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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 692 Funeral Service Practitioners; Embalmers; Funeral Establishments; Cemetery and Crematory Operators
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As used in this chapter:
(1) “Board” means the State Mortuary and Cemetery Board.
(2) “Cemetery” means any one, or a combination of more than one, of
the following, in a place used, or intended to be used, and dedicated,
for cemetery purposes:
(a) A burial park, for earth interments;
(b) A mausoleum, for crypt interments; or
(c) A columbarium, for permanent cinerary interments.
(3) “Holding room” means a room that is located in a licensed
facility for the care, storage or holding of dead human bodies prior to
effecting disposition.
(4) “Immediate disposition” means a direct method of disposition of
dead human remains by way of immediate burial or immediate cremation.
(5) “Immediate disposition company” means any business licensed
under this chapter, other than a licensed funeral establishment, where a
licensed funeral service practitioner operates the business of immediate
disposition and where business records are kept.
(6) “Operating cemetery” means a cemetery that:
(a) Performs interments;
(b) Has fiduciary responsibility for endowment care, general care
or special care funds; or
(c) Has outstanding preneed service contracts for unperformed
services.
(7) “Rental cover” means a partial enclosure that appears similar
to a casket that is utilized for viewing purposes and surrounds the
burial or cremation container. [Amended by 1957 c.596 §1; 1983 c.810 §3;
1985 c.207 §7; 1987 c.252 §10; 1989 c.177 §1; 1997 c.638 §2; 2001 c.224
§1](1) An individual may not practice as a funeral service practitioner
unless the individual is licensed as a funeral service practitioner under
ORS 692.045. An individual practices as a funeral service practitioner if
the individual for payment is engaged directly or indirectly in
supervising or otherwise controlling the transportation, care,
preparation, processing and handling of dead human bodies before the
bodies undergo cremation, entombment or burial, or before the bodies are
transported out of the State of Oregon.
(2) An individual may not practice as an embalmer unless the
individual is licensed as an embalmer under ORS 692.105. An individual
practices as an embalmer if the individual is engaged or purports to be
engaged in either of the following:
(a) The practice of disinfecting or preserving from decay dead
human bodies.
(b) Preparing human bodies dead of contagious or infectious disease
for transportation by railroad, express company or common carrier.
(3) A person may not operate a funeral establishment unless the
establishment meets the requirements under this subsection. A place is a
funeral establishment if the place is used for the care and preparation
of dead human bodies before the bodies undergo cremation, entombment or
burial, or before the bodies are transported out of the State of Oregon.
A funeral establishment must:
(a) Be licensed by the State Mortuary and Cemetery Board under ORS
692.146;
(b) Be operated by a funeral service practitioner;
(c) Have on the premises embalming facilities or holding room
facilities meeting requirements established by the board; and
(d) Have access to hospital or mortuary refrigeration.
(4) A person may not operate an immediate disposition company
unless the immediate disposition company meets the requirements under
this subsection. An immediate disposition company must:
(a) Be licensed at a fixed location under ORS 692.146; and
(b) Be operated by a licensed funeral service practitioner.
(5) No person or city, county or other municipal corporation shall
conduct the business of an operating cemetery without first receiving a
certificate of authority to conduct the business of an operating cemetery
under ORS 692.275.
(6) A person may not operate a crematorium unless the crematorium
meets the requirements of ORS 692.275.
(7) All applicants for licenses, certificates, or licensees under
this section and all principals of any licensed establishment must
consent to a background check, including information solicited from the
Department of State Police. [1983 c.810 §4; 1985 c.207 §9; 1989 c.177 §2;
1991 c.542 §2; 1997 c.638 §3] This chapter does not apply to any
of the following:
(1) A public institution, medical college, county medical society,
anatomical association, college of embalming, or any officer thereof, or
to any other recognized person carrying out the statutes of the State of
Oregon prescribing the conditions under which indigent dead human bodies
are held subject for scientific or anatomical study.
(2) The customs or rites of any religious sect except as to the
burial or other disposition of their dead.
