75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3577
A-Engrossed
Senate Bill 796
Ordered by the Senate May 8
Including Senate Amendments dated May 8
Sponsored by Senator WALKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires death care consultants to be licensed by State
Mortuary and Cemetery Board.
Requires facilities for final disposition of human remains,
other than cemeteries and crematoriums, to obtain certificate of
authority from board.
{ + Modifies procedures by which licensed funeral
practitioner disposes of unclaimed body of deceased person,
including procedures by which funeral practitioner transfers body
to certain institutions for educational or research purposes. + }
Directs board to establish rules promoting environmentally
sound death care practices and requires funeral service
practitioners to dispose of unclaimed remains of indigent
deceased persons in environmentally sound manner.
Imposes requirements relating to burials on private lands.
Expands definition of 'cemetery' to include scattering gardens
and cenotaphs.
{ + Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to death care; creating new provisions; amending ORS
97.010, 97.170, 97.460, 432.312, 692.010, 692.025, 692.040,
692.160, 692.180, 692.260, 692.275, 692.320 and 692.375; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 692.010 is amended to read:
692.010. As used in this chapter:
(1) 'Board' means the State Mortuary and Cemetery Board.
(2) 'Cemetery' means any one, or a combination of more than
one, of the following, in a place used, or intended to be used,
and dedicated, for cemetery purposes:
(a) A burial park, for earth interments;
(b) A mausoleum, for crypt interments; { - or - }
(c) A columbarium, for permanent cinerary interments { - . - }
{ + ;
(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. + }
(3) 'Exempt operating cemetery' means an operating cemetery
that has 10 or fewer interments annually.
{ + (4) 'Final disposition' means the burial, interment,
cremation, dissolution or other disposition of human remains
authorized by the board by rule. + }
{ - (4) - } { + (5) + } 'Holding room' means a room that is
located in a licensed facility for the care, storage or holding
of dead human bodies prior to effecting disposition.
{ - (5) 'Immediate disposition' means a direct method of
disposition of dead human remains by way of immediate burial or
immediate cremation. - }
(6) 'Immediate disposition company' means any business licensed
under this chapter, other than a licensed funeral establishment,
where a licensed funeral service practitioner operates the
business of immediate { + final + } disposition and where
business records are kept.
(7) 'Operating cemetery' means a cemetery that:
(a) Performs interments;
(b) Has fiduciary responsibility for endowment care, general
care or special care funds; or
(c) Has outstanding preneed service contracts for unperformed
services.
(8) 'Rental cover' means a partial enclosure that appears
similar to a casket that is utilized for viewing purposes and
surrounds the burial or cremation container.
SECTION 2. ORS 692.025 is amended to read:
692.025. (1) An individual may not practice as a funeral
service practitioner unless the individual is licensed as a
funeral service practitioner under ORS 692.045. { + Regardless
of any title used by the individual, + } an individual practices
as a funeral service practitioner if the individual { - for
payment - } is engaged directly or indirectly in { + offering
funeral services for payment or + } supervising or otherwise
controlling the transportation, care, preparation, processing and
handling of dead human bodies before the bodies undergo
{ - cremation, entombment or burial - } { + final
disposition + }, or before the bodies are transported out of the
State of Oregon.
(2) An individual may not practice as an embalmer unless the
individual is licensed as an embalmer under ORS 692.105. { +
Regardless of any title used by the individual, + } an individual
practices as an embalmer if the individual is engaged or purports
to be engaged in either of the following:
(a) The practice of disinfecting or preserving from decay dead
human bodies.
(b) Preparing human bodies dead of contagious or infectious
disease for transportation by railroad, express company or common
carrier.
{ + (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. + }
{ - (3) - } { + (4) + } A person may not operate a funeral
establishment unless the establishment meets the requirements
under this subsection. A place is a funeral establishment if the
place is used for the care { - and - } { + , + }preparation
{ + or viewing + } of dead human bodies before the bodies
undergo { - cremation, entombment or burial - } { + final
disposition + }, or before the bodies are transported out of the
State of Oregon. A funeral establishment must:
(a) Be licensed by the State Mortuary and Cemetery Board under
ORS 692.146;
(b) Be operated by a funeral service practitioner;
(c) Have on the premises embalming facilities or holding room
facilities meeting requirements established by the board; and
(d) Have access to hospital or mortuary refrigeration.
