reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0040 - License, Certificate and Registration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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
(c) Change of principal - $50 per
			 licensed facility;
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 20 - EXAMINATION AND LICENSURE › Section 830-020-0050 - Administrative Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 692.160 & 692.320
Stats. Implemented: ORS 692.160
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0000 - In General

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0004 - Scope of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0008 - Scope of License

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0010 - Care of Human Remains

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0030 - Removal and Identification of Human Remains

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0040 - Holding Human Remains for Cremation and Cremation of Human Remains

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0050 - Processing of Cremated Remains

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183.341, 183.545 & 692.320
Stats. Implemented: ORS 692.025 & 692.275
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 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)

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.: ORS 183.341, 183.545 & 692.160
Stats. Implemented: ORS 432.317 & 692.025
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0070 - Transportation and Care of Persons Who Have Died of or With Communicable Diseases

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0080 - Requirements for the Holding of Funerals

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.341, 183.545, 692.160 &
							692.320
Stats. Implemented: ORS
							692.025
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0090 - Standards of Practice

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › 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 › Section 830-030-0100 - Misleading Business Practices

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.025 & 692.180
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0005 - Contract Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0010 - Inspection of Licensed Facilities or Location Where Records Are Kept: Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 692.160 & 692.320
Stats. Implemented: ORS 692.180
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0020 - Requirements and Specifications for Preparation Rooms

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0030 - Name Registered with Board

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.025
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0050 - Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 692.160 & 692.320
Stats. Implemented: ORS 692.160
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0060 - Listing of Employees - Name

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 692.160 & 692.320
Stats. Implemented: ORS 692.025
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0070 - Multiple Establishments at Single Location

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.025 & 692.180
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0080 - Rental Cover

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 692.320
Stats. Implemented: ORS 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0090 - Reimbursement for Cost of Services Performed and Supplies Provided for Disposition of Unclaimed Indigent Bodies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 40 - RESPONSIBILITIES OF LICENSED FACILITIES, INSPECTIONS, PREPARATION ROOM REQUIREMENTS, OWNERSHIP CHANGES, AND INDIGENT DISPOSITION REIMBURSEMENT › Section 830-040-0095 - Lists Maintained by the Oregon Mortuary & Cemetery Board

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: 2015 HB 3243
Stats. Implemented: 2015 HB
				  3243
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 50 - UNPROFESSIONAL CONDUCT › Section 830-050-0000 - Failure to Comply with Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.341 & ORS 692.320
Stats. Implemented: ORS 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 50 - UNPROFESSIONAL CONDUCT › Section 830-050-0050 - Cause for Disciplinary Action

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 692.320 & ORS 97.931
Stats. Implemented: ORS 97.931, 692.180 & 692.320
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 60 - DEATH CARE CONSULTANTS LICENSURE, EXAMINATION AND SCOPE OF PRACTICE › Section 830-060-0010 - Initial Applications, Background, Examination, License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 830 - MORTUARY AND CEMETERY BOARD › Division 60 - DEATH CARE CONSULTANTS LICENSURE, EXAMINATION AND SCOPE OF PRACTICE › Section 830-060-0020 - Death Care Consultant Scope of Practice, Records, Price List, General