(3) A person who picks up dead human bodies under the direction of
a funeral service practitioner for delivery to a funeral service
practitioner, funeral establishment, cemetery or crematorium pursuant to
an agreement with the funeral service practitioner, if the person is not
otherwise engaged in any of the activities of a funeral service
practitioner, an embalmer, a funeral establishment, a cemetery or a
crematorium as described in ORS 692.025.
(4) A person who picks up dead human bodies under the direction of
a licensed funeral service practitioner employed by a funeral
establishment registered under ORS 692.270 for transportation out of the
state or for delivery to a funeral service practitioner, funeral
establishment, cemetery or crematorium pursuant to an agreement with the
funeral service practitioner, if the person is not otherwise engaged in
any of the activities of a funeral service practitioner, an embalmer, a
funeral establishment, a cemetery or a crematorium as described in ORS
692.025. [Amended by 1957 c.596 §2; 1983 c.810 §5; 1985 c.207 §10; 1999
c.724 §5]LICENSING(1) 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:
(a) The individual must apply to the board for a funeral service
practitioner’s license on an application form provided by the board.
(b) The individual must pass an examination conducted by the board
under ORS 692.070 following application for the funeral service
practitioner’s license.
(c) The individual must successfully complete practical experience
as a funeral service practitioner’s apprentice under ORS 692.190.
(2) An individual may not take an examination under ORS 692.070
until the individual has provided written evidence of graduation from an
associate degree program meeting the requirements established by board
rule.
(3) Notwithstanding subsection (2) of this section, an applicant
with four years of experience as a licensed funeral service practitioner
or embalmer in another state is not required to provide written evidence
of graduation from an associate degree program in order to take the
examination under ORS 692.070. [1983 c.810 §6; 1989 c.177 §3; 1993 c.308
§4; 1997 c.638 §4; 1999 c.724 §8](1) The State Mortuary and Cemetery Board
shall offer an examination at least once each year to applicants for a
license to practice as a funeral service practitioner.
(2) The examination shall include Oregon and federal laws, rules
and regulations relating to the care, preparation, disposition and
transportation of dead human bodies and to survivor death benefits.
(3) Notice of the time and place of the examination shall be sent
to the applicants by mail at least 10 days before the examination.
[Amended by 1981 c.719 §1; 1983 c.810 §7; 1989 c.177 §4; 1997 c.638 §5]
(1) 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 has successfully met the
qualifications described in this section.
(2) An individual must apply for a license by applying to the board
on an application form provided by the board.
(3) An individual applying for a license under this section must
meet the following requirements:
(a) The individual must complete 12 months of practical experience
as an embalmer’s apprentice as provided in ORS 692.190.
(b) The individual must provide written evidence of graduation from
an accredited program of funeral service education.
(c) The individual must obtain a passing score on the examination
provided in ORS 692.130 or show evidence satisfactory to the board that
the individual has successfully passed the National Board Examination as
administered by the Conference of Funeral Service Examining Boards.
(d) The individual must be knowledgeable in the application of
state law.
(4) When an individual provides written evidence of graduation from
an accredited program of funeral service education, if the individual
does not show evidence satisfactory to the board, as provided under
subsection (3) of this section, that the individual has passed the
National Board Examination, the board may examine the individual as
provided in ORS 692.130. In any case, however, the board shall not issue
an embalmer’s license until an individual has completed the
apprenticeship qualification. [1983 c.810 §8; 1993 c.308 §5] (1) The State
Mortuary and Cemetery Board shall offer an examination at least once each
year to applicants for a license to practice as an embalmer.
(2) Notice of the time and place of the examination shall be sent
to the applicants by mail at least 10 days before the examination.
(3) The board shall specify the subjects in funeral service arts
and science to be included in the examination for a license to operate as
an embalmer. The board may use the questions prepared by the Conference
of Funeral Service Examining Boards or its successor.
