conducted in a manner that complies with the guidelines published by the department entitled “Preliminary Endangerment Assessment: Guidance Manual,” or as those guidelines may be amended by the department. A preliminary endangerment assessment includes all of the following activities: (a) Sampling and analysis of a site. (b) A preliminary determination of the type and extent of hazardous material contamination of a site. (c) A preliminary evaluation of the risks the hazardous materials contamination of a site may pose to public health or the environment. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  195. 78100.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    “Regional board” means a California regional water quality control board.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78100. “Regional board” means a California regional water quality control board. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  196. 78105.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “release” broadly as many forms of discharging substances into the environment, but lists several exclusions.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78105. (a) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. (b) “Release” does not include any of the following: (1) Any release that results in exposure to persons solely within a workplace, with respect to a claim those exposed persons may assert against their employer. (2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine. (3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954 (42 U.S.C. Sec. 2011 et seq.), if the release is subject to requirements with respect to financial protection established by the federal Nuclear Regulatory Commission under Section 2210 of Title 42 of the United States Code. (4) Any release of source, byproduct, or special nuclear material, as those terms are defined in the federal Atomic Energy Act of 1954 (42 U.S.C. Sec. 2011 et seq.), from any processing site designated under Section 7912(a)(1) or 7942(a) of Title 42 of the United States Code, which sections are a part of the federal Uranium Mill Tailings Radiation Control Act of 1978 (Public Law 95-604). This paragraph applies for the purposes of Section 104 of the federal act (42 U.S.C. Sec. 9604) or any other response action. (5) The normal application of fertilizer, plant growth regulants, and pesticides. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  197. 78110.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “release authorized or permitted pursuant to state law.”

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78110. A “release authorized or permitted pursuant to state law” means any release into the environment that is authorized by statute, ordinance, regulation, or rule of any state, regional, or local agency or government or by any specific permit, license, or similar authorization from such an agency, including one of the foregoing, that recognizes a standard industry practice, including variances obtained from the agency that allow operations for facilities during a period of time when releases from the facilities do not conform with relevant statutes, ordinances, regulations, or rules. The term includes a federally permitted release, as defined by Section 78070, and releases that are in accordance with any court order or consent decree. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  198. 78115.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “remedial design” as the detailed engineering plan used to implement an approved remedial action alternative or initial remedial measure.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78115. “Remedial design” means the detailed engineering plan to implement the remedial action alternative or initial remedial measure approved by the department. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  199. 78120.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “remedial investigation” as actions the department considers necessary to assess a hazardous substance release and plan remediation.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78120. “Remedial investigation” means those actions deemed necessary by the department to determine the full extent of a hazardous substance release at a site, identify the public health and environment threat posed by the release, collect data on possible remedies, and otherwise evaluate the site for purposes of developing a remedial action plan. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
  200. 78125.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. )

    Verify source ↗

    This section defines “remedy” or “remedial action” for hazardous substance response.

    ## Health and Safety Code - HSC ## DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE [78000 - 81050] ( Division 45 added by Stats. 2022, Ch. 257, Sec. 2. ) ## PART 2. HAZARDOUS SUBSTANCE ACCOUNT [78000 - 81050] ( Part 2 added by Stats. 2022, Ch. 257, Sec. 2. ) ## CHAPTER 1. General Provisions [78000 - 78185] ( Chapter 1 added by Stats. 2022, Ch. 257, Sec. 2. ) ## ARTICLE 3. Definitions [78035 - 78170] ( Article 3 added by Stats. 2022, Ch. 257, Sec. 2. ) ## 78125. “Remedy” or “remedial action” includes all of the following: (a) Those actions that are consistent with a permanent remedy, that are taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous substance into the environment, as further defined by Section 101(24) of the federal act (42 U.S.C. Sec. 9601(24)), except that any reference in Section 101(24) of the federal act (42 U.S.C. Sec. 9601(24)) to the President, relating to determinations regarding the relocation of residents, businesses, and community facilities shall, for the purposes of this part, be deemed to be a reference to the Governor and any other reference in that section to the President shall, for the purposes of this part, be deemed a reference to the Governor, or the director, if designated by the Governor. (b) Those actions that are necessary to monitor, assess, and evaluate a release or a threatened release of a hazardous substance. (c) Site operation and maintenance. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.