{ - (4) - } { + (5) + } A person may not operate an
immediate disposition company unless the immediate disposition
company meets the requirements under this subsection. An
immediate disposition company must:
(a) Be licensed at a fixed location under ORS 692.146; and
(b) Be operated by a licensed funeral service practitioner.
{ - (5) - } { + (6) + } { - No - } { + A + } person or
city, county or other municipal corporation { - shall - }
{ + may not + } conduct the business of an operating cemetery
without first receiving a certificate of authority to conduct the
business of an operating cemetery under ORS 692.275.
{ - (6) - } { + (7) + } A person may not operate a
crematorium unless the crematorium meets the requirements of ORS
692.275.
{ - (7) - } { + (8) + } { - All applicants for licenses,
certificates, or licensees under this section and all principals
of any - } { + An applicant for a license or certificate
described in this section and a principal of a + }licensed
establishment { + described in this section + } must consent to
a background check, including information solicited from the
Department of State Police.
SECTION 3. { + Section 4 of this 2009 Act is added to and made
a part of ORS chapter 692. + }
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.
SECTION 6. ORS 692.320 is amended to read:
692.320. (1) The State Mortuary and Cemetery Board { - has
the power to - } { + may + } adopt and enforce { + rules + }
for the protection of the public health, safety and welfare
{ - reasonable rules - } relating to the following:
(a) The licensing of { + or issuance of certificates of
authority for + } funeral service practitioners, embalmers,
{ + death care consultants, + } funeral establishments,
crematoriums { - and - } { + , + } cemeteries { + and other
facilities for final disposition of human remains + }.
(b) The registration of apprentices.
(c) The practice of funeral service practitioners { - and - }
{ + , + } embalmers { + and death care consultants + }, and the
operation of funeral establishments, immediate disposition
companies, crematoriums
{ - and - } { + , + } cemeteries { + and other facilities for
final disposition of human remains + }.
(d) Sanitary conditions of funeral establishments,
crematoriums, cemeteries { + , other facilities for final
disposition of human remains + } and any location in which
{ - dead human bodies - } { + human remains + } are stored or
processed prior to final disposition.
(e) Matters necessary to carry out the provisions of this
chapter.
(2) Other than areas used as living quarters, the board shall
inspect not less than once biennially the facilities and records
of funeral establishments, cemeteries { - and - } { + , + }
crematoriums and immediate disposition companies { + , other
facilities for final disposition of human remains + } and any
location in which { - dead human bodies - } { + human
remains + } may be stored, temporarily held or processed prior to
final disposition. The inspection of the records of such
locations { - shall be - } { + is + } limited to those
records required to comply with this chapter or ORS chapter 432
or rules adopted pursuant thereto. The board may make random
inspections at other times. The board shall employ one or more
persons to perform such inspections and aid in the enforcement of
this chapter and rules adopted thereunder. { - No - }
{ + A + } person employed under this subsection may { + not + }
be a member of the board or actively engaged in a practice
regulated by this chapter.
(3) The board may hold hearings, conduct investigations,
subpoena witnesses, administer oaths and take testimony in order
to carry out the provisions of this chapter.
(4) The board shall have a common seal and, subject to any
applicable provision of the State Personnel Relations Law, may
employ necessary administrative staff, fix the compensation for
them and incur other necessary expenses.
SECTION 7. { + The State Mortuary and Cemetery Board shall
adopt rules promoting environmentally sound death care
practices. + }
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. + }
SECTION 10. ORS 97.010 is amended to read:
97.010. As used in ORS 97.010 to 97.040, 97.110 to 97.450,
97.510 to 97.730, 97.810 to 97.920, 97.923 to 97.949, 97.990 and
97.994:
(1) 'Burial' means the placement of human remains in a grave or
lawn crypt.
(2) 'Burial park' means a tract of land for the burial of human
remains, used, or intended to be used, and dedicated for cemetery
purposes.
