Title BPC, California Bus. & Prof. Code

The board in all cases of revocation shall certify the fact of the revocation, under the seal of the board, to the business licensing entity of the cities or counties in which the license of the acupuncturist has been revoked. The record of the revocation made by the county or ci…

(a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than th…

(a) (1) Every person who is licensed to practice acupuncture in this state shall register, on forms prescribed by the board that may include an application for an initial license or for renewal of a license, each place of practice and apply to the board to obtain a wall license f…

(a) The board, or its designee, may, upon complaint, inspect any of the following: (1) Any premise in which acupuncture services, as defined in Section 4937, are provided or reasonably suspected of being provided. (2) Any place of practice registered with the board for which a wa…

(a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed…

Whenever any person has engaged in an act or practice which constitutes an offense against this chapter, a superior court of a county on application of the board may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be g…

The provisions of this article insofar as they are substantially the same as provisions relating to the same subject matter of any previous acupuncture licensure law shall be construed as a restatement and continuation thereof, and not as a new enactment. (Amended by Stats. 1999,…

An apprentice embalmer is a person engaged in the study of embalming under the instruction and supervision of a licensed embalmer who has had at least two years’ practical experience as a California licensed embalmer. (Amended by Stats. 1996, Ch. 1151, Sec. 23. Effective January …

An application for registration as an embalmer’s apprentice shall be made upon a form provided by the bureau, verified by the applicant and accompanied by the fee fixed by this chapter. (Amended by Stats. 2000, Ch. 568, Sec. 121. Effective January 1, 2001.)

In order to qualify as an apprentice embalmer, an applicant shall comply with all of the following requirements: (a) Be over 18 years of age. (b) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (c) Do one of the following: (1) Fur…

Certificates of apprenticeship issued pursuant to this article shall expire when the holder has been issued a license as an embalmer, or six years from the date of registration, whichever first occurs. The certificates may not be renewed, but an apprentice embalmer who has not co…

All registered apprentice embalmers shall comply with the following requirements during their period of apprenticeship: (a) Shall file a report of apprenticeship as follows: (1) On or before January 15 of each year covering the period of apprenticeship ending as of December 31 pr…

(a) The term of apprenticeship shall be two years. However, if an apprentice after having served his or her apprenticeship fails to pass the examinations required for an embalmer’s license, he or she may continue for one additional term of apprenticeship, which shall be the maxim…

(a) The bureau shall have the power to grant leaves of absence and extensions of leaves of absence and approve absences during the term of apprenticeship. (b) A leave of absence, including any extensions, shall not be approved for a longer period than an aggregate of one year. (c…

The bureau may suspend or revoke a certificate of apprenticeship, after notice and upon complaint and hearing in accordance with the provisions of Article 6, if the apprentice is guilty of any of the following acts or omissions: (a) Failure to devote full-time employment to the d…

An apprentice who has had his or her certificate of apprenticeship suspended or revoked may, within one year after the suspension or revocation apply for reregistration upon compliance with the law in effect at the time he or she so applies and payment of the apprentice applicati…

(a) The apprenticeship required by this article shall be served in a licensed funeral establishment that shall have been previously approved for apprenticeship training by the bureau. In order to qualify for approval, the funeral establishment shall submit to the bureau an applic…

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

(a) Licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee during the second year of a two-year term, if not renewed. (b) The board shall establish and administer a birth date renewal program. (c) To renew an unexpired license, th…

Except as provided in Section 4969, a license that has expired may be renewed at any time within three years after its expiration by filing of an application for renewal on a form provided by the board, paying all accrued and unpaid renewal fees, and providing proof of completing…

A person who fails to renew his or her license within three years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets all of the following requirements: (a…

(a) A suspended license is subject to expiration and shall be renewed as provided in this article, but the renewal does not entitle the acupuncturist, while the license remains suspended, and until it is reinstated, to engage in the practice of acupuncture, or in any other activi…

Every license issued shall be displayed conspicuously in the place of business or employment of the licensee. The form and content of every license issued shall be determined in accordance with Section 164. (Amended by Stats. 1971, Ch. 716.)

The amount of fees prescribed for licensed acupuncturists shall be those set forth in this section unless a lower fee is fixed by the board in accordance with Section 4972: (a) The application fee shall be two hundred fifty dollars ($250) and may be increased to not more than thr…

(a) The amount of fees prescribed for acupuncture tutorial programs shall be as follows: (1) The application and registration fee to supervise an acupuncture trainee shall be one hundred dollars ($100) and may be increased to not more than two hundred dollars ($200). (2) The annu…

Fees fixed by the board shall be set forth in regulations duly adopted by the board. (Amended by Stats. 1999, Ch. 655, Sec. 80. Effective January 1, 2000.)

The board shall report to the Controller at the beginning of each month for the month preceding the amount and source of all revenue received by it pursuant to this chapter, and shall pay the entire amount thereof to the Treasurer for deposit in the Acupuncture Fund, which fund i…

The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the acts or omissions constituting grounds for disciplinary action. The proceedings under this article shall be conducted in a…

All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for disciplinary action; provided, however, that the foregoing provision shall not constitute a defense to an accusation alleging f…

Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary. (Amended by Stats. 2000, Ch. 568, Sec. 135. Effective January 1, 2001.)

Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a cemetery licensee, cemetery owner, cemetery operator, or holder of a cemetery…

The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or omission constituting a ground for disciplinary action. Any of the following penalties may be imposed by the bureau: (a) Sus…

Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction. (Amended…

Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action. (Added by Stats. 1939, Ch. 39.)

Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead, made wilfully by a licensee to obtain business as a funeral director or embalmer, constitutes a ground for disciplinary ac…

False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 72. Effective January 1, 1999.)

Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or employees of the licensee, when such solicitation is authorized or ratified by the licensee, constitutes a ground for disciplinar…

Employment by the licensee of persons known as “cappers” or “steerers” or “solicitors,” or other such persons to solicit, after a death or while a death is impending, funeral directing or embalming business constitutes a ground for disciplinary action. (Amended by Stats. 1941, Ch…

Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence human remains may be turned over to a particular fun…

The buying, after a death or while a death is impending, of funeral directing and embalming business by the licensee, the licensee’s agents, assistants or employees, or the direct or indirect payment, or offer of payment, of a commission by the licensee, the licensee’s agents, as…

Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action. (Added by Stats. 1939, Ch. 39.)

Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for, human remains, or within the immediate hearing of the family or relatives of a deceased, whose remains have not yet been …

Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 7…

Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, constitutes a ground for disciplinary …

Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human remains constitutes a ground for disciplinary action; provided, however, this section shall not apply to exterior casket hardwa…

Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary action. (Amended by Stats. 1976, Ch. 961.)