OAR Chapter 830 — Mortuary and Cemetery Board

Division 1 PROCEDURAL RULES

Or. Admin. R. 830-001-0000 Model Rules of Procedure and Notice of Proposed Rulemaking

(1) The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, which became effective January 1, 2012, are by this reference adopted as rules of administrative procedure of the Board and shall be controlling except as otherwise required by statute or rule.

(2) Prior to the adoption, amendment or repeal of any rule, the Mortuary and Cemetery Board shall give notice of the intended action:

(a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(b) By mailing, or if requested, emailing a copy of the notice to persons on the Mortuary and Cemetery Board's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;

(c) By mailing, emailing, or furnishing a copy of the notice to the United Press International and Associated Press, Oregon Funeral Directors Association and the Cemetery Association of Oregon;

(d) By mailing, emailing, or furnishing a copy of the notice to licensees, certificate holders of the Board, State Medical Examiner, the Center for Health Statistics of the State Health Division, District Attorneys within the state;

(e) By emailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the intended action.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Mortuary Board.]

History

Statutory/Other Authority: ORS 183.341, 183.545, 692.160 & 692.320
Statutes/Other Implemented: ORS 183.335 & 183.360
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86
SMB 1-1984, f. & ef. 10-22-84
FDB 1-1980, f. & ef. 3-28-80
FDB 2-1979, f. & ef. 2-21-79
FDB 15, f. & ef. 10-15-76

Division 11 GENERAL INFORMATION

Or. Admin. R. 830-011-0000 Definitions

(1) “Alkaline hydrolysis” is the alternative disposition process that uses water, alkaline chemicals, heat, and sometimes pressure and agitation to accelerate the conversion of human remains until bone fragments and a neutral liquid (effluent) remain.

(2) “Alternative Disposition” is a Board-authorized method of final disposition for human remains other than burial, entombment, burial at sea, cremation, or removal from the state, and includes dissolution and natural organic reduction.

(3) “Alternative Disposition Facility” is a location containing equipment designed for the final disposition of human remains through alternative methods authorized by the Board including, but not limited to, dissolution and natural organic reduction.

(4) “Alternative Disposition Facility Authority” is an Alternative Disposition Facility with a Certificate of Authority to operate a dissolution chamber, natural organic reduction chamber, or other alternative disposition equipment as authorized by Board rule.

(5) “Apprentice” has the same meaning as “Trainee” as used in ORS Chapter 692 and either term may be used interchangeably by Board licensees, applicants and registrants.

(6) “At Need” means arrangements entered into after a death has occurred – at the time of need.

(7) “Authorizing Agent” is a person legally authorized to make arrangements and direct final disposition of human remains, cremated remains, and alternative disposition remains.

(8) “Burial Vault” is a lined and sealed burial receptacle – often constructed from concrete – which performs all of the functions of a grave liner, and in addition is designed and constructed using one or more lining and sealing materials to increase the overall tensile strength of the finished unit and to reduce the risk of intrusion of exterior elements.

(9) “Certificate of Authority” is a document, equivalent to a license, which grants an entity authority to operate a cemetery, crematory, or alternative disposition facility.

(10) “Cremated Remains” and “Alternative Disposition Remains” are the remaining bone fragments after the act of cremation or alternative disposition is complete.

(11) “Cremated Remains Container” and “Alternative Disposition Remains Container” are containers in which processed cremated remains or processed alternative disposition remains can be placed and stored.

(12) “Cremation” is the technical heating process that reduces human remains to ash and bone fragments.

(13) “Cremation Chamber” is the enclosed space in which the cremation process takes place.

(14) “Cremation Container” is the enclosure, if any, in which the human remains are placed for a

cremation.

(15) “Crematory Authority” is a crematory with a Certificate of Authority to operate a cremation chamber as authorized by Board rule.

(16) “Crematory” or “Crematorium” is an enclosed location containing equipment designed for the final disposition of human remains through cremation.

(17) “Death Care Consultant” is a person who, for payment, provides consultations related to funeral or final disposition arrangements to the person or persons who are acting as a funeral service practitioner under ORS Chapter 432. The consultations may include any conference,

information, guidance or advice either at the time of death or when the death is imminent.

(18) “Death Care Industry” means funeral service and final disposition practitioners and facilities.

(19) “Disinfectant Solution” is a chemical agent used to destroy, inactivate, or significantly reduce the concentration of pathogens.

(20) “Dissolution” includes, but is not limited to, alkaline hydrolysis.

(21) “Dissolution Chamber” is an industry-specific vessel that meets industry and commercial standards and is enclosed and sealed when human remains are placed inside and the dissolution process takes place.

(22) “Dissolution Container” is the enclosure, if any, in which human remains are placed for the purpose of placement in the dissolution chamber.

(23) “Effluent” is the sterile, neutral liquid containing salts, sugars, amino acids, and peptides, resulting from the alkaline hydrolysis process.

(24) “Embalming” is the process of chemically treating human remains to reduce the presence and growth of microorganisms, delay organic decomposition, and restore a decedent’s physical appearance.

(25) “Final Disposition” is the burial, entombment, burial at sea, cremation, removal from the state, dissolution, natural organic reduction, or other alternative disposition as authorized by Board rule.

(26) “Final Processing” is the reduction of identifiable bone fragments after the completion of cremation, dissolution, natural organic reduction, or other form of alternative disposition, and processing to granulated particles by manual or mechanical means.

(27) “Grave Liner” is a burial receptacle placed in the ground in a cemetery. It may be of either sectional, dome, or box form, and is designed and built to support the weight of the earth covering a grave, in addition to any standard cemetery maintenance equipment, in order to prevent the grave from collapsing.

(28) “Holder of a Certificate of Registration” means the same as “Certified Provider” as defined in ORS 97.923(2).

(29) “Holding Room” is a room constructed in accordance with OAR 830-040-0020(2), (4) and (5), which licensed funeral establishments use for the care, storage, or holding of human remains prior to effecting final disposition. This room must be of sufficient size to accommodate at least one table for a casketed remains and an attendant. The room may be used by the funeral establishment to care for or repair remains in those facilities that do not offer on premises embalmings. This room would be other than a chapel, viewing or visitation room, office supply room, closet or a room normally open to the public.

(30) “Human Remains” mean the body of a deceased person.

(31) “Identification Viewing” is the viewing of human remains for the purpose of identifying the remains, whether they have been washed or otherwise prepared.

(32) “Identifying Metal Disc” is a metal disc approximately one inch in diameter with a number assigned by the State Registrar’s Office, each with a different number, for the purpose of accompanying human remains throughout the final disposition process and to serve as a means of

permanent identification of those remains.

(33) “Intern Apprentice”, “Intern” or “Intern Trainee” is any student enrolled in an accredited funeral service education program who is serving their three-month internship under the supervision of a combination-licensed funeral service practitioner/embalmer at a participating funeral

establishment.

(34) “Licensed Facility” is any licensed entity governed by ORS Chapter 692.

(35) “Licensee” is any person or facility licensed under ORS Chapter 692 and any preneed salesperson registered under ORS 97.931.

(36) “Minimum Preparation of Human Remains” means the human remains are washed as defined in this section.

(37) “Natural Organic Reduction” is the controlled and contained accelerated conversion of human remains to soil.

(38) “Natural Organic Reduction Chamber” is an enclosed space in which the natural organic reduction process takes place.

(39) “Offensive Treatment of Human Remains” is treatment offensive to the generally accepted standards of the community and may result in the revocation, suspension, or refusal to issue or renew a license, in accordance with ORS 692.180.

(40) “Prearrangement” and “Preneed” have the same meaning as used in ORS 97.923.

(41) “Principal” Principal means a person who has controlling authority over the licensed facility, including but not limited to:

(a) Managers or other persons who have decision-making authority and whose primary duties include control over the operation of the licensed facility;

(b) Officers or directors who have some degree of responsibility for the operation of the licensed facility;

(d) Sole proprietors;

(e) Stockholders holding a majority of outstanding shares of stock; and

(f) Members of a Limited Liability Company.

(41) “Preneed Funds” are specified amounts paid for funeral, cemetery, cremation or alternative disposition goods and/or services that are sold in advance of need but not yet delivered.

(42) “Preneed Salesperson” means a person registered under ORS 97.931 and OAR 830-011-0070 and employed by a certified provider authorized by the Department of Consumer & Business Services to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider.

(43) “Preparation Room” is a room in a funeral establishment where human remains are prepared – either washed or washed and embalmed. The preparation room must comply with all requirements set forth in OAR 830-040-0020.

(44) “Principal” means a person who has controlling authority over a licensed facility, including, but not limited to:

(a) Managers or other persons who have decision-making authority and whose primary duties include control over the operation of the licensed facility;

(b) Officers or directors who have some degree of responsibility for the operation of the licensed facility;

(d) Sole proprietors;

(e) Stockholders holding a majority of outstanding shares of stock; and(f) Members of a limited liability company.

(45) “Processed Cremated Remains” and “Processed Alternative Disposition Remains” are the result of the reduction of identifiable bone fragments after the completion of cremation, dissolution, natural organic reduction, or other form of alternative disposition and processed to granulated particles by manual or mechanical means.

(46) “Public Viewing” means the human remains have, at a minimum, been washed, as defined in this section, and the remains are placed in a viewing room, church, chapel or other suitable place for viewing.

(47) “Receptacle” is a container for human remains including, but not limited to, a casket, alternative container, or cloth or plastic container.

(48) “Reduction” means the accelerated conversion of human remains into bone fragments, essential elements, or soil by cremation, natural organic reduction, or other form of alternative disposition.

(49) “Refrigeration Unit” is a commercial or industrial grade refrigeration unit that is located in a hospital or funeral establishment, which may only be used by licensed facilities for the purpose of storing human remains at or below 36 degrees Fahrenheit until final disposition.

(50) “Visitation” Visitation means a specific time and place to gather where the human remains are present, except for graveside service.

(51) “Washed” Human remains are considered washed and brought to a sanitary condition when the entire surface of the human remains has been bathed with a disinfectant solution and the mouth, nose, and other body orifices have been washed and, when necessary, packed with cotton saturated with a disinfectant solution.

(50) “Registration” means either:

(a) The required registration of an exempt operating cemetery as defined in ORS 692.010(3), or

(b) The required registration of preneed salespersons with the Board.

(51) “Sanitary Condition” means that the appropriate level of cleaning has taken place and is verifiable. Meeting the appropriate level of sanitation includes, but is not limited to, cleaning, disinfecting, and eliminating dirt, foreign particles, bloodborne pathogens and other potentially infectious materials, offensive and hazardous odors, and any organism that spreads disease, causes destruction or is otherwise a nuisance.

(52) “Solicitation” means the act of endeavoring to obtain business or clientele through means such as:

(a) telephone,

(b) email,

(d) personal contact.

(53) “Visitation” is a scheduled time and place for people to gather where the human remains are present, except for graveside service.

(54) “Washed” Human remains are considered washed and brought to a sanitary condition when the entire surface of the human remains has been bathed with a disinfectant solution and the mouth, nose, and other body orifices have been washed and, when necessary, packed with cotton that has been saturated with a disinfectant solution

History

Statutory/Other Authority: ORS 97.931, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 97.931, 692.320 & 2015 HB 2471
MCB 1-2022, amend filed 06/30/2022, effective 07/01/2022
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02
MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89, Renumbered from 830-030-0010(1)(a) - (k) & 830-030-0020
MCB 1-1988, f. & cert. ef. 2-10-88
MCB 1-1986, f. & cert. ef. 10-21-86

Or. Admin. R. 830-011-0010 Employees, Meetings, Officers of the Board

(1) The Board shall employ an executive director, investigator, inspector and other office personnel to maintain the office of the Board, answer correspondence, and perform those duties necessary in carrying out the provisions of the law and of these rules.

