justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 183.341, 183.545 & 692.320 Statutes/Other Implemented: ORS 692.025 & 692.275 History: 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
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). Statutory/Other Authority: ORS 183.341, 183.545 & 692.160 Statutes/Other Implemented: ORS 432.317 & 692.025 History: 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
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; (c) Hepatitis B; (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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 183.341, 183.545, 692.160 & 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.025 & 692.180 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.320 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.180 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.160 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.025 & 692.180 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.320 History: 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
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. Statutory/Other Authority: 2015 HB 3243 Statutes/Other Implemented: 2015 HB 3243 History: MCB 3-2015, f. 12-31-15, cert. ef. 1-1-16
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. Statutory/Other Authority: ORS 183.341 & 692.320 Statutes/Other Implemented: ORS 692.320 History: 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
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. Statutory/Other Authority: ORS 692.320 & ORS 97.931 Statutes/Other Implemented: ORS 97.931, 692.180 & 692.320 History: 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