(4) The board shall adopt rules establishing standards for minimum
performance on the examination and conditions for reexamination. [Amended
by 1955 c.754 §1; 1971 c.115 §5; 1973 c.411 §3; 1979 c.858 §2; 1981 c.719
§3; 1983 c.810 §9]
(1) The State Mortuary and Cemetery Board shall issue a license to
practice as a funeral service practitioner or an embalmer to an applicant
from another state if:
(a) The applicant for recognition of the license applies to the
board and fulfills the requirements specified in subsection (2) of this
section; and
(b) The board is satisfied that the applicant has the requisite
qualifications for licensing as a funeral service practitioner or an
embalmer in this state.
(2) An applicant under this section shall apply to the board on a
form provided by the board. The applicant shall include the following
with the application:
(a) Proof satisfactory to the board that the applicant is licensed
and has practiced as a funeral service practitioner or an embalmer in
another state for the two years immediately preceding the application
date.
(b) Proof satisfactory to the board of compliance, in the state in
which the applicant is regularly licensed, with requirements
substantially equal to the requirements of this chapter.
(c) Payment of the initial reciprocity licensing fee established
under ORS 692.160. [Amended by 1971 c.115 §6; 1973 c.411 §4; 1981 c.719
§4; 1983 c.810 §10; 1989 c.177 §5; 1997 c.638 §6](1) 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.
(2) The application shall disclose the following:
(a) The name and address of the establishment or company.
(b) That the establishment is operated by a licensed funeral
service practitioner.
(c) That the immediate disposition company is operated by a
licensed funeral service practitioner.
(3) For purposes of this section and ORS 692.025, each branch of a
licensee’s funeral establishment or immediate disposition company is a
separate establishment and must be licensed at a fixed place of business.
[1957 c.596 §5; 1971 c.115 §8; 1983 c.810 §11; 1989 c.177 §6; 1997 c.638
§7](1) 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.
(2) 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 or registration if any of the following occur:
(a) The name of the person changes;
(b) The location of the funeral establishment, immediate
disposition company or crematorium changes;
(c) An apprentice registered under ORS 692.190 transfers from one
licensed funeral service practitioner or licensed embalmer to another;
(d) The original license, registration or certificate is lost or
destroyed; or
(e) When a person holding a license or certificate of authority
issued under this chapter obtains another license or certificate of
authority issued under this chapter.
(3) The application for reissuance of the license, registration or
certificate shall include payment of the fee established under ORS
692.160. The board shall reissue the license, certificate or registration
when the board receives the application and the fee. [1993 c.308 §3](1) The fees that may be charged under this chapter are:
(a) A fee covering requests for applications for a funeral
establishment license, an immediate disposition company license, a
certificate of authority for a cemetery, a certificate of authority for a
crematorium, registration as a funeral service practitioner apprentice,
registration as an embalmer apprentice, a certificate of removal
registration, a license as a reciprocal funeral service practitioner or a
license as a reciprocal embalmer. The application fee shall be
accompanied by an additional fee for each principal of a funeral
establishment, immediate disposition company, cemetery or crematorium.
(b) A fee covering the renewal of a license for a funeral
establishment, a license for an immediate disposition company or a
certificate of authority for a crematorium.
(c) A fee covering the renewal of a funeral service practitioner
license or an embalmer license.
(d) A fee for renewal of a combination funeral service practitioner
and embalmer license.
(e) A fee for renewal of the registration of a funeral service
practitioner apprentice or an embalmer apprentice.
(f) An examination fee for a funeral service practitioner license
or an embalmer license.
(g) A fee covering the renewal of a certificate of authority for a
cemetery.
(h) A fee covering the reinstatement of a lapsed license or
certificate of authority.
(i) A fee for reissuing a license, registration or certificate of
authority as provided in ORS 692.148.
(j) Fees for copying any public record maintained by the State
Mortuary and Cemetery Board, for documents distributed by the board and
postage for mailing any copies or documents.
(2) All licenses granted under this chapter to funeral service
practitioners and embalmers shall expire on January 1 in even-numbered
years unless renewed as provided in this section. All licenses or
certificates of authority granted under this chapter to operators of
funeral establishments, to operators of immediate disposition companies,
to operators of cemeteries or to operators of crematoriums shall expire
on January 1 in odd-numbered years unless renewed as provided in this
section.