Current through Register Vol. 63, No. 7, July 1, 2024
(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
(c) The date or dates the consultation services are provided
(d) The physical location or locations the consultation services are provided
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 1 - PROCEDURAL › Section 833-001-0000 - Notice of Proposed Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				Board of Licensed Professional Counselors and Therapists must:
(1) Publish notice of the adoption,
			 amendment, or repeal in the Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date.
(2) Deliver
			 by electronic or postal mail such notice to persons on the Board of Licensed
			 Professional Counselors and Therapists mailing list established pursuant to ORS
			 183.335(1)(c),
			 and deliver by electronic mail to the legislators specified in 183.335(1)(d) at
			 least 49 days before the effective date of the rule.
(3) Deliver by electronic mail such notice to
			 the following:
(a) United Press International
			 and Associated Press;
(b) Oregon
			 Counseling Association;
(c) Oregon
			 Chapter of the American Association of Marriage and Family Therapists; and
(d) Oregon college and university
			 departments offering graduate degrees in counseling and marriage and family
			 therapy.
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 1 - PROCEDURAL › Section 833-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The Board adopts the Attorney General's Model Rules of
				Procedure, OAR Chapter 137, Divisions 1 through 5, as its rules of procedure
				under the Administrative Procedures Act.
Statutory/Other Authority: ORS
				  675.785,
				  ORS
				  36.224,
				  ORS
				  183.341  & ORS
				  183.502
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 1 - PROCEDURAL › Section 833-001-0010 - Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements stated in OAR
				137-003-0000 of the Attorney General's Model Rules of Procedure adopted by
				833-001-0005,
				the notice to parties in contested cases may include a statement that an answer
				to the assertions or charges will be required, and if so, the consequence of
				failure to answer. A statement of the consequences of failure to answer may be
				satisfied by enclosing a copy of
				833-001-0015 with the notice.
Stat. Auth.: ORS 675
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 1 - PROCEDURAL › Section 833-001-0015 - Hearing Request and Answers; Consequences of Failure to Answer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A hearing
			 request must be made in writing to the Board by the party or the party's
			 attorney within 21 calendar days after the date the notice was
			 issued.
(2) If an answer is
			 required, it must be made in writing to the Board by the party or the party's
			 attorney within 21 calendar days after the date the notice was issued and must
			 include the following:
(a) An admission or
			 denial of each factual matter alleged in the notice;
(b) A short and plain statement of each
			 relevant affirmative defense the party may have.
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 1 - PROCEDURAL › Section 833-001-0020 - Obtaining Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board will provide the following information to members of the public in
			 response to in-person or telephone inquiries regarding a particular applicant,
			 registered associate, or licensee: name, license/registration number, date
			 licensed/registered, if license/registration is active or expired, business
			 address and telephone number, summary of education and experience, and if there
			 are or have been any disciplinary actions proposed by the Board plus the
			 status, disposition, or resolution of the proposed disciplinary actions, unless
			 otherwise subject to or prohibited by law, statute, rule or
			 regulation.
(2) Requests for any
			 information other than that listed in section (1) of this rule, including
			 written verifications of licensure, may be required to be in writing, and may
			 require payment for copies of documents.
(3) Pursuant to ORS
			 676.175,
			 information regarding complaints against or information obtained through
			 investigations into the conduct of licensees, non-licensed individuals, or
			 applicants for licensure will not be disclosed.
Statutory/Other Authority: ORS
				  675.785
Statutes/Other Implemented: ORS
				  192
Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 10 - DEFINITIONS › Section 833-010-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions of terms used in ORS
				675.705 to
				675.835 and these administrative rules of the Board are:
(1) "AAMFT" means the American Association
			 for Marriage and Family Therapy.
(2) "Accredited program" means the graduate
			 program is fully accredited by COAMFTE, CACREP, or CORE.
(3) "Associate registration plan" means a
			 written description of post-graduate supervised work experience activities an
			 applicant must complete to qualify for a license as a professional counselor or
			 marriage and family therapist.
(4)
			 "Board" means the Oregon Board of Licensed Professional Counselors and
			 Therapists.
(5) "Board approved
			 program" means a graduate program that the Board had found to be comparable to
			 an accredited program.
(6) "CACREP"
			 means the Council for Accreditation of Counseling and Related Educational
			 Programs.
(7) "CRCC" means the
			 Commission on Rehabilitation Counselor Certification.
(8) "Client record" means any information
			 maintained in a written or electronic form about a client.
(9) "Clinical experience" means the
			 professional practice of applying principles and methods to provide assessment,
			 diagnosis, and treatment of individuals and families with mental health
			 disorders.
(10) "COAMFTE" means the
			 Commission on Accreditation of Marriage and Family Therapy Education.
(11) "CORE" means the Council on
			 Rehabilitation Education.
(12)
			 "Direct client contact hours" means only those clinical experience hours that
			 are therapeutic or a combination of assessment and subsequent therapeutic
			 interactions.
(13) "Distance
			 learning" means coursework, or training that does not involve attending a
			 presentation or program in the presence of the instructor or facilitator and
			 other courses through electronic communication.
(14) "Distance Services" means any use of
			 technology that replaces face to face delivery of counseling or therapy
			 service. Such technologies include, but are not limited to, use of computer
			 hardware and software, telephones, the internet, online assessment instruments
			 and other communication devices.
(15) "Electronic communication" means
			 communication through use of videoconference, telephone, teleconference,
			 internet, electronic mail, chat-based, or video-based.
(16) "Equivalent" means comparable in content
			 and quality, but not identical.
(17) "Hour Equivalents" means that when
			 requirements for licensure are given in quarter hours, the following formula
			 will be used to determine equivalent hours:
(a) Two semester hours is equal to three
			 quarter hours;
(b) One semester is
			 equal to 1.5 quarters;
(c) One
			 quarter credit hour equals 10 clock hours;
(d) One semester credit hour equals 15 clock
			 hours.