75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 796
 
LC 3577/SB 796-3
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 796
 
        By COMMITTEE ON HEALTH CARE AND VETERANS' AFFAIRS
 
                              May 8
 
  On page 1 of the printed bill, line 2, delete 'and' and delete
'105.464' and insert '432.312'.
  In line 3, before the period insert '; and declaring an
emergency'.
  Delete lines 13 through 16 and insert:
  ' (d) A scattering garden or other designated area above or
below ground where a person may pay to establish a memorial of
cremated remains; or
  ' (e) A cenotaph where a person may pay to establish a memorial
to honor a person whose remains may be interred elsewhere or
whose remains cannot be recovered.'.
  On page 2, line 8, after the period insert 'Regardless of any
title used by the individual,'.
  In line 15, after the period insert 'Regardless of any title
used by the individual,'.
  Delete lines 20 through 23 and insert:
  ' (3) An individual may not practice as a death care consultant
unless the individual is licensed as a death care consultant
under section 4 of this 2009 Act. Regardless of any title used by
the individual, an individual practices as a death care
consultant if the individual offers, for payment, consultations
or workshops to individuals or groups regarding funeral or final
disposition services.'.
  On page 3, delete lines 4 through 42 and insert:
  '  { +  SECTION 4. + }  { + The State Mortuary and Cemetery
Board shall issue a license to an individual to practice as a
death care consultant if the individual:
  ' (1) Applies to the board for a death care consultant license
on an application form provided by the board;
  ' (2) Passes an examination conducted by the board covering
Oregon and federal laws and rules relating to the care,
preparation, disposition and transportation of dead human bodies;
  ' (3) Pays fees required by the board by rule; and
  ' (4) Meets other requirements established by the board by
rule. + }
  '  { +  SECTION 5. + } ORS 692.275 is amended to read:
  ' 692.275. (1)   { - The application for a certificate of
authority to conduct the business of an operating cemetery shall
be made - }  { +  A person may not conduct the business of an
operating cemetery unless the person has a certificate of
authority to do so. A person may apply for a certificate of
authority + } on a form provided by the State Mortuary and
Cemetery Board. The application
  { - shall - }   { + must + } be accompanied by the application
fee established under ORS 692.160. However, any exempt operating
cemetery is entitled to receive a certificate of authority to
operate upon payment of an initial fee not to exceed $100 and a
fee not to exceed $50 for registration of all principals
regardless of the total number of principals. An exempt operating
 
