justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 97 — Rights

ORS 97.961. Refusal to make anatomical gift; effect of refusal. (1) An individual may refuse to make an anatomical gift of the individuals body or body part by: (a) A record signed by: (A) The individual; or (B) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physically unable to sign; (b) The individuals will, whether or not the will is admitted to probate or invalidated after the individuals death; or (c) Any form of communication made by the individual during the individuals terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness. (2) A record signed under subsection (1)(a)(B) of this section must: (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and (b) State that it has been signed and witnessed as provided in this subsection. (3) An individual who has made a refusal may amend or revoke the refusal: (a) In the manner provided in subsection (1) of this section for making a refusal; (b) By subsequently making an anatomical gift pursuant to ORS 97.957 that is inconsistent with the refusal; or (c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, provided that the destruction or cancellation is done with the intent to revoke the refusal. (4) Except as otherwise provided in subsection (5) of this section, in the absence of an express, contrary indication by the individual set forth in the refusal, an individuals unrevoked refusal to make an anatomical gift of the individuals body or body part prohibits all other persons from making an anatomical gift of the individuals body or body part. (5) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minors refusal. [2007 c.681 6; 2009 c.106 3] Note: See note under
ORS Chapter 97 — Rights

ORS 97.963. transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the following order: (a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS 97.955 (2)(b) immediately before the decedents death; (b) The spouse of the decedent; (c) An adult child of the decedent; (d) A parent of the decedent; (e) An adult sibling of the decedent; (f) An adult grandchild of the decedent; (g) A grandparent of the decedent; (h) An adult who exhibited special care and concern for the decedent; (i) A guardian of the decedent at the time of death; or (j) Any other person having the authority to dispose of the decedents body. (2) If there is more than one member of a class listed in subsection (1) of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under ORS 97.969 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (3) A person may not make an anatomical gift if, at the time of the decedents death, a person in a prior class under subsection (1) of this section is reasonably available to make or to object to the making of an anatomical gift. [2007 c.681 8] Note: See note under
ORS Chapter 97 — Rights

ORS 97.965. Persons authorized to make anatomical gift of body or body part of decedent. (1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS 97.961 or
ORS Chapter 97 — Rights

ORS 97.967. Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person. (1) A person authorized to make an anatomical gift under ORS 97.965 may make an anatomical gift by a document of gift signed by the person making the gift or by that persons oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under ORS 97.965 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under ORS 97.965 may be: (a) Amended only if a majority of the reasonably available members agree to amendment of the gift; or (b) Revoked only if a majority of the reasonably available members agree to the revocation of the gift or if they are equally divided as to whether to revoke the gift. (3) A revocation under subsection (2) of this section is effective only if, before an incision has been made to remove a body part from the donors body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation. [2007 c.681 9] Note: See note under
ORS Chapter 97 — Rights

ORS 97.968. [Formerly 97.300; renumbered 97.985 in 2007]
ORS Chapter 97 — Rights

ORS 97.970. Search for document of anatomical gift or refusal; duty to send document or refusal to hospital. (1) The following persons shall make a reasonable search of an individual who the persons reasonably believe is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (a) A law enforcement officer, firefighter, emergency medical services provider or other emergency rescuer finding the individual; and (b) If no other source of the information is immediately available, a hospital, as soon as practicable after the individuals arrival at the hospital. (2) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (1)(a) of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or the refusal to the hospital. (3) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions. [2007 c.681 11; 2011 c.703 22] Note: See note under
ORS Chapter 97 — Rights

ORS 97.971. Delivery of document of gift or refusal not required; right to examine. (1) A document of gift need not be delivered during the donors lifetime to be effective. (2) Upon or after an individuals death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or the refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to whom the gift could pass under ORS
ORS Chapter 97 — Rights

ORS 97.973. Coordination of procurement and use of anatomical gifts. Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. [2007 c.681 14] Note: See note under
ORS Chapter 97 — Rights

ORS 97.974. Immunity of persons acting in accordance with ORS 97.951 to 97.982. (1) A person who acts in accordance with ORS 97.951 to 97.982 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding. (2) Neither the person making an anatomical gift nor the donors estate is liable for any injury or damage that results from the making or use of the gift. (3) In determining whether an anatomical gift has been made, amended or revoked under ORS 97.951 to 97.982, a person may rely upon representations of an individual listed in ORS 97.965 (1)(b), (c), (d), (e), (f), (g) or (h) relating to the individuals relationship to the donor or prospective donor unless the person knows that the representation is untrue. [2007 c.681 15] Note: See note under
ORS Chapter 97 — Rights