(3) 'Burial right' means the right to use a grave, mausoleum,
columbarium, ossuary or scattering garden for the interment or
other disposition of human remains.
(4) 'Cemetery' means a place:
(a) Dedicated to and used, or intended to be used, for
{ - the - } { + a + } permanent { + memorial or the permanent
+ }interment of human remains; and
(b) That may contain a mausoleum, crypt or vault interment, a
columbarium, { + an + } ossuary, { + a cenotaph, a + }
scattering garden { - or - } { + , any + } other structure or
place used or intended to be used for the interment or
disposition of { - cremated - } { + human + } remains or any
combination of these structures or places.
(5) 'Cemetery association' means a corporation or association
authorized by its articles of incorporation to conduct the
business of a cemetery, but does not include a corporation sole
or a charitable, eleemosynary association or corporation.
(6) 'Cemetery authority' means a person who owns or controls
cemetery lands or property, including but not limited to a
cemetery corporation, association or corporation sole.
(7) 'Cemetery business' and 'cemetery purpose' are used
interchangeably and mean any business or purpose requisite or
incident to, or necessary for establishing, maintaining,
operating, improving or conducting a cemetery, interring human
remains, and the care, preservation and embellishment of cemetery
property.
(8) 'Cemetery merchandise' means personal property offered for
sale or sold for use in connection with the final disposition,
memorialization or interment of human remains. 'Cemetery
merchandise' includes, but is not limited to, an outer burial
container and a memorial.
(9) 'Cemetery services' means services provided by a cemetery
authority for interment or scattering, and installation of
cemetery merchandise.
{ + (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. + }
{ - (10) - } { + (11) + } 'Columbarium' means a structure
or room containing receptacles for permanent inurnment of
cremated remains in a place used, or intended to be used, and
dedicated for cemetery purposes.
{ - (11) - } { + (12) + } 'Cremated remains' means the
remains of a cremated human body after completion of the
cremation process.
{ - (12) - } { + (13) + } 'Cremation' means the technical
process, using direct flame and heat, that reduces human remains
to bone fragments.
{ - (13) - } { + (14) + } 'Crematory' means a structure
containing a retort for the reduction of bodies of deceased
persons to cremated remains.
{ - (14) - } { + (15) + } 'Crypt' or 'vault' means a space
in a mausoleum of sufficient size used, or intended to be used,
to entomb uncremated human remains.
{ - (15) - } { + (16) + } 'Directors' or 'governing body'
means the board of directors, board of trustees or other
governing body of a cemetery association.
{ - (16) - } { + (17) + } 'Endowment care' means the
general care and maintenance of developed portions of a cemetery
and memorials erected thereon financed from the income of a trust
fund.
{ - (17) - } { + (18) + } 'Entombment' means the placement
of human remains in a crypt or vault.
{ - (18) - } { + (19) + } 'Funeral merchandise' means
personal property offered for sale or sold for use in connection
with funeral services. 'Funeral merchandise' includes, but is not
limited to, acknowledgment cards, alternative containers,
caskets, clothing, cremation containers, cremation interment
containers, flowers, memory folders, monuments, outer burial
containers, prayer cards, register books and urns.
{ - (19) - } { + (20) + } 'Funeral services' means services
customarily provided by a funeral service practitioner including,
but not limited to, care and preparation of human remains for
final disposition, professional services relating to a funeral or
an alternative to a funeral, transportation of human remains,
limousine services, use of facilities or equipment for viewing
human remains, visitation, memorial services or services that are
used in connection with a funeral or alternative to a funeral,
coordinating or conducting funeral rites or ceremonies, and other
services provided in connection with a funeral, alternative to a
funeral or final disposition of human remains.
{ - (20) - } { + (21) + } 'Grave' means a space of ground
in a burial park used, or intended to be used, for burial of the
remains of one person.
{ - (21) - } { + (22) + } 'Human remains' or 'remains'
means the body of a deceased person in any stage of decomposition
or after cremation.
{ - (22) - } { + (23) + } 'Interment' means the disposition
of human remains by inurnment, entombment or burial.
{ - (23) - } { + (24) + } 'Inurnment' means the placement
of cremated remains in a receptacle and the deposit of the
receptacle in a niche.