(3) The board shall mail to each licensed funeral service
practitioner, to each licensed embalmer, to each licensed operator of a
funeral establishment or immediate disposition company and to each
cemetery and crematorium holding a certificate of authority under ORS
692.275, addressed to the licensee or certificate holder at the
licensee’s or certificate holder’s last-known address, a notice that the
renewal fee is due and payable and that if the fee is not paid by the
renewal date the license or certificate of authority shall lapse. The
notice shall be mailed to each licensed funeral service practitioner and
to each licensed embalmer on or before November 1 of each odd-numbered
year. The notice shall be mailed to each licensed operator of a funeral
establishment or immediate disposition company and to each cemetery and
crematorium holding a certificate of authority under ORS 692.275 on or
before November 1 of each even-numbered year. On or after July 1, 1986,
the board may impose continuing education requirements as a prerequisite
for relicensure.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established under
this section shall not exceed the cost of administering the regulatory
program of the State Mortuary and Cemetery Board pertaining to the
purpose for which the fee or charge is established, as authorized by the
Legislative Assembly within the board’s budget, as the budget may be
modified by the Emergency Board. [Amended by 1957 c.596 §11; 1971 c.115
§9; 1973 c.411 §5; 1977 c.873 §11; 1979 c.36 §1; 1981 c.719 §5; 1983
c.290 §1; 1985 c.207 §11; 1989 c.177 §7; 1991 c.703 §35; 1993 c.248 §1;
1993 c.308 §1; 1997 c.638 §8; 1999 c.724 §9] (1) When a licensee or an
apprentice has allowed a license or a certificate of apprenticeship to
lapse, the State Mortuary and Cemetery Board may reinstate the license or
certificate if the licensee or apprentice:
(a) Applies for reinstatement not later than the 90th day after the
lapse; and
(b) Pays all fees owing to the date of reinstatement as well as a
reinstatement fee established under ORS 692.160.
(2) Upon the lapse of a license or certificate, the board shall
send the notice of lapse to the licensee or apprentice by registered or
certified mail at the last-known address of the licensee or apprentice.
[Amended by 1971 c.115 §11; 1973 c.411 §6; 1983 c.810 §15](1) Upon complaint or upon its own motion, the State
Mortuary and Cemetery Board may investigate any complaint concerning any
person, licensee or holder of a certificate of authority made by any
person or by the board. If the board finds any of the causes described in
this section in regard to any person, licensee or applicant or the holder
of a certificate of authority, the board may impose a civil penalty of
not more than $1,000 for each violation, suspend or revoke a license to
practice or to operate under this chapter or refuse to grant or renew a
license. The causes are as follows:
(a) Misrepresentation in the conduct of business or in obtaining a
license.
(b) Fraudulent or dishonest conduct, when the conduct bears a
demonstrable relationship to funeral service practice, embalming practice
or the operation of cemeteries or crematoriums.
(c) Except as provided in this paragraph, solicitation of human
dead bodies by the licensee or any agent, assistant or employee of the
licensee, either before or after death. This paragraph does not apply to:
(A) Activities permissible under ORS 97.923 to 97.949; or
(B) The sale, in accordance with provisions of the Insurance Code,
of prearranged funeral or cemetery merchandise or services, or any
combination thereof, to be funded by the contemporaneous or subsequent
assignment of a life insurance policy or an annuity contract.
(d) Offensive treatment of dead human bodies or a body in the
person’s custody has been disposed of in violation of ORS chapter 432 or
rules adopted pursuant thereto.
(e) Aiding or abetting a person who is not a licensee or an
apprentice in any act involving the disposition of dead human bodies
before the bodies undergo cremation, entombment or burial or before the
bodies are transported out of the State of Oregon.
(f) Sale or reuse of any casket or body container that has been
previously utilized for the placement of a deceased human body. This does
not include use of a rental cover as defined in ORS 692.010.
(g) Violation of any of the provisions of this chapter or any rules
adopted under this chapter.