cemetery is not required to pay the renewal fee or the fee for
any change in principal other than the cemetery manager.
  ' (2) A cemetery, other than an operating cemetery or a
historic cemetery listed with the Oregon Commission on Historic
Cemeteries under ORS 97.782,   { - shall - }   { + must + } be
registered with the board. An owner of a cemetery, other than an
operating cemetery or a historic cemetery listed with the Oregon
Commission on Historic Cemeteries under ORS 97.782,
 { - shall - }   { + must + } register the cemetery with the
board on a form provided by the board. No fee   { - shall - }
 { + may + } be required of a cemetery registrant.
  ' (3) { +  A person may not operate a crematorium unless the
person has a certificate of authority to do so. A person may
apply + }
  { - The person who plans to operate a crematorium shall apply
before operation - }  for a certificate of authority to operate a
crematorium on a form provided by the board. The application
 { - shall - }   { + must + } be accompanied by the application
fee established under ORS 692.160.
  ' (4) For purposes of this section and ORS 692.025, each
location of a cemetery or crematorium is a separate location and
must be licensed separately. Those cemeteries that are subject to
registration   { - shall - }   { + must + } be registered
separately.
  ' (5) The   { - recommendation of the Cremation Association of
North America shall be used - }   { + board may consider the
recommendations of national associations related to cremation
 + }in adopting rules regulating crematoriums.
  '  { +  (6) A person may not operate a facility for final
disposition of human remains other than a cemetery or a
crematorium unless the person has a certificate of authority to
do so. A person may apply for a certificate of authority on a
form provided by the board. The application must be accompanied
by an application fee established under ORS 692.160. + }
  '  { - (6) - }   { + (7) + } This section applies to operating
cemeteries or other cemeteries owned by any city, county or other
municipal corporation.
  '  { - (7) - }   { + (8) + } The board may not subject an
exempt operating cemetery to random inspections.'.
  On page 4, delete lines 30 through 45.
  On page 5, delete lines 1 through 43 and insert:
  '  { +  SECTION 8. + } ORS 97.170 is amended to read:
  ' 97.170.   { - (1) Except as set forth in subsection (4) of
this section, any licensed funeral service practitioner having
charge of the body of a deceased person thought to be an
unclaimed indigent shall use all reasonable diligence promptly to
notify the relatives of the deceased person or any other person
having an interest in the deceased person and shall arrange with
any relative who claims the body or with any friend of the
deceased person who will pay the expenses to make disposition of
the body.  If no one claims the body within five days after
death, or if those notified acquiesce, the funeral service
practitioner shall notify, by telephone, the Demonstrator of
Anatomy of the Oregon Health and Science University. The
Demonstrator of Anatomy, who shall be appointed by the Oregon
Health and Science University Board of Directors from the staff
of the Oregon Health and Science University, shall immediately
inform the funeral service practitioner whether the body is
deemed to be in fit condition and is desired for medical
instruction or the advancement of medical science. If the body is
desired for these purposes, the funeral service practitioner
shall arrange for a licensed embalmer to make such preparation as
is necessary and shall, within 72 hours, deliver it to the Oregon
Health and Science University, or any other school or college
within the State of Oregon qualifying applicants for examination
in the fundamental sciences as required and specified in ORS
683.010 to 683.335 and ORS chapters 676 to 681 and 684 to 686, as
the Demonstrator of Anatomy directs. The expenses of embalming,
transportation of the body to such school or college, filing fees
and other related expenses shall be paid from the funds
appropriated specifically for the purposes of this section. Such
expenses shall not exceed the normal rates charged for such
services to the general public. - }
  '  { - (2) If the Demonstrator of Anatomy does not require any
such body for instruction or research, it may be assigned, on
request, to any other properly authorized institution within this
state or to any qualified physician for instruction or
research. - }
  '  { +  (1) As used in this section, 'indigent person' means a
deceased person who does not have a death or final expense
benefit or insurance policy that pays for disposition of the
deceased person's body or other means to pay for disposition of
the deceased person's body and who has no relative or other
person with the legal right to direct and the means to pay for
disposition of the deceased person's body.
  ' (2)(a) The Oregon Health and Science University shall appoint
a Demonstrator of Anatomy from the staff of the university.
  ' (b) The Demonstrator of Anatomy shall maintain a list of
institutions that may accept or process bodies for education or
research purposes.
  ' (3) A medical examiner as defined in ORS 146.003 or a health
care facility as defined in ORS 442.015 that has charge of an
unclaimed body of a deceased person shall promptly attempt to
locate and notify the relatives of the deceased person or other
persons who have an interest in the deceased person and shall
arrange with any person who will pay the expenses to make
disposition of the body. If the medical examiner or health care
facility cannot locate a person who will pay the expenses of
disposition of the body, the medical examiner or health care
facility may transfer the body to a licensed funeral service
practitioner.
  ' (4)(a) A licensed funeral service practitioner who takes
custody of the unclaimed body of a deceased person shall promptly
verify that a medical examiner or health care facility attempted
to locate relatives and interested persons as provided in
subsection (3) of this section.
  ' (b) If a medical examiner or health care facility has not
attempted to locate relatives and interested persons as provided
in subsection (3) of this section, the funeral service
practitioner shall, within five days after taking custody of the
body, attempt to locate and notify relatives and interested
persons and shall arrange with any person who will pay the
expenses to make disposition of the body.
  ' (c) If no one claims the body within five days after the
funeral service practitioner takes custody of the body, or if the
persons notified acquiesce, the funeral service practitioner may
transfer the body to an institution approved by the Demonstrator
of Anatomy under subsection (2) of this section that desires the
body for education or research purposes. The funeral service
practitioner shall arrange with an institution that desires the
body to pay for care, preparation and transportation of the body
to the institution. + }
  '  { - (3) - }   { + (d) + }   { - When the body of a deceased
person is deemed in unfit condition by the Demonstrator of
Anatomy and disposition does not take place as set forth in
subsections (1) and (2) of this section, and no relatives,
friends or interested persons claim the body after notification
is attempted - }  { +  If no relative, interested person or
institution claims the body as provided in paragraphs (b) and (c)