(2) The Board shall meet at least six times per year, at a date, time, and place determined by the Board. Special meetings may be called by the president as deemed applicable.

(3) The Board, at its regular meeting in January of each year, shall elect from its members a president, a vice-president, and a secretary-treasurer to serve until the next election. Special elections may be held at the discretion of the Board. The president, or, in his absence, the vice-president, shall preside at all meetings, appoint all committees, and perform all functions incidental to the president of the Board.

(4) The executive director shall act under instruction of the president of the Board, and in his/her absence the vice-president and shall be responsible for supervising and monitoring the activities of the Board’s office and staff. The executive director is authorized by the Board to sign correspondence, legal documents and other necessary papers to carry out Board mandates.

History

Statutory/Other Authority: ORS 692.300, 692.310 & 692.320
Statutes/Other Implemented: ORS 676.300, 676.306, 692.300, 692.310 & 692.320
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 2-1988, f. & cert. ef. 9-9-88
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0005
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 16, f. & cert. ef. 6-30-77
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-011-0020 Trainee (Apprenticeship) — Generally

(1) Apprenticeship for embalmer, funeral service practitioner, or intern apprentice must be served under persons who are and have been licensed and working in Oregon for at least one aggregate year within the last ten years.

(a) A funeral service practitioner may supervise up to three apprentices at a time and an embalmer may supervise up to three apprentices at a time.

(b) Notwithstanding (a), a combination embalmer/funeral service practitioner may supervise no more than three persons with any combination of trainee (apprentice) licenses.

(c) Notwithstanding (a), a funeral service practitioner, an embalmer or a combination embalmer/funeral service practitioner may serve as preceptor for intern apprentices from an accredited funeral service education provider in addition to any trainee (apprentice) embalmers or funeral service practitioners; if that individual’s license meets the requirements for the internship program as identified by the educational institution; however, no licensee may have more than a total of three trainees (apprentices) or interns at any one time.

(2) To qualify for a license as an embalmer, in addition to meeting the time and competency requirements, an apprentice embalmer must be directly involved in the following during the apprenticeship period under the supervision of a licensed embalmer:

(a) Perform at least 35 arterial embalmings.

(b) For the purpose of this section, "supervision" means that each task shall be performed by an apprentice embalmer only after receiving direction from a licensed embalmer.

(c) An apprentice embalmer must maintain a log book containing entries of the clearly identifiable completed 35 arterial embalmings. Such log book shall be located at the facility where the apprentice is supervised and the apprentice and the apprentice's supervisor must furnish this record to the Board upon request. The apprentice may use a supplemental page to document any of the 35 required arterial embalmings performed at an alternate facility as directed by their supervisor. All supplemental pages must be included in the log book. The log book must be retained for a period of one year after licensure as an embalmer, or, if not licensed as an embalmer, for six years after the last log entry and must include the following:

(A) Name of the deceased;

(B) Date of death;

(D) Description of required embalming competency completed;

(E) Number of hours worked per week and total hours at the completion of apprenticeship;

(F) Supervisor's written confirmation for each embalming performed by their apprentice; and

(G) Name of licensed facility making the embalming arrangements.

(3) To qualify for a license as a funeral service practitioner, in addition to meeting the time and competency requirements, an apprentice funeral service practitioner must be directly involved in the following during the apprenticeship period under the supervision of a licensed funeral service practitioner:

(a) At least 25 arrangements that include tasks listed in OAR 830-030-0004.

(b) For the purpose of this section, "arrangement" means funeral services or final dispositions for at need persons, fully from the initial contact through the disposition of remains.

(c) For the purpose of this section, "supervision" means that each arrangement shall be performed by an apprentice funeral service practitioner only after receiving direction from a licensed funeral service practitioner.

(d) An apprentice funeral service practitioner must maintain a log book containing entries of the clearly identifiable completed 25 arrangements. Such log book shall be located at the facility where the apprentice is supervised and the apprentice and apprentice's supervisor must furnish this record to the Board upon request. The apprentice may use a supplemental page to document any of the arrangements or other competencies performed at an alternative facility as directed by their supervisor. All supplemental pages must be included in the log book. The log book must be retained for a period of one year after licensure as a funeral service practitioner, or, if not licensed as a funeral service practitioner, for six years from the last log entry, and must include the following:

(A) Name of the deceased;

(B) Date of death;

(D) Description of apprentice’s direct participation with at need persons;

(E) Number of hours worked per week and total hours at the completion of apprenticeship;

(F) Supervisor’s written confirmation for each arrangement made by their apprentice; and

(G) Name of the licensed facility responsible for the final disposition arrangements.

(4) Intern apprentices must serve their apprenticeships in accordance with the internship guidelines established by an accredited funeral service education program and as recognized and approved by the Board. A copy of the guidelines is available from the Board upon request.

(5) Applicants for an apprenticeship certificate must submit an application in accordance with ORS Chapter 692. The application must be submitted on the most current form provided by the Board and be accompanied by:

(a) The fee listed in OAR 830-020-0040;

(b) A copy of the applicant's birth certificate;

(d) Satisfactory proof of high school graduation or equivalency.

(e) If an applicant for an apprentice certificate is unable to provide a high school diploma, one of the following must be submitted:

(A) Satisfactory evidence that the applicant has passed a high school equivalency test (General Education Development Test); or

(B) A copy of transcripts from a college or university accredited by an agency recognized by the US Department of Education or equivalent.

(6) Prior to becoming licensed as a funeral service practitioner, apprentices must provide a certified copy of transcripts from a college or university accredited by an agency recognized by the US Department of Education or equivalent that illustrates completion of an associate degree or higher. Prior to becoming licensed as an embalmer, apprentices must provide proof of completion of an accredited course of funeral service education.

(7) The effective date of the apprenticeship will be the date the completed application, fee, and the required certificates are received and validated in the office of the Board and the application is approved by the Board. A letter will be sent notifying the apprentice of the status of their apprenticeship or application.

(8) The certificate of apprenticeship must be issued to the applicant as a trainee (apprentice) to a specified licensee in good standing. If the apprentice intends to change the licensee to whom apprenticed, the apprentice must immediately file a request for approval of the transfer with the Board and pay the required fee. A certificate must be reissued upon payment of an administrative charge. When an apprentice ceases to work under a specific licensee, the apprenticeship certificate becomes null and void. It is the responsibility of the supervising licensee to notify the Board's office of any termination in employment or supervision of the apprentice.

(9) Trainee (Apprentice) funeral service practitioner and embalmer certificates will not be granted to any person for a period longer than 48 aggregate months. When an apprentice has completed their apprenticeship, they will no longer be licensed as an apprentice, but must qualify either as a licensed embalmer or licensed funeral service practitioner.

(10) Notwithstanding (9), the Board may consider a request for extension of the apprenticeship period for reasonable and extenuating circumstances beyond the control of the trainee (apprentice).

(11) Trainee (Apprentice) supervisors are responsible for all assigned activities and any arrangements made by the trainee (apprentice) at any location.

(12) In lieu of meeting apprenticeship requirements, an applicant for Oregon funeral service practitioner or embalmer licensure is deemed to have satisfied the respective apprenticeship requirement upon submitting satisfactory proof to the Board that the person has practiced, respectively, as a funeral service practitioner or embalmer licensed in good standing in this state or another state identified by the Board to have requirements substantially similar to Oregon for a minimum of one year.

(13) Embalmer applicants who meet the requirements set forth in section (12) of this rule may be required to demonstrate competency by way of a practical examination at a time and place designated by the Board.

(14) Funeral service practitioner applicants who meet the requirements set forth in section (12) of this rule must successfully complete a written examination and receive a score of not less than 75 percent, based on the total number of questions.

(15) An applicant or licensee whose application for license has been denied or revoked or who voluntarily surrendered the license may not reapply for a minimum period of three years unless otherwise specified in a Board order denying, revoking or accepting a voluntarily surrender of the application or license.

History

Statutory/Other Authority: ORS 692.160, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.045, 692.070, 692.105, 692.130, 692.190 & 2015 HB 2471
MCB 1-2025, amend filed 02/23/2025, effective 02/25/2025
MCB 1-2024, temporary amend filed 06/25/2024, effective 07/01/2024 through 12/27/2024
MCB 1-2023, amend filed 08/30/2023, effective 09/27/2023
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1992, f. & cert. ef. 2-11-92
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 2-1988, f. & cert. ef. 9-9-88
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0050
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-011-0040 Completion of Funeral Service Practitioner and Embalmer Apprenticeship and Examination

(1) Once an apprenticeship has been completed and verified by the Board, the individual may sit for the applicable exam. An FSP trainee (apprentice) may choose to take the exam before completion and certification of their apprenticeship, but may not apply for license as a funeral service practitioner until both the exam is successfully passed and their apprenticeship completed and verified by the Board.

(2) An embalmer trainee (apprentice) may either take the Oregon embalmer examination or he may submit to the Board proof of passing the National Board Examination written by the Conference of Funeral Service Examining Boards of the United States, Inc. in lieu of the Oregon embalmer examination. In either case an average score of at least 75 percent as described in OAR 830-020-0000(2)(b) will be required for passing. An embalmer trainee (apprentice) may either take the Oregon embalmer examination or he may submit to the Board proof of passing the National Board Examination written by the Conference of Funeral Service Examining Boards of the United States, Inc. in lieu of the Oregon embalmer examination. In either case an average score of at least 75 percent as described in OAR 830-020-0000(2)(b) will be required for passing.

History

Statutory/Other Authority: ORS 183.341, 183.545, 692.160, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.105, 692.045, 692.190 & 2015 HB 2471
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0060
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-011-0050 Background Investigation Required Prior to Oregon Licensure

(1) All applicants for individual or facility licenses and principals of facilities seeking or holding a license must submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Law Enforcement Data Systems, other government agencies or courts, personal references, former employers, and credit checks. The Board may require the applicant or principal to furnish any information necessary to perform a background investigation.

(2) The Board may deny, suspend or refuse to issue or renew a license or certificate when a condition exists in relation to any principal of a licensed facility which constitutes grounds for refusing to issue or renew a license or certificate or for suspension of a license.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.025
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 1-1988, f. & cert. ef. 2-10-88
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-011-0065 Temporary Burial Permit

(1) The Oregon Mortuary and Cemetery Board (Board) may grant a temporary burial permit authorizing interment in a cemetery that does not hold a current, valid license or registration for the sole purpose of facilitating an at-need burial in accordance with ORS 692.025, Sec. 1, and only when the normal procedures for licensing or registration of a cemetery authority cannot be completed before burial must take place.

(2) The burial permit request must be made on the most current application form provided by the Board and must include copies of all pre-qualifying pre-arrangement documents as well as evidence of the verification of plot location to be considered. A permit will not be granted when pre-arrangements or plot location cannot be produced or verified or when such documents are disputed.

(a) Applicants must be directly associated with the cemetery authority, with a licensed party to the pre-arrangements, or with another qualifying person in accordance with ORS 692.025, Sec. 1, and

(b) Must be working on behalf of person(s) requesting burial.

(c) The application must also include the specific details of the planned burial and evidence that it will be performed by persons qualified to do so, and

(d) All paperwork will be kept with the permit that was issued for the burial and filed at the OMCB with the copy of the permit until a permanent place can be decided upon. If the cemetery authority is not a party to the interment, the Board will maintain the records and provide to the appropriate party identified by the Board on the permit.

(3) Permit holder shall only be responsible for any issues related to the permitted interment and not for any pre-existing conditions, contract terms or document errors made by the Cemetery Authority, nor for the condition of and continuing maintenance of the plot after closing.