ORS 97.975. [Formerly 97.930; renumbered 97.987 in 2007]
ORS Chapter 97 — Rights

ORS 97.976. Law governing validity of document of gift; presumption of validity. (1) A document of gift is valid if executed in accordance with: (a) ORS 97.951 to 97.982; (b) The laws of the state or country where it was executed; or (c) The laws of the state or country where the person making the anatomical gift was domiciled, had a place of residence or was a national at the time the document of gift was executed. (2) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift. (3) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. [2007 c.681 16] Note: See note under
ORS Chapter 97 — Rights

ORS 97.977. Donor registry; duty of Department of Transportation to cooperate with donor registry. (1)(a) The Oregon Health Authority may allow an organ procurement organization to establish a donor registry. (b) Only one donor registry may be established within this state. (c) The donor registry shall comply with subsections (3) and (4) of this section. (2) The Department of Transportation shall: (a) Cooperate with a person who administers the donor registry established under subsection (1) of this section for the purpose of transferring to the donor registry all relevant information regarding a donors making, amending or revoking an anatomical gift. (b) When requested by the organ procurement organization that has established the donor registry in this state, the department shall electronically transfer to the organ procurement organization the name, address, birthdate and donor designation listed on the driver license or identification card of a person designated as a donor. The organ procurement organization shall treat the information transferred from the department as confidential and may use the information only to expedite the making of anatomical gifts authorized by the donor. (3) The donor registry must: (a) Allow a donor or other person authorized under ORS 97.955 to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift; (b) Be accessible to a procurement organization to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and (c) Be accessible for purposes of this subsection seven days a week on a 24-hour basis. (4) Personally identifiable information on the donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person who made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift. [2007 c.681 17; 2009 c.595 64] Note: See note under
ORS Chapter 97 — Rights

ORS 97.978. Resolution of conflict between potential anatomical gift and advance directive. (1) As used in this section: (a) Advance directive has the meaning given that term in ORS 127.505. (b) Declaration means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. (c) Health care decision means any decision regarding the health care of a prospective donor. (2) If a prospective donor has a declaration or advance directive and the terms of the declaration or advance directive and the express or implied terms of a potential anatomical gift are in conflict regarding administration of measures necessary to ensure the medical suitability of a body part for transplantation, therapy, research or education, the prospective donor and the prospective donors attending physician shall confer to resolve the conflict. (3) If the prospective donor is incapable of resolving the conflict, one of the following persons shall act for the prospective donor to resolve the conflict: (a) An agent acting under the prospective donors declaration or advance directive; or (b) If an agent is not named in the declaration or advance directive or the agent is not reasonably available, another person authorized by law, other than in ORS 97.951 to 97.982, to make health care decisions for the prospective donor. (4) The conflict must be resolved as expeditiously as possible. (5) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any person authorized under ORS 97.965 to make an anatomical gift for the prospective donor. (6) During the resolution of the conflict, measures necessary to ensure the medical suitability of the body part may not be withheld or withdrawn from the prospective donor unless withholding or withdrawing the measures is medically indicated by appropriate end of life care. [2007 c.681 18] Note: See note under
ORS Chapter 97 — Rights

ORS 97.979. Cooperation between medical examiner and procurement organization. (1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (2) Subject to ORS 97.980, if a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a post-mortem examination is going to be performed, the medical examiner or designee shall conduct a post-mortem examination of the body or the body part in a manner and within a period compatible with its preservation for the purposes of the gift. (3) A body part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research or education unless the body part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a medical examiner from performing the medicolegal investigation upon the body or body parts of a decedent under the jurisdiction of the medical examiner. [2007 c.681 19] Note: See note under
ORS Chapter 97 — Rights

ORS 97.981. Purchase or sale of body parts prohibited. (1) Except as otherwise provided in subsection (3) of this section, a person commits the crime of purchase or sale of a body part for transplantation or therapy if the person, for valuable consideration, knowingly purchases or sells a body part for transplantation or therapy if removal of the body part from an individual is intended to occur after the individuals death. (2) Purchase or sale of a body part for transplantation or therapy is a Class C felony. (3) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a body part. [2007 c.681 21] Note: See note under
ORS Chapter 97 — Rights

ORS 97.982. Alteration of document of anatomical gift prohibited. (1) A person commits the crime of alteration of a document of gift if the person, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal. (2) Alteration of a document of gift is a Class C felony. [2007 c.681 22] Note: See note under
ORS Chapter 97 — Rights

ORS 97.983. Relation to Electronic Signatures in Global and National Commerce Act. The provisions of ORS 97.951 to 97.982 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(a) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7003(b) as in effect January 1, 2008. [2007 c.681 23] Note:
ORS Chapter 97 — Rights

ORS 97.984. Liability of executor who carries out anatomical gift. A person named executor who carries out an anatomical gift of the testator made under the provisions of ORS 97.957 before issuance of letters testamentary or under a will which is not admitted to probate shall not be liable to the surviving spouse or next of kin for performing acts necessary to carry out the gift of the testator. [Formerly 97.966]
ORS Chapter 97 — Rights