{ - (24) - } { + (25) + } 'Lot,' 'plot' or 'burial space'
means space in a cemetery owned by one or more individuals, an
association or fraternal or other organization and used, or
intended to be used, for the permanent interment therein of the
remains of one or more deceased persons. Such terms include and
apply with like effect to one, or more than one, adjoining grave,
crypt, vault or niche.
{ - (25) - } { + (26) + } 'Mausoleum' means a structure
substantially exposed above ground for the entombment of human
remains in crypts or vaults in a place used, or intended to be
used, and dedicated for cemetery purposes.
{ - (26) - } { + (27) + } 'Memorial' means a product, other
than a mausoleum or columbarium, used for identifying an
interment space or for commemoration of the life, deeds or career
of a decedent including, but not limited to, an ossuary,
monument, marker, niche plate, urn garden plaque, crypt plate,
cenotaph, marker bench or vase.
{ - (27) - } { + (28) + } 'Niche' means a recess usually in
a columbarium used, or intended to be used, for the inurnment of
the cremated remains of one or more persons.
{ - (28) - } { + (29) + } 'Ossuary' means a receptacle used
for the communal placement of cremated remains without benefit of
an urn or any other container in which cremated remains may be
commingled with other cremated remains and are nonrecoverable.
{ - (29) - } { + (30) + } 'Plot owner' or 'owner' means any
person identified in the records of the cemetery authority as
owner of the burial rights to a burial plot, or who holds a
certificate of ownership conveyed from the cemetery authority of
the burial rights in a particular lot, plot or space.
{ - (30) - } { + (31) + } 'Scattering' means the lawful
dispersion of cremated remains that need not be associated with
an interment right or issuance of a deed, that may be recorded
only as a service that has taken place and may not be recorded on
the permanent records of the cemetery authority.
{ - (31) - } { + (32) + } 'Scattering garden' means a
location set aside within a cemetery that is used for the
spreading or broadcasting of cremated remains that have been
removed from their container and can be mixed with or placed on
top of the soil or ground cover or buried in an underground
receptacle on a commingled basis and that are nonrecoverable.
{ - (32) - } { + (33) + } 'Special care' means any care in
excess of endowed care in accordance with the specific directions
of a donor of funds.
SECTION 11. ORS 692.040 is amended to read:
692.040. This chapter does not apply to any of the following:
(1) A public institution, medical college, county medical
society, anatomical association, college of embalming { - , or
any officer thereof, or to any other recognized person carrying
out the statutes of the State of Oregon prescribing the
conditions under which indigent dead human bodies are held
subject for scientific or anatomical study. - } { + or
institution approved by the Demonstrator of Anatomy to accept
bodies for education or research purposes under ORS 97.170. + }
(2) The customs or rites of any religious sect except as to the
burial or other disposition of their dead.
(3) A person who picks up dead human bodies under the direction
of a { + licensed + } funeral service practitioner for delivery
to a { + licensed + } funeral service practitioner, { + a
licensed + } funeral establishment, { + an authorized + }
cemetery { - or - } { + , an authorized + } crematorium
{ + or another authorized facility for final disposition of
human remains + } pursuant to an agreement with the funeral
service practitioner, if the person is not otherwise engaged in
any of the activities of a funeral service practitioner, an
embalmer, a funeral establishment, { + a death care
consultant, + } a cemetery or a crematorium as described in ORS
692.025 { + or another authorized facility for final disposition
of human remains as described in ORS 692.275 + }.
(4) A person who picks up dead human bodies under the direction
of a licensed funeral service practitioner employed by a funeral
establishment registered under ORS 692.270 for transportation out
of the state or for delivery { + out of the state + } to a
funeral service practitioner, funeral establishment, cemetery or
crematorium pursuant to an agreement with the funeral service
practitioner, if the person is not otherwise engaged in any of
the activities of a funeral service practitioner, an embalmer, a
funeral establishment, { + a death care consultant, + } a
cemetery or a crematorium as described in ORS 692.025 { + or
another authorized facility for final disposition of human
remains as described in ORS 692.275 + }.