(4) Sections (1) and (2) shall be repealed on January 1, 2018.

History

Statutory/Other Authority: ORS 692.025
Statutes/Other Implemented: ORS 692.025
MCB 4-2017, f. 7-13-17, cert. ef. 8-1-17
MCB 1-2017, f. & cert. ef. 1-12-17
Reverted to MCB 2-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2016(Temp), f. & cert. ef. 7-6-16 thru 1-1-17
MCB 2-2015, f. 12-31-15, cert. ef. 1-1-16

Or. Admin. R. 830-011-0070 Registration of Preneed Salespersons and Endowment Care Cemetery Salespersons

(1) Applicants for registration as a preneed salesperson must apply on the most current form provided by the Board, pay the preneed salesperson fees set forth in OAR 830-020-0040 and submit to a background investigation. The background investigation may include, but is not limited to, information solicited from the Department of State Police, Law Enforcement Data System, Oregon Department of Motor Vehicles, other government agencies including local law enforcement agencies, the courts and prior employers.

(2) A certificate of registration will be issued to an approved preneed salesperson applicant. An applicant may not make preneed sales or engage in preneed sales activity, including, but not limited to, marketing and participating in sales presentations, other than as an observer, until a certificate of registration has been issued to the applicant by the Board. It is the responsibility of the salesperson to provide written notice to the Board of any address changes within 30 days of the change.

(3) All preneed salesperson certificates of registration will expire on March 1 in even-numbered years unless renewed as provided in this section.

(4) On or before December 31 of each odd numbered year, the Board will mail to each registered preneed salesperson a form containing notice that the renewal fee is due and payable. The renewal form will be mailed to the most current address filed with the Board by the preneed salesperson. If the renewal form is not returned and the renewal fee is not paid by the renewal date the certificate of registration will lapse.

(5) Upon lapse of a preneed salesperson certificate of registration, the Board will send notice of the lapse by registered or certified mail to the most current address filed with the Board by the preneed salesperson.

(6) The Board may reinstate a certificate of registration if the preneed salesperson applies for reinstatement on a form provided by the Board not later than the 90th day after the lapse and pays the renewal fee as well as the reinstatement fee established in OAR 830-020-0040.

(7) The Board will not issue or renew the registration for a preneed salesperson that owes outstanding civil penalties to the Board.

History

Statutory/Other Authority: ORS 97.931
Statutes/Other Implemented: ORS 97.931
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02
MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94

Or. Admin. R. 830-011-0080 Grounds for Civil Penalty, Revocation, Suspension or Refusal to Issue or Renew a Preneed Salespersons Registration

(1) In accordance with ORS 97.933(5), the Holder of a Certificate of Registration is responsible for the conduct of their preneed salespersons. Therefore, the Board may take disciplinary action against a licensee that is the Holder of the Certificate of Registration for the misconduct of their preneed salespersons. It is the responsibility of the Holder of the Certificate of Registration to insure that sound sales and business practices are used in the training and supervision of their preneed salespersons.

(2) Upon complaint or upon its own motion, the Board may investigate any complaint concerning a preneed salesperson, a preneed salesperson applicant or an individual engaged in preneed sales activity without registration. For any of the causes described in ORS 692.180(1) or OAR 830-050-0050, or upon a determination that a registered preneed salesperson, applicant or unregistered individual has not complied with the provisions of ORS 97.923 to 97.949 or ORS Chapter 692 or any rules adopted thereunder, the Board may impose a civil penalty of up to $1000 per violation or suspend, revoke or refuse to issue or renew a registration.

History

Statutory/Other Authority: ORS 97.931 & 692.320
Statutes/Other Implemented: ORS 97.931
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02
MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94

Division 20 EXAMINATION AND LICENSURE

Or. Admin. R. 830-020-0000 Applications and Examinations for Funeral Service Practitioner and Embalmer Licenses

(1) All applications for funeral service practitioner and embalmer licenses by examination, accompanied by the examination fee prescribed by ORS Chapter 692, must be received in the office of the Board at least 14 days before the examination is held, or be postmarked before midnight of that date.

(2) The funeral service practitioner and embalmer examinations shall be scheduled no less than twice each year:

(a) Applicants for a funeral service practitioner license shall be required to successfully complete a written examination and receive a score of not less than 75 percent, based on the total number of questions;

(b) Applicants for an embalmer’s license shall be required to successfully complete a written examination that will include two sections, funeral service arts and funeral service sciences, and must receive an average score of at least 75 percent on the sections with not less than 70 percent on either of these two sections; and

(c) If the Board deems it necessary, the applicant for an embalmer’s license may also be required to pass an examination testing his or her qualifications as to the practical application of his knowledge.

(3) Upon successful completion of the funeral service practitioner’s examination, an appropriate license for the current year will be issued to the examinee after fulfilling the apprenticeship and upon payment of the annual license fee prescribed by ORS Chapter 692. An applicant for an embalmer’s license may be examined by the Board after first providing evidence of graduation from a funeral service program accredited by the American Board of Funeral Service Education, but shall not receive an embalmer’s license until he or she has fulfilled his or her apprenticeship and paid the required fee as prescribed in ORS Chapter 692.

(4) If an applicant for a funeral service practitioner or embalmer license fails to satisfactorily complete the examination, he or she may retake the examination the next time it is given upon payment of the full examination fee. Such fee must be received in the office of the Board at least 14 days before the examination is given.

(5) The examination fee shall not be returned to an examinee once he or she takes the examination.

(6) Test results will be mailed to examinees within 30 days after completion of the examination. Exams are not reviewable by examinee, pursuant to the Public Records Act, ORS Chapter 192.

History

Statutory/Other Authority: ORS 692.160, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.045, 692.070, 692.130, 692.140, 692.320 & 2015 HB 2471
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86, Renumbered from 830-010-0100
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-020-0010 License Fee Due After Examination

A license fee which is not received at the office of the Board within 30 days following receipt of notice of successful completion of the examination and completion of the apprenticeship for funeral service practitioner or embalmer shall be considered delinquent and shall be subject to the reinstatement provisions of ORS 692.170 for lapsed licenses.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.148 & 692.160
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0101
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-020-0015 Disaster Mutual Aid Agreement

In instances of a State emergency or disaster, it is the intention of the Oregon State Mortuary and Cemetery Board to allow funeral service practitioners and embalmers similarly licensed in other states, who are members of a disaster mortuary team and volunteering to appropriately care for deceased victims to practice in Oregon until the disaster or emergency has subsided. Individual volunteers shall be a member of a “Disaster Mortuary Team” authorized by local or federal authorities to provide such services. Only funeral service practitioners and/or embalmers licensed in Oregon shall sign death certificates.

History

Statutory/Other Authority: ORS 183.341 & 692.320
Statutes/Other Implemented: ORS 692.320
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 830-020-0020 Funeral Service Practitioner and Embalmer Licenses; Mili-tary Leave

(1) Funeral service practitioners and embalmers shall be licensed only after compliance with ORS Chapter 692, and rules adopted thereunder. Licenses for funeral service practitioner and embalmer will not be issued or renewed unless assessed civil penalties have been paid.

(2) A license issued pursuant to ORS Chapter 692 shall not be transferable.

(3) The Board shall publish, on its internet website, a list of the Board’s licensees.

(4) A person licensed under ORS Chapter 692 shall not be required to renew his or her individual funeral service practitioner or embalmer license while in active military service unless the person is required by that branch of the military service to maintain an active license from the state in which he or she is licensed in order to perform those services for that branch of the service. Such person shall notify the Board in writing of the date he or she will begin active military duty. The Board will not require this person to pay renewal licensing fees until completion of military duty. After release from active duty under honorable conditions, this person shall notify the Board in writing within 60 days of such discharge and may then be restored to former status. The Board shall not impose any fees until the following renewal period.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.190
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0105
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-020-0030 Reciprocal Licensure

(1) An applicant for reciprocal licensure must apply to the Board on the most current form provided by the Board. The application must be accompanied by the following:

(a) The reciprocal fee listed in OAR 830-020-0040;

(b) A copy of the applicant's birth certificate;

(d) A certified copy of transcripts from a college or university accredited by an agency recognized by the US Department of Education or equivalent that illustrates completion of an associate degree or higher (for funeral service practitioner licensure) or proof of passing an accredited course of funeral service education (for embalmer licensure);

(e) A certification from the state(s) the applicant is or was licensed in that includes: length of apprenticeship, if any, examination score, date licensed, status of license at the present time, and whether the applicant's license has ever been suspended or revoked or other disciplinary action taken;

(f) Proof that the applicant is or was licensed and has practiced, respectively, as a funeral service practitioner or an embalmer in another state with substantially similar requirements as identified by the Board for at least one full year before the respective application date; and

(2) An applicant for reciprocal funeral service practitioner license must pass the Board's funeral service practitioner examination as a means of providing satisfactory proof to the Board that the applicant has the requisite qualifications for licensing as a funeral service practitioner in this state. The examination must include questions related to:

(a) Oregon and federal laws, rules and regulations relating to the care, preparation, disposition and transportation of human remains; and survivor death benefits.

(b) Reciprocal applicants for funeral service practitioner license must receive a score of not less than 75 percent, based on the total number of questions, in order to pass the examination. Reciprocal applicants are eligible to take the examination at the regularly scheduled examination dates if their examination application is received at least 14 days prior to the examination date.

(3) Applicants for reciprocal embalmer licensure must show evidence satisfactory to the Board that the applicant has successfully passed the National Board Examination as administered by the Conference of Funeral Service Examining Boards or an equivalent examination written by the Conference of Funeral Service Examining Boards. The examination must include two sections, funeral service arts and funeral service sciences, and the applicant must receive a cumulative average score of at least 75 percent on the sections with not less than 70 percent on either of these two sections. The applicant may be required to also take an exam on applicable Oregon laws.

(4) A license must not be issued to a reciprocal applicant before a complete background check has been performed and Board approval has been received.

History

Statutory/Other Authority: ORS 692.160, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.140 & 2015 HB 2471
MCB 1-2023, amend filed 08/30/2023, effective 09/27/2023
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-020-0040 License, Certificate and Registration Fees

(1) Initial application fees:

(a) Funeral establishment, immediate disposition company, crematory, alternative disposition facility or a cemetery that performs more than ten interments annually — $150 (includes first principal) plus $50 for each additional principal;

(b) Cemetery that performs ten or fewer interments annually — an initial fee of $100 and a fee not to exceed $50 for registration of all principals regardless of the total number of principals

(d) Trainee (Apprentice) funeral service practitioner or trainee (apprentice) embalmer — $50;

(e) Reciprocal funeral service practitioner or reciprocal embalmer — $160;

(f) Intern Trainee (Apprentice) — $25;

(g) Preneed Salesperson — $150;

(h) Certificate of Removal Registration — $30;

(i) Funeral Service Practitioner — $80 per year;

(j) Embalmer — $80 per year;

(k) Death Care Consultant — $80 per year.

(2) Renewal application fees:

(a) Funeral establishment or immediate disposition company — $350 per year, payable biennially;

(b) Crematory or Alternative Disposition Facility — $100 per year plus $2 per disposition performed during the two calendar years preceding the year in which the current license expires, payable biennially;

(c) Cemetery — $4 per interment performed during the two calendar years preceding the year in which the current license expires up to a maximum of 150 interments or $600 per year, payable biennially; (Cemeteries with ten or fewer interments annually are not required to pay a renewal fee in accordance with ORS 692.275.)

