justicedao/ipfs_state_laws huggingface dataset:
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. 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 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
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. Statutory/Other Authority: ORS 692.025 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 97.931 Statutes/Other Implemented: ORS 97.931 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 1-2002, 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
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. Statutory/Other Authority: ORS 97.931 & 692.320 Statutes/Other Implemented: ORS 97.931 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 1-1994, f. 6-28-94, cert. ef. 8-1-94
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. 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 History: 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
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.148 & 692.160 History: 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
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. Statutory/Other Authority: ORS 183.341 & 692.320 Statutes/Other Implemented: ORS 692.320 History: MCB 1-1998, f. & cert. ef. 6-22-98 MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.190 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 692.160 History: 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
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. Statutory/Other Authority: ORS 692.320 & 2015 HB 2471 Statutes/Other Implemented: ORS 692.025 & 2015 HB 2471 History: 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
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 (c) Offer viewing of human remains. (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. Statutory/Other Authority: ORS 183.341 & 692.320 Statutes/Other Implemented: ORS 692.025 History: 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
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. Statutory/Other Authority: ORS 692.160 & 692.320 Statutes/Other Implemented: ORS 97.130 & 692.025 History: 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
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; (c) Place 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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.405 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 1-1986, f. & ef. 10-21-86
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. Statutory/Other Authority: ORS 692.320 Statutes/Other Implemented: ORS 692.025, 692.275 & 692.405 History: 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