(h) Violation of any provision of ORS 97.929 or 97.937 or
regulations adopted by the Federal Trade Commission regulating funeral
industry practices.
(i) Conviction of a crime, when the crime bears a demonstrable
relationship to funeral service practice, embalming practice or the
operation of cemeteries or crematoriums. A copy of the record of the
conviction certified to by the clerk of the court entering the conviction
shall be conclusive evidence of the conviction.
(j) Violation of ORS chapter 97 as it relates to disposition of
human bodies and to cemeteries.
(k) Refusing to surrender promptly the custody of a dead human
body, upon the express order of the person lawfully entitled to the
custody of the body.
(L) Acting as the legal representative of any deceased person for
whom the licensee has rendered services governed by this chapter. This
subsection does not prohibit a licensee from acting as the legal
representative of a deceased relative or a deceased licensee if the
deceased licensee was a partner, employee or employer in the licensee’s
practice.
(m) Failure to pay any civil penalty imposed by the board within 10
days after the order is entered or, if appealed, within 10 days after the
order is sustained on appeal.
(2) All amounts recovered under this section shall be deposited in
accordance with ORS 692.375.
(3) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(4) Upon receipt of a complaint, the board shall conduct an
investigation as described under ORS 676.165.
(5) Information that the board obtains as part of an investigation
into licensee or applicant conduct or as part of a contested case
proceeding, consent order or stipulated agreement involving licensee or
applicant conduct is confidential as provided under ORS 676.175. [Amended
by 1971 c.115 §12; 1983 c.810 §16; 1985 c.207 §12; 1987 c.252 §8; 1987
c.813 §10; 1991 c.734 §82; 1995 c.326 §1; 1995 c.696 §45; 1997 c.791 §53;
1999 c.59 §207; 2001 c.796 §21](1) An individual who wishes
to engage as an apprentice shall apply to the State Mortuary and Cemetery
Board for registration as a funeral service practitioner apprentice or an
embalmer apprentice upon a form provided by the board. The individual
must consent to a background check, including information solicited from
the Department of State Police. The application must be accompanied by
the fee established under ORS 692.160.
(2) One funeral service practitioner apprentice at a time is
authorized to operate under or in connection with each licensed funeral
service practitioner practicing in this state for the purpose of learning
the functions of a funeral service practitioner.
(3) One embalmer apprentice at a time is authorized to engage in
the study of the art of embalming under the instruction and supervision
of each licensed embalmer practicing in this state.
(4) The duration of an apprenticeship is:
(a) Twelve months for a funeral service practitioner apprentice.
(b) Twelve months for an embalmer apprentice.
(5) The apprenticeship of a funeral service practitioner apprentice:
(a) Shall not include time lost by interruptions caused by active
duty of the applicant in the military service of the United States or its
allies during war or national emergency, or time lost through attendance
of formal funeral service education, or time lost by interruptions that
the board finds excusable under rules of the board.
(b) Shall be completed not more than two years before or after the
date of the examination under ORS 692.070, excluding time lost for
interruptions described in paragraph (a) of this subsection.
(6) An embalmer apprentice may serve the apprenticeship
concurrently with the funeral service practitioner apprenticeship.
(7) An embalmer apprentice shall complete the required
apprenticeship within a period of not more than four consecutive years
and not more than two years before the date of the examination under ORS
692.130. In computing time under this subsection, the board shall exclude
time lost by interruptions caused by active duty of the apprentice in the
military service of the United States or its allies during war or
national emergency and by interruptions that the board finds are
excusable under rules of the board.
(8) The board shall adopt rules under which the board may confer
credit for apprenticeship service or its equivalency performed by:
(a) An applicant in another state; or
(b) An applicant whose license or certificate of apprenticeship has
lapsed. [Amended by 1973 c.411 §7; 1981 c.719 §8; 1983 c.810 §12; 1985
c.207 §13; 1989 c.177 §9; 1993 c.275 §1; 1997 c.97 §1; 1997 c.638 §9](1) The State
Mortuary and Cemetery Board may suspend or revoke a certificate of
apprenticeship, after notice and upon hearing, if the board finds any of
the causes specified in ORS 692.180 in regard to the apprentice.