(d) Funeral service practitioner — $80 per year, payable biennially;

(e) Embalmer — $80 per year, payable biennially;

(f) Combination funeral service practitioner/embalmer — $160 per year, payable biennially;

(g) Trainee (Apprentice) funeral service practitioner — $25 per year, payable annually;

(h) Trainee (Apprentice) embalmer — $25 per year, payable annually;

(i) Preneed salesperson — $25 per year, payable biennially;

(j) Death care consultant — $80 per year, payable biennially.

(3) Exam fees:

(a) Funeral service practitioner exam — $100;

(b) Embalmer exam (written or practical) — $130 to $400 (depending on the cost to the Board).

(4) License, certificate and registration reissue fees:

(a) Transfer of apprenticeship, replacement license, name change or manager change — $25;

(b) Licensed facility location change — $250.

(5) Reinstatement of lapsed license, certificate or registration — $50 each.

(6) Funeral service practitioners, embalmers, and preneed salespersons must renew their licenses on even numbered years. Facilities must renew on odd numbered years.

(7) Fees paid under this section are not refundable or transferable.

(8) Notwithstanding the above, a registrant for the funeral service practitioner examination may notify the Board in writing that he or she is withdrawing the application for the examination and request a refund of the examination fee at any time before the date of the examination. Examination fee refunds will be refunded to the person that paid the examination fee to the board; fees paid by cred-it card will be refunded to the credit card holder, fees paid by money order or cashier’s check will be refunded to the applicant.

History

Statutory/Other Authority: ORS 692.160, 692.320, 97.931 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.160, 97.931 & 2015 HB 2471
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-2004, f. 9-30-04, cert. ef. 11-1-04
MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02
MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 3-1993, f. 10-28-93, cert. ef. 11-1-93
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1992, f. & cert. ef. 2-11-92
MCB 3-1989, f. 12-4-89, cert. ef. 12-1-89
MCB 2-1989(Temp), f. 10-2-89, cert. ef. 11-1-89
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0110
MCB 2-1985(Temp), f. & cert. ef. 11-5-85
MCB 1-1985(Temp), f. & cert. ef. 7-3-85
SMB 1-1984, f. & cert. ef. 10-22-84

Or. Admin. R. 830-020-0050 Administrative Fees

(1) The Mortuary and Cemetery Board may charge a fee reasonably calculated to reimburse the agency for costs of providing and conveying copies of public records. A schedule of administrative fees will be approved as necessary by the Board and will be made available to the public.

(2) All fees and charges must be paid before public records may be made available for inspection or copies provided.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.160
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93

Division 30 ALTERNATIVE DISPOSITION FACILITY AUTHORITIES, IDENTIFYING METAL DISC, DUTIES OF CEMETERY AUTHORITIES AND CREMATORY AUTHORITIES, SCOPE OF PRACTICE AND LICENSE, CARING FOR HUMAN AND CREMATED REMAINS

Or. Admin. R. 830-030-0000 In General

(1) No licensee, operator of a licensed facility, or their agent may interfere with another licensee, operator of a licensed facility, or their agent who has been legally called to take care of human remains or perform services relating to the final disposition of human remains. The choice of licensed facility or licensed person must be left entirely to the person with the legal right to control final disposition.

(2) Alternative Disposition Facility Authorities must also comply with the requirements in this division (Division 30) applicable to the handling and tracking of human remains by Crematory Authorities. Alternative Disposition Facility Authorities must, therefore, prior to, during, and after alternative disposition is complete handle and track human remains in the same manner as a Cremation Authority. Processed alternative disposition remains must be handled and tracked, prior to, during, and after being processed in a dissolution chamber or natural organic reduction chamber just as cremated remains must be handled and tracked prior to, during, and after being processed in a cremation chamber.

(3) An Alternative Disposition Facility Authority who operates a dissolution chamber for alkaline hydrolysis must utilize an industry-specific vessel that meets industry and commercial standards for use as a dissolution chamber, and must meet all required parameters for heat, time and circulation necessary to achieve the complete reduction of all human remains.

(a) A dissolution chamber that operates above atmospheric pressure must be an American Society of Mechanical Engineers’ (ASME) certified pressure vessel.

(b) The Alternative Disposition Facility Authority must ensure that the discharge liquid that is a byproduct of the dissolution process meets the facility’s sewage collection and treatment facility requirements regarding acceptable temperature and pH level.

(4) An Alternative Disposition Facility Authority who operates a natural organic reduction chamber must utilize an industry-specific vessel that meets industry and commercial standards for use as a reduction chamber, and must meet all required parameters for heat, time and circulation necessary to achieve the complete reduction of all human remains.

(5) It is the responsibility of the funeral service practitioner or person acting as a funeral service practitioner as that term is defined in ORS 432.005(11) to ensure that an identifying metal disc with a number assigned by the State Registrar’s Office imprinted on the disc is attached to the casket or other receptacle containing human remains or is attached to the remains if there is no receptacle.

(a) When human remains are to be cremated, the identifying metal disc must be secured at all times to the head end of the receptacle or to the remains if no receptacle is used until the remains are placed in the cremation chamber.

(b) When human remains are going to be buried or entombed, the identifying metal disc must be attached to the head end of the casket or receptacle, or to the remains if no receptacle is used.

(6) It is the responsibility of the Crematory Authority to see that the identifying metal disc accompanies human remains through the cremation process.

(7) It is the responsibility of the Cemetery Authority or Crematory Authority to see that the identifying metal disc is properly secured to each receptacle containing human remains, or, when no receptacle is used, to the remains, when remains are delivered to the facility and that the number on the identifying metal disc is the number recorded on the final disposition permit. The Cemetery Authority or Crematory Authority must sign the final disposition permit verifying this fact prior to accepting the remains. The Cemetery Authority or Crematory Authority may not accept remains without the proper identifying metal disc unless death occurred in a state other than Oregon.

(8) If, when the human remains are delivered to the crematory, cemetery or alternative disposition facility, no metal disc is attached to the receptacle or remains as required, or the disc number does not match the permit number as required, the funeral service practitioner or person acting as a funeral service practitioner as that term is defined in ORS Chapter 432.005(11) must retain responsibility for the proper care and storage of the remains until the correct disc is obtained and ensure it is affixed to the receptacle or remains. If the discrepancy cannot be resolved prior to any scheduled service, the funeral service practitioner or person acting as a funeral service practitioner as that term is defined in ORS Chapter 432.005(11), must take responsibility for notifying the person with the legal right to control final disposition that the disposition is postponed.

(9) If human remains or partial human remains, other than processed cremated remains, are discovered in a presumed unoccupied grave or crypt when opening the grave or crypt for purposes of an interment, the following is the responsibility of the cemetery authority:

(a) The cemetery authority must report the discovery to the Board on a form that has been approved by the Board.

(b) The cemetery authority must exercise diligence under the circumstances to identify the human remains.

(c) If positive identification of the remains is made, and if disinterment is not authorized pursuant to ORS 97.220 or 146.045, the human remains must not be further disturbed, the interment space must be immediately closed and the cemetery authority must update the cemetery records for that grave or crypt to include all relevant information known to the cemetery authority regarding the human remains, as outlined in OAR 830-040-0000 and ORS 97.720.

(d) If the human remains cannot be identified, and if disinterment is not authorized pursuant to ORS 97.220 or 146.045, the human remains must not be further disturbed, the interment space must be immediately closed, and the cemetery records must reflect that the interment space is occupied by unidentified remains, the date of discovery, and indicate that the space is not available for further interments.

(e) If the human remains are positively identified as remains that were originally interred in a grave adjacent to the opened grave but entered the opened grave during excavation or due to the operation of natural forces underground, the cemetery authority must make a reasonable effort to return all soil, human remains, and funerary objects to the interment space from which the material originated. The cemetery authority, if feasible, may then proceed with opening the unoccupied grave for interment.

(10) If processed cremated remains are discovered in a presumed unoccupied grave, crypt or niche when opening the grave, crypt or niche the following is the responsibility of the cemetery authority:

(a) The cemetery authority must report the discovery to the Board on a form that has been approved by the Board.

(b) If the cremated remains are identified, the cemetery authority must use reasonable diligence under the circumstances to determine if such cremated remains were placed with the permission of the cemetery authority. If no such permission was given, the cemetery authority must attempt to deliver the cremated remains to a person within the first applicable listed class in ORS 97.130(2).

(c) If the cremated remains cannot be identified or if the cemetery authority is unable to deliver the cremated remains to a person within a listed class under ORS 97.130(2), the cemetery authority must hold the cremated remains indefinitely and at a minimum, place the cremated remains in a common grave, crypt or niche, and record the specific location of the remains therein.

(d) The cemetery authority must retain a permanent record of the known circumstances of the cremated remains including at a minimum: The original location where the cremated remains were discovered, the steps taken to identify and deliver the cremated remains, and the ultimate re-disposition of the cremated remains.

(11) When a licensee arranges for the scattering of cremated remains, the licensee must include in the licensee’s permanent records the final location of the cremated remains and make the identifying metal disc a part of the licensee's permanent record.

(12) It is the responsibility of the funeral establishment or immediate disposition company licensee handling the disposition of human remains to pay the death certificate filing fee as required in ORS 432.312(1). This fee must be paid within 30 days after the billing and, in no case longer than 90 days after the billing. Failure to pay death certificate filing fees is cause for disciplinary action by the Board.

(13) It is the responsibility of each licensed facility to have an assigned manager for each facility at all times and to notify the Board in writing within 30 days of the assignment. In the case of funeral establishments and immediate disposition companies, the assigned manager must be an Oregon licensed funeral service practitioner.

(a) For funeral establishments, the assigned manager must reside within 200 miles of all facilities they are assigned to manage.

(b) For alternative disposition facilities, cemetery authorities, crematory authorities, and immediate disposition companies, the assigned manager must be able to arrive at all facilities they are assigned to manage within 12 hours.

(14) If it is necessary for an assigned manager to reside further than 200 miles from any funeral establishment they are assigned to manage, the assigned manager or a facility principal must submit a written request to the Board for an exception to the 200-mile residency requirement – such exception for a temporary absence shall be no longer than 60 days. The written request must include at a minimum the following information:

(a) The time period of the assigned manager’s temporary absence;

(b) The reason for the assigned manager’s temporary absence; and

(c) The steps taken to ensure that all facility operations will continue under supervision on a daily basis, which shall include at a minimum:

(A) All electronic communication with facility staff, including but not limited to emails, faxes, internet messaging, phone calls, text messages, and video conferencing; and

(B) Any additional means of supervision that will be utilized during the assigned manager’s temporary absence.

(15) The Board will review the written request for an exception to the residency requirement and determine whether, in its discretion, an acceptable reason has been provided and whether appropriate steps have been taken to ensure that facility operations will continue under supervision on a daily basis during the assigned manager’s temporary absence. If the written request includes all of the requirements and the reason is satisfactory, the Board may approve the request. If the written request fails to include all of the requirements and/or the reason is unsatisfactory, the Board may deny the request and require the facility to assign a new manager and submit a change of principal application for all impacted facilities.

(16) Upon submission of a written notification to the Board, a funeral service practitioner may be authorized to manage two funeral establishments or two immediate disposition companies, or one of each. A funeral service practitioner may be authorized by the Board to manage more than two funeral establishments or immediate disposition companies, or a combination of them, upon providing a written request to the Board that describes the basis and acceptable reason for the request. The Board may approve the written request after consideration of the provided information. Prior to making its decision, the Board may request additional information from the requesting funeral service practitioner.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.180 & 692.405
MCB 2-2024, amend filed 06/28/2024, effective 07/01/2024
MCB 1-2022, amend filed 06/30/2022, effective 07/01/2022
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 1-1986, f. & ef. 10-21-86, Renumbered from 830-010-0150
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-030-0004 Scope of Practice

The purpose of this rule is to establish an acceptable scope of practice for licensed funeral service practitioners, embalmers, and preneed salespersons.