SECTION 12. ORS 692.160 is amended to read:
692.160. (1) The fees that may be charged under this chapter
are:
(a) A fee covering requests for applications for a { + funeral
service practitioner license, an embalmer license, a death care
consultant license, a + } funeral establishment license, an
immediate disposition company license, a certificate of authority
for a cemetery, a certificate of authority for a crematorium,
{ + a certificate of authority for any other facility for final
disposition of human remains, + } registration as a funeral
service practitioner apprentice, registration as an embalmer
apprentice, a certificate of removal registration, a license as a
reciprocal funeral service practitioner or a license as a
reciprocal embalmer. The application fee shall be accompanied by
an additional fee for each principal of a funeral establishment,
immediate disposition company, cemetery { + , + } { - or - }
crematorium { + or other facility for final disposition of human
remains + }.
(b) A fee covering the renewal of a license for a funeral
establishment, a license for an immediate disposition
company { + , + }
{ - or - } a certificate of authority for a crematorium { +
or a certificate of authority for any other facility for final
disposition of human remains + }.
(c) A fee covering the renewal of a funeral service
practitioner license { - or - } { + , + } an embalmer
license { + or a death care consultant license + }.
(d) A fee for renewal of a combination funeral service
practitioner and embalmer license.
(e) A fee for renewal of the registration of a funeral service
practitioner apprentice or an embalmer apprentice.
(f) An examination fee for a funeral service practitioner
license { - or - } { + , + } an embalmer license { + or a
death care consultant license + }.
(g) A fee covering the renewal of a certificate of authority
for a cemetery.
(h) A fee covering the reinstatement of a lapsed license or
certificate of authority.
(i) A fee for reissuing a license, registration or certificate
of authority as provided in ORS 692.148.
(j) Fees for copying any public record maintained by the State
Mortuary and Cemetery Board, for documents distributed by the
board and postage for mailing any copies or documents.
(2) All licenses granted under this chapter to funeral service
practitioners { - and - } { + , + } embalmers { + and death
care consultants + }
{ - shall - } expire on January 1 in even-numbered years or on
such date as may be specified by rule of the State Mortuary and
Cemetery Board. All licenses or certificates of authority granted
under this chapter to operators of funeral establishments, to
operators of immediate disposition companies, to operators of
cemeteries { + , + }
{ - or - } to operators of crematoriums { - shall - }
{ + or to operators of other facilities for final disposition of
human remains + } expire on January 1 in odd-numbered years or on
such date as may be specified by board rule.
(3) The board shall mail to each licensed funeral service
practitioner, to each licensed embalmer, { + to each licensed
death care consultant, + } to each licensed operator of a funeral
establishment or immediate disposition company and to each
cemetery { + , + } { - and - } crematorium { + and other
facility for final disposition of human remains + } holding a
certificate of authority under ORS 692.275, addressed to the
licensee or certificate holder at the licensee's or certificate
holder's last-known address, a notice that the renewal fee is due
and payable and that if the fee is not paid by the renewal date
the license or certificate of authority shall lapse. { - The
notice shall be mailed - } { + The board shall mail the
notice + } { - to each licensed funeral service practitioner
and to each licensed embalmer at least 60 days before the license
expires. The notice shall be mailed to each licensed operator of
a funeral establishment or immediate disposition company and to
each cemetery and crematorium holding a certificate of authority
under ORS 692.275 - } at least 60 days before the license or
certificate of authority expires. The board may impose continuing
education requirements as a prerequisite for relicensure.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the State Mortuary and
Cemetery Board pertaining to the purpose for which the fee or
charge is established, as authorized by the Legislative Assembly
within the board's budget, as the budget may be modified by the
Emergency Board.
SECTION 13. ORS 692.180 is amended to read:
692.180. (1) Upon complaint or upon its own motion, the State
Mortuary and Cemetery Board may investigate { - any - }
{ + a + } complaint
{ - concerning any person, licensee or holder of a certificate
of authority - } made by any person or by the board. If the
board finds any of the causes described in this section in regard
to any person, licensee or applicant or the holder of a
certificate of authority, the board may impose a civil penalty of
not more than $1,000 for each violation, suspend or revoke a
license to practice or to operate under this chapter or refuse to
grant or renew a license. The causes are as follows:
(a) Misrepresentation in the conduct of business or in
obtaining a license.