(2) An apprentice who has had a certificate of apprenticeship
suspended or revoked may apply for reregistration within one year after
the suspension or revocation, but the board shall not allow more than two
reregistrations. When the circumstances warrant, the board may allow an
apprentice credit under a reregistration for time actually served under a
previous registration. However, if the previous registration has been
suspended or revoked under subsection (1) of this section, the board
shall not credit on the registration more than 75 percent of the time
previously served.
(3) Upon receipt of a complaint, the board shall conduct an
investigation as described under ORS 676.165.
(4) Information that the board obtains as part of an investigation
into licensee or applicant conduct or as part of a contested case
proceeding, consent order or stipulated agreement involving licensee or
applicant conduct is confidential as provided under ORS 676.175. [Amended
by 1973 c.411 §9; 1983 c.810 §17; 1997 c.791 §54]The State
Mortuary and Cemetery Board may revoke, suspend or refuse to renew a
license issued to a funeral establishment or immediate disposition
company if the board finds any of the following in regard to the
establishment or company or its operation:
(1) Any of the causes specified in ORS 692.180.
(2) Violation of ORS 692.025 (3).
(3) Failure to comply with the rules of the board. [1957 c.596 §6;
1971 c.734 §149; 1983 c.810 §18; 1989 c.177 §10; 1997 c.638 §10](1) If the State Mortuary and Cemetery Board
proposes to impose a civil penalty or to revoke, suspend or refuse to
issue or renew any license or certificate, the board shall accord an
opportunity for hearing as provided in ORS chapter 183.
(2) 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. [1971 c.734 §151; 1983 c.810 §19](1) 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 certificate of death, if the establishment that will make
the removals applies to the board for a certificate of removal
registration on a form provided by the board. The application fee
established under ORS 692.160 shall accompany the application. A
certificate issued under this subsection expires upon a change of
ownership of the funeral establishment.
(2) For purposes of this section, each branch of a registrant’s
funeral establishment is a separate establishment and must be registered
as a fixed place of business.
(3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral service
practitioner who files death certificates in another state may file an
Oregon certificate of death if the funeral service practitioner is
employed by a licensed funeral establishment registered with the board
under this section.
(4) The conduct of a funeral service practitioner or any other
person employed by or acting on behalf of a removal registrant shall be
the direct responsibility of the holder of a certificate of removal
registration.
(5) For any of the causes described in ORS 692.180, or for
violation of any death care rule or law in another state, the board may
impose upon the holder of a certificate of removal registration or
applicant any of the sanctions described in ORS 692.180. [1999 c.724 §6]Note: 692.270 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.(1)
The application for a certificate of authority to conduct the business of
an operating cemetery shall be made on a form provided by the State
Mortuary and Cemetery Board. The application shall be accompanied by the
application fee established under ORS 692.160. However, any operating
cemetery that has five or fewer interments annually is entitled to
receive a certificate of authority to operate upon payment of the initial
fee but is not required to pay the renewal fee or the fee for any change
in principal other than the cemetery manager.
(2) A cemetery, other than an operating cemetery or a historic
cemetery listed with the Oregon Commission on Historic Cemeteries under
ORS 97.782, shall be registered with the board. An owner of a cemetery,
other than an operating cemetery or a historic cemetery listed with the
Oregon Commission on Historic Cemeteries under ORS 97.782, shall register
the cemetery with the board on a form provided by the board. No fee shall
be required of a cemetery registrant.
(3) The person who plans to operate a crematorium shall apply
before operation for a certificate of authority to operate a crematorium
on a form provided by the board. The application shall be accompanied by
the application fee established under ORS 692.160.
(4) For purposes of this section and ORS 692.025, each location of
a cemetery or crematorium is a separate location and must be licensed
separately. Those cemeteries that are subject to registration shall be
registered separately.