(1) Only a funeral service practitioner or funeral service practitioner trainee (apprentice) shall:

(a) Work directly with at need persons to arrange for the disposition of human remains; and

(b) Coordinate and direct the various tasks associated with performing funeral services for at need persons including but not limited to: taking all vital information on the deceased for the purpose of filing the death certificate; arranging for transportation of the remains; coordinating the services for final disposition; supervising or otherwise controlling the care, preparation, processing and handling of human remains.

(2) Only a registered preneed salesperson or other funeral service licensee shall engage in prearrangement or preconstruction sales.

(3) A preneed funeral service salesperson shall not engage in at need funeral arrangements or sales.

(4) Only a licensed embalmer or embalmer trainee (apprentice) may provide the necessary handling and preparation of human remains, e.g. washing, disinfecting, setting features, embalming, repair and supervising dressing.

History

Statutory/Other Authority: ORS 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.025 & 2015 HB 2471
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 830-030-0008 Scope of License

The purpose of this rule is to establish an acceptable scope of license for funeral establishments and immediate disposition companies.

(1) Only a licensed funeral establishment may:

(a) Have facilities for the care and preparation, processing and handling of human remains before the remains undergo disposition;

(b) Offer embalming, employ a licensed embalmer, have on premises either a preparation room or holding room to care for and prepare human remains; and

(2) An Immediate Disposition Company may only arrange for immediate final dispositions without viewing or visitation, or a ceremony with the human remains present except for a graveside service.

History

Statutory/Other Authority: ORS 183.341 & 692.320
Statutes/Other Implemented: ORS 692.025
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 830-030-0010 Care of Human Remains

(1) All human remains that will be embalmed must be disinfected by approved disinfecting solutions in such manner to help eliminate the danger of spreading diseases or infection. All human remains that are not going to be embalmed must be wrapped in a sheet. If human remains are to be held longer than 24 hours, the remains must, at minimum, either be embalmed or refrigerated at 36 degrees F. or less until final disposition.

(2) It is the duty of funeral service practitioners and embalmers to see that every precaution is taken to prevent the spread of infections from persons who have died of or with communicable diseases.

(3) An embalmer must not embalm human remains without obtaining written or oral permission of a person who has the right to control the disposition of the remains. When oral permission is received to embalm, the licensee obtaining the oral permission must document the oral permission in writing. Documentation must include the name and phone number of the authorizing agent, relationship to the deceased, date and time oral permission was obtained, and printed name and signature of the licensee or facility representative acquiring the oral authorization. An authorizing agent must confirm the oral permission on a written, signed embalming authorization form as outlined in OAR 830-040-0000(7).

(4) All human remains must undergo final disposition within twenty calendar days after a licensed funeral establishment takes possession of the remains. If human remains are going to be kept longer than a twenty-calendar day period due to exigent circumstances, it is the responsibility of the licensee responsible for those human remains to notify the Board by submitting the completed form via the Board’s website by the twenty-first calendar day. Once disposition has been completed, the licensee who is responsible for the human remains shall notify the Board within five calendar days after performing disposition by submitting the updated completed form via the Board’s website.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 97.130 & 692.025
MCB 2-2023, amend filed 10/25/2023, effective 11/01/2023
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89, Renumbered (1)(a) thru (k) to 830-011-0000
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0155
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1979, f. & cert. ef. 2-21-79
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-030-0030 Removal and Identification of Human Remains

(1) In accordance with the identifying requirements established in ORS 692.405, the Crematory Authority must, immediately upon taking custody of human remains, verify that the human remains bear a means of identification attached as described in OAR 830-030-0000(4), (5), (6) and (7). A Crematory Authority must not cremate human remains without an identifying metal disc unless death occurred in a state other than Oregon.

(2) Documents identifying the human remains placed in the custody of a Crematory Authority prior to cremation must contain the following information:

(a) Name of deceased;

(b) Date of death;

(d) Name and relationship of authorizing agent; and

(e) Name of authorizing agent or firm engaging crematory services.

(3) If the Crematory Authority takes custody subsequent to the human remains being placed within a cremation container, the Crematory Authority must satisfy itself that identification has been made as described in section (2) of this rule, and thereafter must place a similar appropriate identification upon the exterior of the cremation container.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.405
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-030-0040 Holding Human Remains for Cremation and Cremation of Human Remains

(1) All persons operating cremation, dissolution or natural organic reduction equipment must be properly trained on the operation of such equipment, If required, each operator must obtain and maintain all applicable permits or certifications for operating the equipment.

(2) The Crematory Authority must not proceed with final disposition of human remains without first obtaining written permission from the person who has the right to control the final disposition of the remains.

(3) When a Crematory Authority is unable to proceed with final disposition of human remains immediately upon taking custody, the Crematory Authority must place the remains in a room that must be marked as “Private” or “Authorized Entry Only”.

(4) Human remains held at a crematory that are not embalmed must be held only within a refrigerated facility in accordance with OAR 830-030-0010(1) and 830-030-0060(1).

(5) The unauthorized simultaneous cremation of more than one human remains within the same cremation chamber is specifically forbidden. It may be done only when authorized as provided in section (7) of this rule.

(6) Immediately prior to being placed within the cremation chamber, the identification of the human remains must be verified by the Crematory Authority staff. For Oregon deaths, confirmation includes verification that the number on the identifying metal disc is the number recorded on the final disposition permit. The identifying metal disc must be attached to the outside of the cremation chamber where it must remain until the cremation process is complete.

(7) A Crematory Authority may only permit the simultaneous cremation of more than one human remains within the same cremation chamber upon having received such written authorization to do so from the authorizing agent of each human remains. A written authorization exempts the Crematory Authority from all liability for commingling the remains.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.025, 692.275 & 692.405
MCB 1-2022, amend filed 06/30/2022, effective 07/01/2022
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 1-1988, f. & cert. ef. 2-10-88
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-030-0050 Processing of Cremated Remains

In order to protect the public's interests and to prevent any misrepresentation in the conduct of doing business, the crematory authority must process cremated remains in the following manner:

(1) Upon completion of the cremation, insofar as is possible, all residual of the cremation process must be removed from the cremation chamber and the chamber swept clean. The residual must be placed within a container or tray that will prevent commingling with other cremated remains and the identification removed from the cremation chamber and attached to the container or tray to await final processing;

(2) All residual of the cremation process must undergo final processing;

(3) The entire processed cremated remains must be placed in a cremated remains container. The identifying metal disc must be placed on or in the container. The cremated remains must not contain any other object unrelated to the cremation process unless specific authorization has been received from the authorizing agent;

(4) If the entire processed cremated remains will not fit within the dimensions of the cremated remains container, the remainder must be returned either in a separate container, or, upon written permission of the authorizing agent, be disposed of according to the established procedures of the Crematory Authority; and,

(5) The following information will be affixed to the temporary receptacle or attached to the permanent receptacle for cremated remains: deceased name, date of death, identifying metal disc number, name of funeral home, and name of crematory.

History

Statutory/Other Authority: ORS 183.341, 183.545 & 692.320
Statutes/Other Implemented: ORS 692.025 & 692.275
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-030-0060 Rules for Transportation of Human Remains (Does Not Include Removal of Deceased from Place of Death to Funeral Establishment, Cemetery, Crematory or Other Holding Facility)

(1) When an unembalmed human remains is to be transported to a destination after 24 hours after death the remains may be removed from refrigeration and transported as described in OAR 830-030-0080(1) providing that the remains can be transported to its destination within the six hour time-frame. If the remains cannot be transported to its destination within the six hour time-frame, it shall be embalmed or placed in a sealed rigid container.

(2) No disinterred human remains shall be transported from one cemetery to another within the State of Oregon or transported out of the state, except by permit of the State Health Division. A disinterred human remains shall be any human remains removed from one cemetery to another cemetery (this does not apply to cremated remains).

History

Statutory/Other Authority: ORS 183.341, 183.545 & 692.160
Statutes/Other Implemented: ORS 432.317 & 692.025
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0160
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-030-0070 Transportation and Care of Persons Who Have Died of or With Communicable Diseases

(1) Except for transportation of human remains from place of death to a licensed facility or other holding facility, transportation of persons who have died of or with communicable diseases specified by the Oregon Health Authority shall be permitted only under the following conditions: the human remains shall be thoroughly embalmed with approved disinfectant solution; all orifices shall be closed with absorbent cotton; and the body shall be washed.

(2) Communicable diseases which apply to this section are as follows:

(a) Acquired immunodeficiency syndrome;

(b) Diphtheria;

(d) Hepatitis C;

(e) Hepatitis, delta;

(f) Human immunodeficiency virus;

(g) Plague;

(h) Rabies;

(i) Tularemia; and

(j) Tuberculosis.

(3) If religious custom or the conditions of the remains prohibit embalming, human remains shall be received for transportation by a common carrier if the human remains are placed in a sealed impervious container enclosed in a strong transportation case or in a sound container designed for that that purpose enclosed in a sealed impervious transportation case.

(4) Notwithstanding (1), (2) and (3), the Oregon Health Authority (OHA) may provide additional or different requirements for the handling of human remains to the Board in response to a public health or emergency event. Any such additional or overriding requirements will be sent immediately to all effective licensees electronically, and will be posted to the Board’s website. The new requirements are in effect upon issuance by OHA, and are considered ongoing requirements unless otherwise specified, or until repealed or revoked in writing by OHA.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025
MCB 2-2017, f. 7-13-17, cert. ef. 8-1-17
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-030-0080 Requirements for the Holding of Funerals

(1) If a public or private funeral service and/or public viewing is desired over an unembalmed refrigerated human remains, the unembalmed human remains shall not be removed from refrigeration for longer than a total of six hours. No public or private funeral service or public viewing shall be held over the remains of an unwashed, human remains.

(2) No public viewing shall be held over the unembalmed remains of persons who have died of or with any communicable diseases referred to in OAR 830-030-0070 and/or cited by Oregon Health Authority, Public Health Division in cases of emerging/changing public health concerns.

(3) Nothing in this section is meant to limit or discourage identification or private viewing of an unwashed, unembalmed human remains by family members or hinder religious customs.

History

Statutory/Other Authority: ORS 183.341, 183.545, 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025
MCB 3-2017, f. 7-13-17, cert. ef. 8-1-17
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0165
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1979, f. & cert. ef. 2-21-79
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-030-0090 Standards of Practice

Every licensee or agent of a licensed facility of the Oregon Mortuary and Cemetery Board (Board) must abide by the accepted standards of the Death Care Industry and the minimum standards, including but not limited to the following standards of practice set forth by the Board. Violations of the following may be cause for Board action.

(1) Every licensee or agent of a licensed facility must:

(a) Comply with Oregon Revised Statutes relating to death care in ORS Chapters 97, 432 and 692; and comply with the Oregon Public Health Laws;

(b) Implement and follow through with contractual arrangements with the person with the legal right to control final disposition;

(c) Assign persons to perform functions for which they are licensed and which are within their scope of practice/scope of duties;

(d) Supervise trainees (apprentices) and unlicensed persons to whom tasks regulated by this Board are assigned;

(e) Report conduct violating paragraphs (1)(a) by any death care industry licensee to the Board or the appropriate law enforcement agency;

(f) Respect the dignity and rights of clients, regardless of social or economic status, age, race, religion, gender, gender identity, sexual orientation, national origin, nature of health problems or disability; and

(g) Respect the dignity of dead human remains by appropriate handling, including but not limited to, transporting, refrigerating, embalming, dressing or performing final disposition.