(b) Fraudulent or dishonest conduct, when the conduct bears a
demonstrable relationship to funeral service practice, embalming
practice or the operation of cemeteries { + , + } { - or - }
crematoriums { + or other facilities for final disposition of
human remains + }.
(c) Except as provided in this paragraph, solicitation of
{ - human dead bodies - } { + human remains + } by the
licensee or any agent, assistant or employee of the licensee,
either before or after death. This paragraph does not apply to:
(A) Activities permissible under ORS 97.923 to 97.949; or
(B) The sale, in accordance with provisions of the Insurance
Code, of prearranged funeral or cemetery merchandise or services,
or any combination thereof, to be funded by the contemporaneous
or subsequent assignment of a life insurance policy or an annuity
contract.
(d) Offensive treatment of dead human bodies or { + evidence
that + } a body in the person's custody has been disposed of in
violation of ORS chapter 432 or rules adopted pursuant thereto.
(e) Aiding or abetting a person who is not a licensee or an
apprentice in any act involving the disposition of dead human
bodies before the bodies undergo { - cremation, entombment or
burial - } { + final disposition + } or before the bodies are
transported out of the State of Oregon.
(f) Sale or reuse of any casket or body container that has been
previously utilized for the placement of a deceased human body.
This does not include use of a rental cover as defined in ORS
692.010.
(g) Violation of any of the provisions of this chapter or any
rules adopted under this chapter.
(h) Violation of any provision of ORS 97.929 or 97.937 or
regulations adopted by the Federal Trade Commission regulating
funeral industry practices.
(i) Conviction of a crime, when the crime bears a demonstrable
relationship to funeral service practice, embalming practice
{ - or - } { + , death care consultant practice or + } the
operation of cemeteries { + , + } { - or - } crematoriums { +
or other facilities for final disposition of human remains + }. A
{ + certified + } copy of the { - record of the conviction
certified to by the clerk of the court entering the - }
conviction { - shall be - } { + is + } conclusive evidence of
the conviction.
(j) Violation of ORS chapter 97 as it relates to disposition of
human bodies and to cemeteries.
(k) Refusing to surrender promptly the custody of a dead human
body, upon the express order of the person lawfully entitled to
the custody of the body.
(L) Acting as the legal representative of any deceased person
for whom the licensee has rendered services governed by this
chapter. This subsection does not prohibit a licensee from acting
as the legal representative of a deceased relative or a deceased
licensee if the deceased licensee was a partner, employee or
employer in the licensee's practice.
(m) Failure to pay any civil penalty imposed by the board
within 10 days after the order is entered or, if appealed, within
10 days after the order is sustained on appeal.
(2) All amounts recovered under this section shall be deposited
in { - accordance with - } { + the State Mortuary and
Cemetery Board Account established under + } ORS 692.375.
(3) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(4) Upon receipt of a complaint, the board shall conduct an
investigation as described under ORS 676.165.
(5) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
SECTION 14. ORS 692.260 is amended to read:
692.260. The State Mortuary and Cemetery Board may revoke,
suspend or refuse to renew a license issued to a funeral
establishment or immediate disposition company if the board finds
any of the following in regard to the establishment or company or
its operation:
(1) Any of the causes specified in ORS 692.180.
(2) Violation of ORS 692.025 { - (3) - } { + (4) + }.
(3) Failure to comply with the rules of the board.
SECTION 15. ORS 692.375 is amended to read:
692.375. The State Mortuary and Cemetery Board Account is
established in the State Treasury, separate and distinct from the
General Fund. All moneys received by the State Mortuary and
Cemetery Board under this chapter shall be paid into the account
and are appropriated continuously to be used only for the
administration and enforcement of this chapter, for the
administration and enforcement of ORS 97.931 and for the purpose
of education of funeral service practitioners { - and - }
{ + , + } embalmers { + and death care consultants + }. Any
interest or other income from moneys in the account shall be
credited to the account.
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. + }
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