(5) The recommendation of the Cremation Association of North
America shall be used in adopting rules regulating crematoriums.
(6) This section applies to operating cemeteries or other
cemeteries owned by any city, county or other municipal corporation.
[1985 c.207 §19; 1989 c.177 §11; 1991 c.542 §3; 1999 c.731 §11; 2001
c.224 §2; 2003 c.173 §10]STATE BOARD(1) There is created the State Mortuary and Cemetery
Board in the Department of Human Services to carry out the purposes and
enforce the provisions of this chapter. The board shall consist of 11
members. The members of the board shall be as follows:
(a) Two members shall be licensed funeral service practitioners.
One of the members under this paragraph shall be a funeral service
practitioner who does not offer embalming.
(b) One member shall be a licensed embalmer.
(c) Three members shall be representatives of cemeteries, one
representing for-profit cemeteries, one representing a city or county
owned or operated cemetery and one representing a special district owned
or operated cemetery.
(d) One member shall be a representative of a crematorium.
(e) Four members shall be representatives of the public, one of
whom shall be a member of a recognized senior citizen organization.
(2) The term of office of the members of the board shall be four
years ending on December 31. A member is eligible for no more than two
consecutive terms. They shall be appointed by the Governor and hold
office until the appointment and qualification of their successors.
[Amended by 1971 c.650 §25; 1973 c.792 §46; 1979 c.858 §3; 1981 c.439 §1;
1983 c.810 §20; 1985 c.207 §15; 1991 c.542 §5; 1997 c.632 §12] 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. [Amended by 1971 c.115 §14; 1973 c.411 §10; 1983
c.810 §21] (1) The State Mortuary and
Cemetery Board has the power to adopt and enforce for the protection of
the public health, safety and welfare reasonable rules relating to the
following:
(a) The licensing of funeral service practitioners, embalmers,
funeral establishments, crematoriums and cemeteries.
(b) The registration of apprentices.
(c) The practice of funeral service practitioners and embalmers,
and the operation of funeral establishments, immediate disposition
companies, crematoriums and cemeteries.
(d) Sanitary conditions of funeral establishments, crematoriums,
cemeteries and any location in which dead human bodies are stored or
processed prior to final disposition.
(e) Matters necessary to carry out the provisions of this chapter.
(2) Other than areas used as living quarters, the board shall
inspect not less than once biennially the facilities and records of
funeral establishments, cemeteries and crematoriums and immediate
disposition companies and any location in which dead human bodies may be
stored, temporarily held or processed prior to final disposition. The
inspection of the records of such locations shall be limited to those
records required to comply with this chapter or ORS chapter 432 or rules
adopted pursuant thereto. The board may make random inspections at other
times. The board shall employ one or more persons to perform such
inspections and aid in the enforcement of this chapter and rules adopted
thereunder. No person employed under this subsection may be a member of
the board or actively engaged in a practice regulated by this chapter.
(3) The board may hold hearings, conduct investigations, subpoena
witnesses, administer oaths and take testimony in order to carry out the
provisions of this chapter.
(4) The board shall have a common seal and, subject to any
applicable provision of the State Personnel Relations Law, may employ
necessary administrative staff, fix the compensation for them and incur
other necessary expenses. [Amended by 1957 c.596 §8; 1973 c.411 §11; 1983
c.389 §6; 1983 c.810 §22; 1985 c.207 §17; 1987 c.252 §1; 1989 c.177 §12;
1993 c.248 §4; 1997 c.638 §11] Each member of the State
Mortuary and Cemetery Board is entitled to compensation and expenses as
provided in ORS 292.495. [Amended by 1969 c.314 §93; 1973 c.411 §12] 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 apprentices and to other interested persons, the provisions
of this chapter together with all rules adopted under this chapter. If a
change or changes in the rules are not extensive in scope, the board may
publish the changes in supplementary form. [Amended by 1983 c.810 §23]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 administration and enforcement of ORS 97.931 and for the purpose
of education of funeral service practitioners and embalmers. Any interest
or other income from moneys in the account shall be credited to the
account. [1973 c.411 §14; 1983 c.810 §24; 2001 c.796 §26; 2005 c.726 §1]ENFORCEMENT
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,
or by complaint verified before any magistrate.(1) 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 processes, mandatory or
otherwise, restraining such person, or its officers, agents, employees
and representatives from further violation of such statute, rule or
order, and enjoining upon them obedience thereto.
