| (a) If permission to embalm is oral, the funeral establishment
must maintain for two years written documentation of the name of the
person authorizing embalming, that person's relationship to the deceased,
and the time permission was obtained.
(b) When oral or written permission to embalm cannot
be obtained from the person authorized to make funeral arrangements,
the funeral establishment must maintain for two years written documentation
of the efforts taken as mandated by Occupations Code §651.457
to obtain permission to embalm.
(c) In cases where a Medical Examiner or Justice of
the Peace has given permission to a funeral establishment to take
custody of a body, the receiving funeral establishment may not embalm
the body until the person responsible for making arrangements for
final disposition has given permission. Nothing in this subsection
shall be construed as allowing a funeral establishment to initiate
contact with the person authorized to make funeral arrangements.
(d) Authorization to Embalm Form.
(1) If embalming is performed, the Commission promulgated
Authorization to Embalm Form must be signed by a family member or
the person responsible for making arrangements for final disposition
when written authorization is secured.
(2) The Commission's Authorization to Embalm Form may
not be altered and must be used in its adopted form. A copy of this
form may be obtained from the Commission and may be reproduced by
a licensed funeral establishment.
(e) If a mortuary student who is not a provisional
licensee is to assist the licensed embalmer, the authorization pursuant
to Occupations Code §651.407 must be in the possession of the
funeral establishment and/or embalmer at the time of the embalming.
A copy of the mortuary student authorization shall be retained according
to Occupations Code §651.407.
(f) Nothing in this rule diminishes the requirement
of the establishment to abide by the Federal Trade Commission funeral
rule regarding embalming disclosures. In the event of a conflict between
this rule and the Federal Trade Commission funeral rule, the Federal
Trade Commission funeral rule prevails.
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