of this subsection + },   { - then - }  the funeral service
practitioner may   { - commence to - }  cremate or bury the body
without the consent of persons listed in ORS 97.130 and is
  { - furthermore - }  indemnified from any liability arising
from having made such disposition. The method of disposition must
be in the least costly  { + and most environmentally sound + }
manner that complies with law, and that does not conflict with
known wishes of the deceased.   { - Reimbursement for costs of
disposition shall be made as set forth in subsection (5) of this
section. - }  { +  If the deceased person is an indigent person,
the Department of Human Services shall reimburse the funeral
service practitioner for the costs of disposition under
subsection (6) of this section. + }
  '  { - (4) - }   { + (5) + } When the deceased person is a
child over whom the department   { - of Human Services - }  held
guardianship at the time of death,  { + the department shall
promptly attempt to locate and notify the relatives of the
deceased child or any other person who has an interest in the
deceased child and shall arrange with any person who will pay the
expenses to make disposition of the body.  + }  { - and - }  { +
If + } no relatives  { - , friends - }  or interested persons
claim the body
  { - after notification is attempted as set forth in subsection
(1) of this section, the department may at its discretion notify
the Demonstrator of Anatomy and proceed as set forth in
subsection (1) of this section - }  { + , the department may
transfer the body to an institution that is on the list
maintained by the Demonstrator of Anatomy under subsection (2) of
this section that desires the body for education or research
purposes + }, or may authorize burial or cremation of the body.
 { + The department shall pay + } expenses related to burial or
cremation authorized by the department under this subsection
 { - shall be borne by the department - } .
  '  { - (5) - }   { + (6) + } Upon receipt of an itemized
statement of expenses  { +  and proof as required by the
department by rule that the deceased person is an indigent
person + }, the department shall reimburse   { - the - }
 { + a + } funeral service practitioner   { - within 30 days - }
the reasonable costs for disposition of  { + the body of + } any
unclaimed deceased  { +  indigent + } person   { - who has
insufficient assets and for whom no one takes responsibility - }
. The method of disposition must be in the least costly
 { - manner and shall not exceed $450 per disposition - }  { +
and most environmentally sound manner that complies with law. The
department may adopt rules establishing the process for
reimbursement and setting the maximum amount that may be
reimbursed to a funeral service practitioner under this
subsection + }.
  '  { +  SECTION 9. + } ORS 97.460 is amended to read:
  ' 97.460.  { + (1) + }   { - No association, corporation,
cemetery authority, or person shall after February 24, 1903, - }
 { + A person may not + } lay out, open up or use any property
for cemetery or burial park purposes  { - , without the
approval - }   { + unless the person:
  ' (a) Is the owner of the property;
  ' (b) Has the written consent + } of the planning commission of
the county or city having jurisdiction under ORS 92.042 or, if
there is no such commission in such county or city, the governing
body of such county or city  { - . - }  { + ;
  ' (c) Agrees to maintain records of the disposition of human
remains on the property as required by the planning commission or
governing body of the county or city having jurisdiction under
ORS 92.042; and
  ' (d) Agrees to disclose the disposition of human remains upon
sale of the property. Failure to disclose the disposition of
human remains does not invalidate the sale of the property.
  ' (2) A planning commission of a county or city or, if there is
no planning commission in a county or city, the governing body of
the county or city, shall provide to the State Mortuary and
Cemetery Board a list of the requirements for laying out, opening
up or using property in the county or city for cemetery or burial
park purposes. + } ' .
  On page 6, delete lines 28 and 29 and insert:
  ' (10) 'Cenotaph' means a place where a person may pay to
establish a memorial to honor a person whose remains may be
interred elsewhere or whose remains cannot be recovered.'.
  On page 8, line 7, after 'embalming' delete the rest of the
line and delete lines 8 and 9 and insert 'or institution approved
by the Demonstrator of Anatomy to accept bodies for education or
research purposes under ORS 97.170.'.
  On page 11, delete lines 12 through 45 and delete pages 12
through 20 and insert:
  '  { +  SECTION 16. + } ORS 432.312 is amended to read:
  ' 432.312. (1) The Department of Human Services shall impose
and collect a filing fee of $7 for each certificate of death. Of
the fee, $2 shall be deposited to the credit of the Public Health
Account and used to carry out the purposes of ORS 97.170
 { - (5) - }   { + (6) + } and $5 shall be deposited to the
credit of the State Mortuary and Cemetery Board Account and used
in the same manner as funds credited to the account under ORS
692.375.
  ' (2) The expenditures under ORS 97.170   { - (5) - }
 { + (6) + } and 692.375
  { - shall - }   { + may + } not exceed the funds collected
under subsection (1) of this section, and in no event
 { - shall - }   { + may + } expenditure on the administration of
the funds exceed five percent of the moneys collected.
  '  { +  SECTION 17. + }  { + (1) Section 4 of this 2009 Act and
the amendments to ORS 692.010, 692.025, 692.040, 692.160,
692.180, 692.260, 692.275 and 692.320 by sections 1, 2, 5, 6 and
11 to 14 of this 2009 Act become operative on March 31, 2010.
  ' (2) The State Mortuary and Cemetery Board may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the board to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
board by section 4 of this 2009 Act and the amendments to ORS
692.010, 692.025, 692.040, 692.160, 692.180, 692.260, 692.275 and
692.320 by sections 1, 2, 5, 6 and 11 to 14 of this 2009 Act. + }
  '  { +  SECTION 18. + }  { + Section 4 of this 2009 Act and the
amendments to ORS 692.025, 692.040, 692.160, 692.180 and 692.320
by sections 2, 6 and 11 to 13 of this 2009 Act apply to persons
practicing as death care consultants on or after the operative
date specified in section 17 of this 2009 Act. + }
  '  { +  SECTION 19. + }  { + The amendments to ORS 692.010,
692.160, 692.180, 692.275 and 692.320 by sections 1, 5, 6, 12 and
13 of this 2009 Act apply to facilities used for final
disposition of human remains, other than cemeteries and
crematoriums, on or after the operative date specified in section
17 of this 2009 Act. + }
  '  { +  SECTION 20. + }  { + The amendments to ORS 97.460 by
section 9 of this 2009 Act apply to laying out or opening up
property for cemetery or burial park purposes on or after the
effective date of this 2009 Act. + }
  '  { +  SECTION 21. + }  { + The amendments to ORS 97.010 by
section 10 of this 2009 Act apply to cenotaphs established on or
after the effective date of this 2009 Act. + }
  '  { +  SECTION 22. + }  { + The amendments to ORS 97.170 and
432.312 by sections 8 and 16 of this 2009 Act apply to bodies of
deceased persons who die on or after the effective date of this
2009 Act. + }
  '  { +  SECTION 23. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
                         ----------