Oregon Revised Statutes
As used in this chapter: “Alkaline hydrolysis” or “hydrolysis” means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements. “Board” means the State Mortuary …
An individual may not practice as a funeral service practitioner unless the individual is licensed as a funeral service practitioner under ORS 692.045. Regardless of any title used by the individual, an individual practices as a funeral service practitioner if the individual is engaged directly or indirectly in offering funeral services for payment or superv…
This chapter does not apply to any of the following: A public institution, medical college, county medical society, anatomical association, college of embalming or institution approved by the State Mortuary and Cemetery Board to accept bodies for education or research purposes under ORS 97.170. The customs or rites of any religious sect except as to the bu…
The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a funeral service practitioner if the individual meets the following requirements: The individual must apply to the board for a funeral service practitioner license on an application form provided by the board. The individual must pass an examination offered by the …
The State Mortuary and Cemetery Board shall offer an examination to individuals applying for a license to practice as a funeral service practitioner. At a minimum, the examination must test applicants on state and federal laws, rules and regulations relating to the care, preparation, disposition and transportation of dead human bodies and relating to surviv…
The State Mortuary and Cemetery Board shall issue a license to an individual to practice as an embalmer if the individual is 18 years of age or older, applies for a license and meets the qualifications described in this section. An individual must apply for a license by applying to the State Mortuary and Cemetery Board on an application form provided by the…
The State Mortuary and Cemetery Board shall offer an examination to individuals applying for a license to practice as an embalmer. The board shall make an examination schedule publicly available and shall send an examination schedule to each applicant at least 10 days before each examination. An examination schedule must denote the time and place of each ex…
For an applicant from another state, the State Mortuary and Cemetery Board shall issue a license to practice as a funeral service practitioner or embalmer, or shall register an individual who applies to be a trainee of a funeral service practitioner or embalmer, if: The applicant applies to the board and fulfills the requirements specified in subsection (2)…
The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a death care consultant if the individual: Applies to the board for a death care consultant license on an application form provided by the board; Passes an examination offered by the board that tests applicants on state and federal laws, rules and regulations relati…
The State Mortuary and Cemetery Board shall issue a license to a funeral establishment or immediate disposition company if the person who will operate the establishment or immediate disposition company applies to the board for a license on a form provided by the board. The application shall be accompanied by the application fee established under ORS 692.160.…
If the principals of a licensed funeral establishment or immediate disposition company change, the establishment or company shall apply to the State Mortuary and Cemetery Board for a new license. A person holding a license or certificate of authority or who is registered under this chapter shall apply to the board for reissuance of the license, certificate …
The fees that may be charged under this chapter are: A fee covering requests for applications for a funeral service practitioner license, an embalmer license, a death care consultant license, a funeral establishment license, an immediate disposition company license, a certificate of authority for a cemetery, a certificate of authority for a crematorium, a c…
When a licensee or a trainee registered under ORS 692.190 has allowed a license or a registration to lapse, the State Mortuary and Cemetery Board may reinstate the license or reregister the trainee if the licensee or trainee: Applies for reinstatement or reregistration not later than the 90th day after the lapse; and Pays all fees owing to the date of rein…
An applicant or person subject to the authority of the State Mortuary and Cemetery Board commits a prohibited act if the person engages in: Misrepresentation in the conduct of business or in obtaining a license. Fraudulent or dishonest conduct, when the conduct bears a demonstrable relationship to funeral service practice, embalming practice or the operati…
An individual who wishes to train to be a funeral service practitioner or embalmer shall apply to the State Mortuary and Cemetery Board for registration as a funeral service practitioner trainee or an embalmer trainee upon a form provided by the board. The individual must consent to a background check, including any information required by the Department of …
The State Mortuary and Cemetery Board may take disciplinary action as described in ORS 692.180 if the board finds that a trainee committed a prohibited act described in ORS 692.180. A trainee whose registration has been suspended or revoked under ORS 692.180 may apply for reregistration within one year after completion of the suspension or revocation period…
If the State Mortuary and Cemetery Board proposes to take disciplinary action as described in ORS 692.180, the board shall accord an opportunity for hearing as provided in ORS chapter 183. Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183.
The State Mortuary and Cemetery Board shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Oregon with laws substantially similar to the provisions of this section for the limited purpose of removing dead human bodies from Oregon, prior to submitting a report of death, if the establishment that …
A person may not conduct the business of an operating cemetery unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the State Mortuary and Cemetery Board. The application must be accompanied by the application fee established under ORS 692.160. However, any exempt operating cemeter…
The State Mortuary and Cemetery Board may grant a temporary operating permit for a cemetery that does not hold a valid license to operate for the purpose of performing an interment. The board may grant the temporary operating permit to a person that holds a license, certificate of authority or registration issued by the board, or to a person who works in the…
STATE BOARD
There is created the State Mortuary and Cemetery Board to carry out the purposes and enforce the provisions of this chapter. The board consists of 11 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the boa…
The State Mortuary and Cemetery Board shall meet at least semiannually, and at such other times as it may determine, and shall elect from its members, each for a term of one year, a president and secretary. The secretary shall also act and serve as treasurer of the board.
The State Mortuary and Cemetery Board may adopt and enforce rules for the protection of the public health, safety and welfare relating to the following: The licensing of or issuance of certificates of authority for funeral service practitioners, embalmers, death care consultants, funeral establishments, crematoriums, cemeteries and other facilities for fina…
Each member of the State Mortuary and Cemetery Board is entitled to compensation and expenses as provided in ORS 292.495.
Except as provided in this section, after each change in the provisions of this chapter or in the rules adopted under this chapter, the State Mortuary and Cemetery Board shall publish for distribution to funeral service practitioners, embalmers and trainees of funeral service practitioners and embalmers, and to other interested persons, the provisions of thi…
The State Mortuary and Cemetery Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Mortuary and Cemetery Board under this chapter shall be paid into the account and are appropriated continuously to be used only for the administration and enforcement of this chapter, for the admini…
Circuit courts, justice courts and municipal courts sitting as justice courts have concurrent jurisdiction with the circuit courts of the State of Oregon in all prosecutions arising under this chapter. The district attorney is authorized to institute prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment, …
Whenever it appears to the State Mortuary and Cemetery Board that any person is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the board, or any rule or order issued thereunder, the board may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other pro…
MISCELLANEOUS
Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a person licensed or registered under this chapter who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in …
The funeral service practitioner or person acting as such shall be responsible for causing to be affixed to each receptacle, as defined by rule of the State Mortuary and Cemetery Board, in which a dead human body is contained an identifying metal disc, of a design to be approved by rule of the State Mortuary and Cemetery Board, that shall remain attached to …
The State Mortuary and Cemetery Board shall adopt rules promoting environmentally sound death care practices. Note: 692.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 692 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The State Mortuary and Cemetery Board shall impose and collect a filing fee of $30 for each report of death. The board shall deposit the amount received into the State Mortuary and Cemetery Board Account established under ORS 692.375. The fee shall be used as follows: $16 to be used to carry out the requirements of ORS 97.170 (5); and $14 to be used in the…
Violation of ORS 692.025 is a misdemeanor. _______________