(2) Principals are responsible for the actions of employees related to the operation of a licensed facility;

(3) A licensed embalmer or embalmer trainee (apprentice) must supervise and be responsible for the required sanitizing of the preparation room or holding room including, but not limited to, embalming tables, work surfaces, sinks, floors, instruments, and disposal of contaminated waste. A preparation room or holding room must be sanitized after the use of the room.

(4) Unacceptable conduct by a licensee or agent of a licensed facility includes:

(a) Abusing a corpse, as defined in ORS 166.085 and 166.087;

(b) Abusing a client. The definition of abuse includes, but is not limited to, causing physical or emotional discomfort or intimidating, threatening or harassing a client;

(c) Failing to report actual or suspected incidents of client or corpse abuse through the proper channels in the work place and to the Board or appropriate law enforcement agencies;

(d) Using the death care industry practitioner/client relationship to exploit the client by gaining property or items of value from the client for personal gain beyond the compensation for services;

(e) Aiding, abetting, or assisting any individual to violate or circumvent any law, rule or regulation intended to guide the conduct of the death care industry;

(f) Failing to perform death care services for the living or the deceased without discrimination on the basis of social or economic status, age, race, religion, gender, gender identity, sexual orientation, national origin, nature of health problems or disability;

(g) Inaccurate or incomplete record keeping as required by the Board;

(h) Providing false information on facility records including, but not limited to, filling in another person’s omissions without consent, signing another person’s name or on their behalf without authority, recording services or merchandise not provided or that a party did not agree to, or falsifying data;

(i) Altering a facility record including but not limited to changing the words, letters, or numbers from the original document except in the case of a contract modified in accord with the terms of the contract;

(j) Destroying any document related to a death care service that must be preserved by law; or

(k) Directing another person to modify, alter or destroy any document related to death care without legal authority to do so.

(5) No licensee may:

(a) Practice without an appropriate Oregon license/certificate or registration;

(b) Allow another person to use one’s license, certificate or registration;

(d) Make false or misleading statements or use fraud or misrepresentation in communications with the Board.

(e) Disclose the contents of the licensure examination or solicit, accept or compile information regarding the contents of the examination, before, during or after its administration.

(f) Fail to provide the Board with requested documents or information within the Board’s jurisdiction;

(g) Fail to cooperate or answer truthfully or completely inquiries regarding matters within the Board’s jurisdiction; or

(h) Have an impairment as defined in ORS 676.303.

History

Statutory/Other Authority: ORS 692.160, 692.320 & 2015 HB 2471
Statutes/Other Implemented: ORS 692.320 & 2015 HB 2471
MCB 1-2015, f. 12-31-15, cert. ef. 1-1-16
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86, Renumbered from 830-010-0170
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-030-0100 Misleading Business Practices

The following practices are prohibited and are considered misrepresentation in the conduct of doing business:

(1) Any sales presentation or practice that conceals or misstates a material fact is considered a misrepresentation in the conduct of doing business.

(2) Any guarantee or representation that the prospective purchase would realize a profit by reselling at a later date.

(3) Any use of interment space used for the interment of human remains including cremated remains, other than those of the owner of that space or interment rights thereto, or placement of other materials belonging to a person other than the owner, without the prior written authorization by the owner of such space or interment rights. If the person authorizing such interment or placement of materials represents that he or she has authority to direct the interment or placement, a licensee is not in violation of this rule if, after due diligence, the licensee reasonably believes such person may direct the interment or placement of materials.

(4) Any failure to comply with the terms of the sales contracts or state or local law requirements, with respect to irrevocable permanent care, and failure to comply with any other applicable laws and regulations relating to cemeteries.

(5) Any advertising or other presentation or indication that a licensee is in any way connected with the federal government, any other government agency, or any veterans' or other organization. If a veterans' organization or government agency is referred to in any advertisement, sales program or presentation the licensee must include a disclaimer in bold type to the effect that “This facility is not financed or connected in any manner with any government agency or veteran's or other organization”.

(6) Any use of advertisements, printed materials, forms, or any other materials that resemble or suggest official government documents or publications.

(7) In addition to the provisions of ORS 97.943(8), which provides the purchaser may cancel a revocable prearrangement contract at any time prior to death and receive a full refund including earnings, a licensee must, in a preneed sales contract, include a reasonable period of not less than five business days during which the purchasers may cancel the funeral or cemetery contract for delivered goods that are unused and undamaged, and during which the purchaser may cancel any contract for interment rights.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.025 & 692.180
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86

Division 40 RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT

Or. Admin. R. 830-040-0000 General Principles

(1) Every licensee is responsible for complying with the provisions of ORS Chapter 692 and rules adopted thereunder, and any other law pertaining to the duties and responsibilities of the funeral service practitioner or the operation or licensing of funeral establishments, immediate disposition companies, cemeteries, crematoriums and alternative disposition facilities.

(2) Alternative Disposition Facility Authorities must comply with the requirements in this division (Division 40) applicable to Crematory Authorities and cremated remains, as if alternative disposition remains are cremated remains, as if the Alternative Disposition Facility is a Crematory Authority, and as if dissolution and natural organic reduction are cremation.

(3) The Board may refuse to allow use of any facility name that is misleading as to the nature of the facility’s purpose.

(4) When a person, firm, partnership or corporation applies to the Board for a facility license, the name on the application must identify the primary activity of the facility. This name must be the registered name with the Board and must also be used as the advertised name of the facility.

(5) Each licensed facility must provide the Board with its true corporate, firm or individual name. Applications for all licensed facilities must be made on the most current application and specify the names of all principals. If the principal is a corporation, the application must include the names of all principals of that corporation.

(6) When there is a change in any principal of the licensed facility, the licensee must provide the Board with the name of the new principal(s) on the most current form provided by the Board within 30 days of the change. If the new principal is a corporation, the licensee must provide the names of the principals of that corporation to the Board on the most current form provided by the Board.

(7) All licensees and licensed facilities must keep a detailed, accurate, and permanent record of all transactions that are performed for the care, preparation and final disposition of human remains. The record must set forth as a minimum:

(a) Name of decedent and, when applicable, the identifying metal disc number provided by the State Registrar’s Office;

(b) Date of death;

(d) Name of place of final disposition. In cemetery records, the “name of place” means the exact location of the interment of human remains such as grave, crypt, niche, etc.;

(e) The name of the funeral service practitioner, cemetery, crematory or alternative disposition facility personnel responsible for making and executing the arrangements pertaining to the delivery of goods and fulfillment of services;

(f) The name of the embalmer and funeral establishment responsible for embalming (applies only to funeral establishment records); and

(g) Written permission for embalming, final disposition and scattering services from the person who has the right to control disposition of the human remains pursuant to ORS 97.130(1) and (2). The record of such authorization must include at a minimum: printed name, signature and phone number of the authorizing agent and relationship to the deceased, date and time permission was obtained, and printed name, signature and phone number of the authorizing agent and relationship to the deceased, date and time permission was obtained, and printed name and signature of the licensee or facility representative who acquired the authorization.

(8) In the case of cremation, the licensee responsible for making the cremation arrangements must require the authorizing agent making the cremation arrangements to provide the licensee with a signed statement specifying the action to be taken regarding delivery of the cremated remains. A copy of this statement must be retained in the permanent records of the responsible licensee.

(9) If cremated remains are not retained by the licensee accepting initial responsibility for the remains, the licensee must, upon delivery of such cremated remains to another individual, obtain a signed receipt from that individual. The receipt must include as a minimum: printed name of the individual receiving the cremated remains, the name of the deceased, and the date of delivery of the cremated remains, the receiving individual’s signature and the printed name and signature of the licensee or the licensee’s representative releasing the cremated remains.

(10) No licensee or operator of a licensed facility or a licensee’s agent may:

(a) Fail to preserve required records for inspection by the Board; or

(b) Alter, cancel or obliterate entries in records required by law to be made, maintained or preserved.

(11) After human remains are released to the Cemetery Authority, they must be placed in their designated grave, crypt or vault within 24 hours after taking possession unless exigent circumstances exist. After human remains are released to the Crematory Authority, those remains must be cremated and processed within 48 hours unless exigent circumstances exist. In such exigent circumstances, the facility must notify both the funeral service practitioner responsible for the arrangements and the office of the Board. The licensed facility, funeral service practitioner, or person acting as the funeral service practitioner under ORS Chapter 432, responsible for the arrangements for that deceased, must notify the family of such exigent circumstances and, at the request of the cemetery or crematory, pick up and arrange for proper storage of the remains within 24 hours of notification.

(12) No licensee or employee or agent of a licensed facility, may pay, cause to be paid or offer to pay, and no person, firm or corporation may receive, directly or indirectly, any commission, bonus, rebate or other thing of value in consideration for recommending or causing human remains to be taken to any specific funeral establishment.

(13) Facilities must post their facility license and certificates of apprenticeship in a conspicuous location for public viewing. Other individual licenses will be available for inspection upon request.

(14) Every Cemetery Authority, Crematory Authority and Alternative Disposition Facility Authority must keep the Board’s office informed of the location of their permanent records. These records must be made available for random inspections by the Board at any reasonable time.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025 & 692.160
MCB 1-2022, amend filed 06/30/2022, effective 07/01/2022
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 1-1988, f. & cert. ef. 2-10-88
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0200
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-040-0005 Contract Requirements

(1) It is the responsibility of each licensed facility entering into contracts, either at need, prearrangement or preconstruction, for death care goods and services to have printed (in a minimum 10-point print) at the bottom of each contract "This facility is licensed and regulated by the Oregon Mortuary and Cemetery Board" followed immediately by the current area code and phone number of the Oregon Mortuary and Cemetery Board.

(2) Each licensed facility must ensure that all contracts (at need, prearrangement or preconstruction) for death care goods and services have the registered business name and physical location of the facility printed, in a minimum 10-point font, on the front of the contract.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.320
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97

Or. Admin. R. 830-040-0010 Inspection of Licensed Facilities or Location Where Records Are Kept: Investigations

(1) Facilities must keep their premises sanitary at all times.

(2) Every licensee must accommodate the inspector or investigator of the Board in making his or her inspections unless the licensee can clearly demonstrate that such accommodations will negatively impact the ability to provide scheduled services to consumers or that exigent circumstances exist. In such cases and upon the request of the Board, the licensee must make the reasons known to the Board in writing within ten days following the attempted inspection. When entry is refused under this section, the Board may obtain and execute warrant for inspection.

(3) No licensee or employee of a licensed facility may give false or misleading information to an inspector, investigator or any other member of the Board while investigating a possible violation of law or administrative rules.

(4) Every licensee must provide the Board inspector or investigator a copy of all documents as requested relevant to the inspection or investigation.

(5) No person, licensee, or any agent of a licensee, may interfere with any inspection or investigation conducted by an agent of the Board.

(6) The Board may inform a licensee of the nature of any complaint against the licensee that is being investigated except when the Board finds that disclosure of the potential violation would impede the effectiveness of the investigation, or that a serious danger to the public health or safety exists.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.180
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & ef. 10-21-86

Or. Admin. R. 830-040-0020 Requirements and Specifications for Preparation Rooms

(1) The preparation room must be of sufficient size to accommodate an operating or embalming table, a sink with running water and proper sewerage connections or systems, an instrument table, and a cabinet or shelves.

(2) The following is required of preparation and holding rooms:

(a) The interior of the room, all furnishings, and equipment must be finished with materials that are impervious to hazardous materials.

(b) Outside ventilation must be provided for by windows or transoms or forced air ventilation. The installation must be so arranged that it is not be a menace to public health or offensive to the public.