ORS 97.985. Transplants not covered by implied warranty. (1) The procuring, processing, furnishing, distributing, administering or using of any part of a human body for the purpose of injecting, transfusing or transplanting that part into a human body is not a sales transaction covered by an implied warranty under the Uniform Commercial Code or otherwise. (2) As used in this section, part means organs or parts of organs, tissues, eyes or parts of eyes, bones, arteries, blood, other fluids and any other portions of a human body. [Formerly 97.968] FEDERAL AID FOR CEMETERIES
ORS Chapter 97 — Rights

ORS 97.987. Department of Transportation use of federal moneys for cemetery care. (1) In addition to any other duties of the Department of Transportation, the department may apply for, accept and expend, use or dispose of moneys and property received from the federal government for the purpose of establishing any program of restoration, care, maintenance and preservation of cemeteries. The department shall administer any funds received pursuant to this section in accordance with the conditions established by the federal government. (2) In carrying out the provisions of subsection (1) of this section the Department of Transportation may contract or consult with any nonprofit corporation established for the purpose of promoting cemetery care and maintenance. [Formerly
ORS Chapter 97 — Rights

ORS 97.990. Penalties. (1) Violation of ORS 97.160 is a Class A misdemeanor. (2) Every officer, agent or employee of this state or of any county, city or any other municipal subdivision thereof who willfully neglects to notify the State Mortuary and Cemetery Board of the existence of a body as required by ORS
ORS Chapter 97 — Rights

ORS 97.992. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 97 — Rights

ORS 97.994. (7) If a certified provider who sold a prearrangement sales contract does not comply with the terms of the prearrangement sales contract within a reasonable time after the certified provider is required to do so, the purchaser or heirs or assigns or duly authorized representative of the purchaser or the beneficiary has the right to a refund in the amount equal to the sales price paid for undelivered merchandise and unperformed services plus undistributed earnings amounts held in trust attributable to such contract, within 30 days of the filing of a sworn affidavit with the certified provider who sold the contract and the master trustee or the depository setting forth the existence of the contract and the fact of breach. A copy of this affidavit shall be filed with the Director of the Department of Consumer and Business Services. In the event a certified provider who has sold a prearrangement sales contract is prevented from performing by strike, shortage of materials, civil disorder, natural disaster or any like occurrence beyond the control of the certified provider, the certified providers time for performance is extended by the length of such delay. (8) Except for an irrevocable contract described in ORS 97.939 (4), at any time prior to the death of the beneficiary of a prearrangement sales contract, the purchaser of the prearrangement sales contract may cancel the contract and is entitled to a refund of all amounts paid on the contract, all amounts in trust including earnings allocated to the contract that are in excess of all amounts paid on the contract and unallocated earnings on trust contract amounts from the date of the last allocation to the date of the refund request, less any amounts paid for merchandise already delivered or services already performed, which amounts may be retained by the certified provider as compensation. (9) Notwithstanding ORS 97.941 (4) and subsection (5) of this section, a master trustee or certified provider may pay accounting fees, taxes, depository fees, investment manager fees and master trustee fees from earnings of trust fund deposits. Any payment of expenses or fees from earnings of a trust fund deposit under this subsection must not: (a) Exceed an amount equal to two percent per calendar year of the value of the trust as determined at least once every six months as prescribed by the director by rule; (b) Include the payment of any fee to the certified provider in consideration for services rendered as certified provider; or (c) Reduce, diminish or in any other way lessen the value of the trust fund deposit so that the merchandise or services provided for under the contract are reduced, diminished or in any other way lessened. [Formerly 128.425; 2005 c.66 1; 2007 c.661 20; 2012 c.7 10; 2013 c.366 53] Note: See note under
ORS Chapter 101 — Continuing Care Retirement

ORS 101.010. Policy. The Legislative Assembly finds that continuing care retirement communities are an important and necessary alternative for the long term residential, social and health maintenance needs for many of Oregons senior citizens. The Legislative Assembly recognizes the need for disclosure with respect to the terms of agreements between residents, prospective residents and the provider. The Legislative Assembly also recognizes the need to establish reserves and escrow requirements to provide adequate standards for the development and operation of continuing care retirement communities. Accordingly, the Legislative Assembly has determined that these providers should be registered and should establish reserves and escrows in accordance with this chapter.
ORS Chapter 101 — Continuing Care Retirement

ORS 101.020. Definitions. As used in this chapter: (1) Affiliated organization means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity: (a) That is the lessor of the real property on which the facilities of the provider are situated; (b) That a provider has identified in its disclosure statement pursuant to ORS