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 830-040-0000 - General Principles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every licensee
			 is responsible for complying with the provisions of ORS Chapter 692 and rules
			 adopted thereunder, and any other law pertaining to the duties and
			 responsibilities of the funeral service practitioner or the operation or
			 licensing of funeral establishments, immediate disposition companies,
			 cemeteries, crematoriums and alternative disposition facilities.
(2) Alternative Disposition Facility
			 Authorities must comply with the requirements in this division (Division 40)
			 applicable to Crematory Authorities and cremated remains, as if alternative
			 disposition remains are cremated remains, as if the Alternative Disposition
			 Facility is a Crematory Authority, and as if dissolution and natural organic
			 reduction are cremation.
(3) The
			 Board may refuse to allow use of any facility name that is misleading as to the
			 nature of the facility's purpose.
(4) When a person, firm, partnership or
			 corporation applies to the Board for a facility license, the name on the
			 application must identify the primary activity of the facility. This name must
			 be the registered name with the Board and must also be used as the advertised
			 name of the facility.
(5) Each
			 licensed facility must provide the Board with its true corporate, firm or
			 individual name. Applications for all licensed facilities must be made on the
			 most current application and specify the names of all principals. If the
			 principal is a corporation, the application must include the names of all
			 principals of that corporation.
(6)
			 When there is a change in any principal of the licensed facility, the licensee
			 must provide the Board with the name of the new principal(s) on the most
			 current form provided by the Board within 30 days of the change. If the new
			 principal is a corporation, the licensee must provide the names of the
			 principals of that corporation to the Board on the most current form provided
			 by the Board.
(7) All licensees and
			 licensed facilities must keep a detailed, accurate, and permanent record of all
			 transactions that are performed for the care, preparation and final disposition
			 of human remains. The record must set forth as a minimum:
(a) Name of decedent and, when applicable,
			 the identifying metal disc number provided by the State Registrar's
			 Office;
(b) Date of
			 death;
(c) Name of person arranging
			 for delivery of goods and services and the person authorizing the final
			 disposition;
(d) Name of place of
			 final disposition. In cemetery records, the "name of place" means the exact
			 location of the interment of human remains such as grave, crypt, niche,
			 etc.;
(e) The name of the funeral
			 service practitioner, cemetery, crematory or alternative disposition facility
			 personnel responsible for making and executing the arrangements pertaining to
			 the delivery of goods and fulfillment of services;
(f) The name of the embalmer and funeral
			 establishment responsible for embalming (applies only to funeral establishment
			 records); and
(g) Written
			 permission for embalming, final disposition and scattering services from the
			 person who has the right to control disposition of the human remains pursuant
			 to ORS 97.130(1) and (2). The record of such authorization must include at a
			 minimum: printed name, signature and phone number of the authorizing agent and
			 relationship to the deceased, date and time permission was obtained, and
			 printed name, signature and phone number of the authorizing agent and
			 relationship to the deceased, date and time permission was obtained, and
			 printed name and signature of the licensee or facility representative who
			 acquired the authorization.