(c) The room must be private and the entry door must be locked at all times. The entry door must be labeled as "private" or "authorized entry only". This sign must be conspicuous and readable and must be permanently affixed to the door. The lettering on the sign must not be smaller than one inch high.

(d) All windows and exterior doors are to be screened or permanently closed and must be installed in such a manner that the room must be obstructed from view from the outside and so that fumes and odors are prevented from entering other parts of the building.

(3) The equipment for preparation rooms must include the following:

(a) An embalming table which provides suitable drainage;

(b) A covered waste can, a sink with running water and sewerage connections, disinfectants and antiseptics;

(c) A first aid emergency kit for personnel use which must contain the minimum first aid supplies as specified under the Oregon Safe Employment Act and implementing regulations; and

(d) At least one eye wash station meeting the requirements of the Oregon Safe Employment Act and implementing regulations and any additional stations as may be required under those laws.

(4) Instruments used during an embalming or other preparation must be cleaned and sterilized (either in a steam sterilizer or by chemicals) after each embalming or preparation. Instruments must be free of stains and foreign particles.

(5) The preparation room or holding room must be kept in a sanitary condition at all times.

(6) All facilities must have a mortuary or hospital refrigeration unit available which is suitable for the storage of human remains. The refrigeration unit must be in good operating condition and must be maintained in a sanitary condition at all times. The refrigeration must be no more than 45 miles from the licensed facility and must comply with all death care laws.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0205
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-040-0030 Name Registered with Board

Each licensed facility shall be registered with the State Mortuary and Cemetery Board by its true corporate, firm or individual name. In addition, one assumed business name, as registered with the Secretary of State Corporation Division, may be used by such licensed facility and shall be promptly reported to the Board.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.025
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0210
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-040-0040 Change of Ownership

(1) Prior to a change of ownership, the prospective new owner must apply to the Board for the issuance of a new license on the most current forms provided by the Board in the new owner's name. (Refer to section (4) of this rule). A funeral establishment, immediate disposition company, cemetery, crematory, or alternative disposition facility must not be operated without the appropriate license or certificate of authority to operate. The appropriate fees and disclosures must accompany the application.

(2) All licensed facilities must receive Board approval prior to the sale or change of ownership of a licensed facility and provide the Board with a full disclosure of ownership of that licensed facility including percentages of ownership.

(3) All licensed facilities must be licensed by the Board and all applications for licenses must specify the real and true names of the person(s) who own or have an interest in the business proposed to be licensed by the Board, and must be signed by such person(s) or in the case of corporations, by a duly authorized officer or agent.

(4) Licenses issued under ORS 692.146 and 692.275 are not transferable. Prior to a change of ownership, sales or purchase agreements pertaining to such must be conditioned upon the prospective new purchaser's ability to apply for and obtain the necessary license or certificate of authority to operate. All licensed or certificated facilities are subject to the inspection and approval of the Board. Before opening a new facility or continuing the operation of an existing facility under new ownership, the prospective operator or new owner must apply to the Board on the most current form provided by the Board with all ownership and, if applicable, corporate information. Prior to a transfer of ownership, the prospective new purchaser and seller must notify the Department of Consumer and Business Services, giving notice of sale to that office, and give the approximate or intended date of the change of ownership.

(5) The purchase of a controlling interest (a majority) of assets or stock of an existing licensed facility will constitute a sale or change of ownership. The person or persons who own the stock of a licensed facility is considered the ownership of the licensed facility. Any one person who owns a majority of the stock is considered an owner. When percentages of stock ownership change any person moving into a majority position must be required to submit an application on the most current form provided by the Board for change of ownership.

(6) Corporate Licenses:

(a) The corporate licensee must notify the Board in writing whenever a person intends to acquire or accumulate ownership or control of ten percent or more of any class of stock in a licensed facility, except for stock in a publicly traded corporation;

(b) Except for publicly traded corporations, the corporate licensee must notify the Board immediately in writing when there has been a change in an officer or director;

(c) The Board may disapprove a change or acquisition described in this rule for any of the grounds for which a license may be denied.

(7) Partnership licensees:

(a) For the purposes of this rule, a partnership is an association of two or more persons who carry on a business jointly and who demonstrate an intent to be treated as partners by signing a partnership agreement, or by entering into a lease or contract under a name different from their real and true names.

(b) The licensee must obtain prior written approval from the Board whenever a person intends to become a general partner in a partnership or intends to acquire or control ten percent or more of the total investment commitment in a licensed limited partnership.

(c) The licensee must notify the Board in writing whenever an existing approved partner increases or decreases his/her investment interest.

(d) The Board may disapprove a change or acquisition described in this rule for any of the grounds for which a license may be denied.

(8) Co-licensees: For purposes of this rule, whenever two or more persons intend to carry on the business jointly other than as a corporation, partnership, or other approved legal entity, they will be treated as co-licensees. Corporations, partnerships, individuals, or other legal entities may become co-licensees. If corporations or partnerships become co-licensees, they must comply with the requirements pertaining to corporate and partnership licensees.

History

Statutory/Other Authority: ORS 183.341, 183.545, 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025 & 692.160
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2009, f. & cert. ef. 7-1-09
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1993, 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0215
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-040-0050 Advertising

(1) Any licensed facility advertising through any media (including but not limited to telephone books, newspapers, direct mail, bill boards, etc.) must include the licensed facility’s registered name and physical address as it appears on the Board’s records.

(2) No person, firm or corporation may advertise, promote, or market at need or preneed funeral arrangements without first having received a license from the Board.

(3) No cemetery or cremation facility, or person, firm or corporation may advertise, promote, or market at need or preneed cemetery or cremation plans without first having received a certificate of authority to operate that cemetery or crematorium.

(4) No person, firm or corporation may advertise, promote, or market at need or preneed immediate disposition or alternative disposition arrangements without having first registered with the Board.

(5) Any advertisement or marketing materials which intentionally conceals or misstates a material fact is considered misrepresentation

(6) Whenever a funeral establishment states a price for “funeral good” or “funeral service”, as these terms are defined in the Federal Trade Commission Funeral Rule, 16 CFR 453.1, on the facility’s website, the facility must include a hyperlink to the facility’s complete General Price List for funeral goods and services in effect at that time.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.160
MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1989, f. & cert. ef. 2-6-89
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0220
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-040-0060 Listing of Employees — Name

(1) All licensed facilities shall report to the Board, on a form provided for such purpose, a complete list of all licensed employees (full-time, part-time, and licensed independent contractors) at the time of renewal of license.

(2) Any listing of names of licensed employees of a licensed facility in connection with that facility shall use the facility's registered name as it appears on the Board's records.

History

Statutory/Other Authority: ORS 692.160 & 692.320
Statutes/Other Implemented: ORS 692.025
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0225
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-040-0070 Multiple Establishments at Single Location

The following criteria shall apply to the operation of more than one funeral establishment at a single location:

(1) One or more of the establishments shall give prompt written notice to the Board of the commencement of the use of the single location and shall give such further notice thereof as the Board deems reasonable in the circumstances to apprise interested persons thereof.

(2) For purposes of funeral establishment inspection sheets, each of the establishments shall be considered as if they constituted a single establishment.

(3) In issuing a license to each establishment, the other establishments shall be named as associated therewith.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.025 & 692.180
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0230
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 1-1979, f. & cert. ef. 2-21-79
FDB 1-1978, f. & cert. ef. 6-30-78

Or. Admin. R. 830-040-0080 Rental Cover

Where an establishment offers an outside cover for reuse which is to be used in conjunction with a burial or cremation container, the items shall be represented as separate and distinct items. The “cover” is defined as a partial enclosure which appears similar to a casket.

History

Statutory/Other Authority: ORS 692.320
Statutes/Other Implemented: ORS 692.320
MCB 1-1986, f. & ef. 10-21-86, Renumbered from 830-010-0235
SMB 1-1984, f. & ef. 10-22-84
FDB 1-1979, f. & ef. 2-21-79
FDB 1-1978, f. & ef. 6-30-78

Or. Admin. R. 830-040-0090 Reimbursement for Cost of Services Performed and Supplies Provided for Disposition of Unclaimed Indigent Bodies

(1) A licensed funeral establishment, hereafter referred to as claimant, shall submit to the Oregon Mortuary & Cemetery Board (OMCB) an itemized statement of expenses for services performed and supplies provided for disposition of unclaimed indigent bodies. For the purpose of this section, “funeral establishment” also includes immediate disposition companies and persons acting as funeral service practitioners as defined in ORS 432.

(a) Claims must be submitted to the OMCB within 90 days of final disposition of the decedent, except in cases where application to other state or federal agencies has been made and decision is pending;

(b) In cases where application for reimbursement for cost of services performed and supplies provided has been denied by other state or federal agency, claimant may submit application for reimbursement to OMCB within 30 days of denial by other state or federal agency.

(2) Each itemized statement shall be accompanied by the claimant’s certification that services for which reimbursement is claimed were in accordance with stipulations in ORS 97.170.

(3) The OMCB shall make the Form FS 23-154 or similar document containing all pertinent information available at its office and on its website.

(4) The OMCB shall disburse funds to eligible claimants upon receipt and verification of a claim.

(a) In accordance with ORS 413.825, the maximum reimbursement will equal the invoice amount or the currently published annual reimbursement rate, whichever is less; and

(b) The claimant must be current on all invoiced filing fees.

(c) If the fund amount at the close of the accounting period is insufficient to pay the eligible claims for the month, the OMCB pay the claims using the collected funds referenced in ORS 413.825(1).

(d) If the fund amount at the close of the accounting period exceeds the total amount of claimants’ itemized statements or the maximum per claim, the remaining funds will carry forward to the next accounting period and be made available to pay future claims up to the allowable maximum reimbursement or to repay the funds borrowed from the OMCB.

(5) Fraudulent submission of Form 23-154 or similar document will result in penalties set forth in ORS 692.180.

(6) An eligible reimbursement claim must include all expenses related to the case, and must include documentation of any reimbursement, in all or part, by any entity or person already made at time of filing. If a claimant receives payment from any other entity or person after a claim is filed, the claimant must:

(a) Amend the claim, if not yet paid;

(b) If already paid, the claimant must submit a reimbursement form and accompanying payment to the fund within 90 days of receiving any amount from any other entity or person.

(7) In accordance with ORS 413.825(2), the OMCB shall set the annual reimbursement rate at the beginning of each biennium with an annual adjustment based on historical data and mortality projections. The reimbursement rate must be published by the OMCB on or before June 30, which becomes effective July 1 of each year.

History

Statutory/Other Authority: ORS 97.170
Statutes/Other Implemented: ORS 97.170
MCB 5-2017, f. 7-13-17, cert. ef. 8-1-17
Renumbered from 333-012-0500 by MCB 3-2015, f. 12-31-15, cert. ef. 1-1-16
PH 1-2010, f. & cert. ef. 1-14-10
PH 7-2009(Temp), f. & cert. ef. 7-20-09 thru 1-15-10
HD 2-1994, f. & cert. ef. 1-12-94
HD 14-1993(Temp), f. 10-14-93, cert. ef. 10-15-93

Or. Admin. R. 830-040-0095 Lists Maintained by the Oregon Mortuary & Cemetery Board

(1) Pursuant to ORS 97.190, the Board will maintain a list of person or persons authorized to grant consent for an exception to the moratorium on post mortem examination of bodies under ORS 97.170, as well as instructions for requesting the exception.

(2) Pursuit to ORS 97.170(2) and (3)(G)(b), the Board will maintain a list of institutions that may accept or process bodies for education or research purposes. The Board will also provide information on how to contact these institutions. The Board may alternately name a person or persons to whom maintaining this list is delegated.