(2) The provisions of this section are in addition to and not in
substitution of any other enforcement provisions contained in any statute
administered by the board. [1987 c.252 §3] Upon
application of the State Mortuary and Cemetery Board, or any public
officer, agent or employee of the board acting in the course of official
duties, magistrates authorized to issue search warrants may issue an
inspection warrant whenever an inspection or investigation of any place
subject to the jurisdiction of the board is required or authorized. The
inspection warrant is an order authorizing the inspection or
investigation to be conducted at a designated place subject to
jurisdiction of the board. [1987 c.252 §4](1) An inspection warrant shall
be issued only upon cause, supported by affidavit, particularly
describing the applicant’s status in applying for the warrant under ORS
692.387 to 692.393, the statute, ordinance or regulation requiring or
authorizing the inspection or investigation, the place to be inspected or
investigated and the purpose for which the inspection or investigation is
to be made including the basis upon which cause exists to inspect. In
addition, the affidavit shall contain either a statement that entry has
been sought and refused or facts or circumstances reasonably showing that
the purposes of the inspection or investigation might be frustrated if
entry were sought without an inspection warrant.
(2) Cause shall be considered to exist if reasonable legislative or
administrative standards for conducting a routine, periodic or area
inspection are satisfied with respect to the particular place subject to
the jurisdiction of the State Mortuary and Cemetery Board, or there is
probable cause to believe that a condition of nonconformity with a
statute, rule or order within the board’s authority exists with respect
to the particular place, or an investigation is reasonably believed to be
necessary in order to determine or verify the existence of jurisdiction
or of a violation of any statute, rule or order enforceable by the board.
[1987 c.252 §5](1) Before issuing an
inspection warrant, the magistrate may examine under oath the applicant
and any other witness until satisfied of the existence of grounds for
granting such application.
(2) If the magistrate is satisfied that cause for the inspection or
investigation exists and that the other requirements for granting the
application are satisfied, the magistrate shall issue the warrant,
particularly describing the name and title of the person or persons
authorized to execute the warrant, the place to be entered and the
purpose of the inspection or investigation. The warrant shall contain a
direction that it be executed on any day of the week between the hours of
8 a.m. and 6 p.m., or where the magistrate has specially determined upon
a showing that it cannot be effectively executed between those hours,
that it be executed at any additional or other time of the day or night.
[1987 c.252 §6](1) Except as
provided in subsection (2) of this section, in executing an inspection
warrant, the person authorized to execute the warrant shall, before
entry, make a reasonable effort to present the person’s credentials,
authority and purpose to an occupant or person in possession of the place
designated in the warrant and show upon request to the occupant or person
in possession of the place the warrant or a copy thereof.
(2) In executing an inspection warrant, the person authorized to
execute the warrant need not inform anyone of the person’s authority and
purpose, as prescribed in subsection (1) of this section, but may
promptly enter the designated place if it is at the time unoccupied or
not in the possession of any person or at the time reasonably believed to
be in such condition.
(3) A peace officer may be requested to assist in the execution of
the inspection warrant.
(4) An inspection warrant must be executed and returned to the
magistrate by whom it was issued within 10 days from its date, unless
such magistrate before the expiration of such time, by indorsement
thereon, extends the time for five days. After the expiration of the time
prescribed by this subsection, the warrant unless executed is void. [1987
c.252 §7]MISCELLANEOUS 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 receptacle in which the body is
contained and shall bear a corresponding number that is also on both the
death certificate and the final disposition permit. In the event of
cremation, the disc shall stay with the cremated remains. [1985 c.207 §20]PENALTIESViolation of ORS 692.025 is a misdemeanor. [Amended by 1957 c.596 §9; 1983 c.810 §25]
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