History

Statutory/Other Authority: 2015 HB 3243
Statutes/Other Implemented: 2015 HB 3243
MCB 3-2015, f. 12-31-15, cert. ef. 1-1-16

Division 50 UNPROFESSIONAL CONDUCT

Or. Admin. R. 830-050-0000 Failure to Comply with Rules

(1) Failure to comply with ORS Chapter 692 and these rules shall be considered unprofessional conduct.

(2) It is considered unprofessional conduct for any person or licensee to directly or indirectly cause any other person or licensee to be in violation of any section of applicable rule or law.

History

Statutory/Other Authority: ORS 183.341 & 692.320
Statutes/Other Implemented: ORS 692.320
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93
MCB 1-1986, f. & cert. ef. 10-21-86, Renumbered from 830-010-0250
SMB 1-1984, f. & cert. ef. 10-22-84
FDB 13, f. 9-9-74, cert. ef. 3-1-75

Or. Admin. R. 830-050-0050 Cause for Disciplinary Action

The following circumstances may be considered grounds for reprimand, assessment of civil penalty, or refusal to grant, refusal to renew, revocation, or suspension of an applicant's or a licensee's license, certificate, or registration.

(1) Conviction of a crime whose facts and circumstances have a demonstrable bearing upon the standards of the profession.

(2) Inability to appropriately conduct duties for which license or registration was issued.

(3) Disciplinary action by Oregon or another state against a person or a personal, professional or business license, including but not limited to a death care industry license, where the conduct upon which the disciplinary action was based bears a demonstrable relationship to death care industry practices or operations.

(4) Violating any provision of ORS Chapter 692, or any rule adopted by the Board, a Board Order, or failing to comply with a Board request.

(5) Directly or indirectly causing any person or licensee to be in violation of any section of applicable law related to the death care industry.

(6) Allowing an unlicensed, uncertificated or non-registered individual to perform the duties of licensed individuals including but not limited to, making arrangements with consumers, making preneed arrangements, assisting with embalmings, etc.

History

Statutory/Other Authority: ORS 692.320 & ORS 97.931
Statutes/Other Implemented: ORS 97.931, 692.180 & 692.320
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02
MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02
MCB 1-1998, f. & cert. ef. 6-22-98
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93

Division 60 DEATH CARE CONSULTANTS LICENSURE, EXAMINATION AND SCOPE OF PRACTICE

Or. Admin. R. 830-060-0010 Initial Applications, Background, Examination, License Renewal

(1) Any individual who practices as a death care consultant must be licensed under this chapter.

(a) This chapter does not apply to persons who provide general information on funeral or final disposition arrangements via education classes or workshops, publications (printed or electronic materials) or speaking engagements or to persons who practice law under ORS Chapter 9.160.

(b) The Board shall not take action against an individual for practicing without a death care consultant license based on conduct that occurs before the Board distributes the results of the first death care consultant examination administered by the Board if the individual had submitted a license application before the exam and the individual pays the appropriate fees and sits for the first death care consultant examination administered by the Board.

(2) Application Requirements:

(a) Applicants for licensure as a death care consultant must apply on the most current application form available at the time the applicant submits the application. Applicants may obtain the most current application via the Board’s website, at the Board’s office, or request the Board send the application by mail.

(b) Applicants for licensure as a death care consultant must pay all appropriate fees established by the Board under OAR 830-020-0040.

(c) Applicants for licensure as a death care consultant are, prior to licensure, required to successfully complete a written examination established by the Board, and receive a score of not less than 75 percent, based on the total number of questions.

(d) Applicants for licensure, prior to completing the written examination for death care consultant licensure, must be at least 18 years old.

(e) All applicants for licensure as a death care consultant licensure must submit to a background investigation pursuant to OAR 830-011-0050 and ORS 692.025(8).

(3) Examinations:

(a) All applications for death care consultant examination, accompanied by the examination fee established under OAR 830-020-0040, must be received in the office of the Board at least 14 days before the examination is held, or be postmarked before midnight of that date.

(b) The examination fee will not be returned to an applicant/examinee once the examination begins.

(c) If an applicant for a death care consultant’s license fails to successfully complete the examination, that person may retake the examination the next time it is given upon payment of the full examination fee. The examination fee must be received in the office of the Board at least 14 days before the examination is given.

(d) The examinations for death care consultants shall be given at least twice each year.

(e) Examination results will be distributed within 30 days after the examination.

(f) Examination questions and answers are not reviewable by examinee pursuant to the Public Records Act, ORS Chapter 162.

(4) Renewing Licenses, Lapsed Licenses

(a) All death care consultant licenses issued will expire two years from the date of licensure unless renewed as provided in this section.

(b) It is the responsibility of the death care consultant to keep the Board’s office advised, in writing, of any address changes within 30 days of the change.

(c) At least sixty (60) days prior to the expiration of the death care consultant’s two-year license, the Board will mail to the licensed death care consultant a form stating that the renewal fee is due and payable. The renewal notice will be mailed to the most current address filed with the Board by the death care consultant. If the renewal form is not returned and the renewal fee is not paid by the renewal date the license will lapse.

(d) Upon lapse of a death care consultant license, the Board will send notice of the lapse to the most current address filed with the Board by the death care consultant.

(e) The Board may reinstate a lapsed license if the death care consultant applies for reinstatement on a form provided by the Board not later than the 90th day after the lapse and pays the renewal fee as well as the reinstatement fee established in OAR 830-020-0040.

History

Statutory/Other Authority: ORS 692.143, 692.320 & 2009 SB 796
Statutes/Other Implemented: ORS 692.025, 692.143, 692.160 & 692.170
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10

Or. Admin. R. 830-060-0020 Death Care Consultant Scope of Practice, Records, Price List, General

(1) A death care consultant may provide information or advice on matters related to funeral or final disposition arrangements including those matters subject to State or Federal regulatory requirements.

(2) Death care consultants may not provide any direct physical assistance with, or supervision of, the handling of the remains unless the individual also holds the proper license or licenses under this chapter and ORS 692.

(3) Death care consultants shall maintain legible permanent records of all transactions or contracts for services provided including, at a minimum, the following information:

(a) The name, address and telephone number of the person acting as the funeral service practitioner

(b) The name, address and telephone number of the person having the right to control final disposition of the remains pursuant to ORS 97.130

(d) The physical location or locations the consultation services are provided

(4) Death care consultants shall maintain a general price list of all consultation services offered for sale. The death care consultant must give the general price list to any consumer, for their retention, before entering into discussions about consultation services. The general price list must contain, at a minimum, the following information:

(a) The death care consultant’s name and, if applicable, their business name as registered with the Secretary of State Corporation Division

(b) The effective date of the price list

(d) On the first page of the price list, in prominent type, the death care consultant’s license number must be printed in the following format: “Oregon Mortuary and Cemetery Board License No. DC-_ _ _ _”

(5) A death care consultant may practice under any lawful business title not otherwise protected by law, as long as they indicate proper licensure on the general price list.

(6) Death care consultant permanent records and price lists shall be submitted to the Board upon request for inspection or investigation.

History

Statutory/Other Authority: ORS 692.025, 692.143, 692.320, 692.160 & 692.170
Statutes/Other Implemented: ORS 692.160
MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10
MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10

OAR Chapter 830 — Mortuary and Cemetery Board

Division 1 PROCEDURAL RULES

Or. Admin. R. 830-001-0000 Model Rules of Procedure and Notice of Proposed Rulemaking

Division 11 GENERAL INFORMATION

Or. Admin. R. 830-011-0000 Definitions

Or. Admin. R. 830-011-0010 Employees, Meetings, Officers of the Board

Or. Admin. R. 830-011-0020 Trainee (Apprenticeship) — Generally

Or. Admin. R. 830-011-0040 Completion of Funeral Service Practitioner and Embalmer Apprenticeship and Examination

Or. Admin. R. 830-011-0050 Background Investigation Required Prior to Oregon Licensure

Or. Admin. R. 830-011-0065 Temporary Burial Permit

Or. Admin. R. 830-011-0070 Registration of Preneed Salespersons and Endowment Care Cemetery Salespersons

Or. Admin. R. 830-011-0080 Grounds for Civil Penalty, Revocation, Suspension or Refusal to Issue or Renew a Preneed Salespersons Registration

Division 20 EXAMINATION AND LICENSURE

Or. Admin. R. 830-020-0000 Applications and Examinations for Funeral Service Practitioner and Embalmer Licenses

Or. Admin. R. 830-020-0010 License Fee Due After Examination

Or. Admin. R. 830-020-0015 Disaster Mutual Aid Agreement

Or. Admin. R. 830-020-0020 Funeral Service Practitioner and Embalmer Licenses; Mili-tary Leave

Or. Admin. R. 830-020-0030 Reciprocal Licensure

Or. Admin. R. 830-020-0040 License, Certificate and Registration Fees

Or. Admin. R. 830-020-0050 Administrative Fees

Division 30 ALTERNATIVE DISPOSITION FACILITY AUTHORITIES, IDENTIFYING METAL DISC, DUTIES OF CEMETERY AUTHORITIES AND CREMATORY AUTHORITIES, SCOPE OF PRACTICE AND LICENSE, CARING FOR HUMAN AND CREMATED REMAINS

Or. Admin. R. 830-030-0000 In General

Or. Admin. R. 830-030-0004 Scope of Practice

Or. Admin. R. 830-030-0008 Scope of License

Or. Admin. R. 830-030-0010 Care of Human Remains

Or. Admin. R. 830-030-0030 Removal and Identification of Human Remains

Or. Admin. R. 830-030-0040 Holding Human Remains for Cremation and Cremation of Human Remains

Or. Admin. R. 830-030-0050 Processing of Cremated Remains

Or. Admin. R. 830-030-0060 Rules for Transportation of Human Remains (Does Not Include Removal of Deceased from Place of Death to Funeral Establishment, Cemetery, Crematory or Other Holding Facility)

Or. Admin. R. 830-030-0070 Transportation and Care of Persons Who Have Died of or With Communicable Diseases

Or. Admin. R. 830-030-0080 Requirements for the Holding of Funerals

Or. Admin. R. 830-030-0090 Standards of Practice

Or. Admin. R. 830-030-0100 Misleading Business Practices

Division 40 RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT

Or. Admin. R. 830-040-0000 General Principles

Or. Admin. R. 830-040-0005 Contract Requirements

Or. Admin. R. 830-040-0010 Inspection of Licensed Facilities or Location Where Records Are Kept: Investigations

Or. Admin. R. 830-040-0020 Requirements and Specifications for Preparation Rooms

Or. Admin. R. 830-040-0030 Name Registered with Board

Or. Admin. R. 830-040-0040 Change of Ownership

Or. Admin. R. 830-040-0050 Advertising

Or. Admin. R. 830-040-0060 Listing of Employees — Name

Or. Admin. R. 830-040-0070 Multiple Establishments at Single Location

Or. Admin. R. 830-040-0080 Rental Cover

Or. Admin. R. 830-040-0090 Reimbursement for Cost of Services Performed and Supplies Provided for Disposition of Unclaimed Indigent Bodies

Or. Admin. R. 830-040-0095 Lists Maintained by the Oregon Mortuary & Cemetery Board

Division 50 UNPROFESSIONAL CONDUCT

Or. Admin. R. 830-050-0000 Failure to Comply with Rules

Or. Admin. R. 830-050-0050 Cause for Disciplinary Action

Division 60 DEATH CARE CONSULTANTS LICENSURE, EXAMINATION AND SCOPE OF PRACTICE

Or. Admin. R. 830-060-0010 Initial Applications, Background, Examination, License Renewal

Or. Admin. R. 830-060-0020 Death Care Consultant Scope of Practice, Records, Price List, General

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