70th OREGON LEGISLATIVE ASSEMBLY--1999 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 3469
A-Engrossed
House Bill 3501
Ordered by the House April 29
Including House Amendments dated April 29
Sponsored by Representative LUNDQUIST (at the request of Oregon
Funeral Directors Association)
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.
{ - Allows funeral service practitioners licensed in certain
states to practice limited funeral services in Oregon. Requires
registration with State Mortuary and Cemetery Board. - }
{ + Specifies procedures for removal of dead body from
state. + }
A BILL FOR AN ACT
Relating to funeral service practitioners; creating new
provisions; and amending ORS 432.005, 432.307, 432.317,
692.040, 692.045 and 692.160 and section 129, chapter 746,
Oregon Laws 1997.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 432.307 is amended to read:
432.307. (1) A certificate of death for each death that occurs
in this state shall be { - filed with - } { + submitted
to + } the county registrar of the county in which the death
occurred or { - with - } { + to + } the Center for Health
Statistics, or as otherwise directed by the State Registrar of
the Center for Health Statistics, within five days after death or
the finding of a dead body and prior to final disposition, and
shall be registered if it has been completed and filed in
accordance with this section.
(a) If the place of death is unknown, but the dead body is
found in this state, the certificate of death shall be completed
and filed in accordance with this section. The place where the
body is found shall be shown as the place of death. If the date
of death is unknown, it shall be determined by approximation. If
the date cannot be determined by approximation, the date the dead
body is found shall be entered and identified as the date of
death.
(b) When death occurs in a moving conveyance:
(A) In the United States and the body is first removed from the
conveyance in this state, the death shall be registered in this
state and the place where it is first removed shall be considered
the place of death.
(B) While in international waters or air space or in a foreign
country or its air space and the body is first removed from the
conveyance in this state, the death shall be registered in this
state but the certificate shall show the actual place of death
insofar as can be determined.
(c) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
(2) The funeral service practitioner or person acting as such
who first assumes custody of the dead body shall { - file - }
{ + submit + } the certificate of death. The funeral service
practitioner or person acting as such shall obtain the personal
data from the next of kin or the best qualified person or source
available and shall obtain the medical certification from the
person responsible therefor. The funeral service practitioner or
person acting as such shall provide the certificate of death
containing information as specified by rule to identify the
decedent to the certifier within 48 hours after death.
(3) The physician in charge of the care of the patient for the
illness or condition that resulted in death shall complete, sign
and return the medical certification of death to the funeral
service practitioner or person acting as such within 48 hours
after receipt of the certificate of death by the physician,
except when inquiry is required by ORS chapter 146. In the
absence or inability of the physician or with the approval of the
physician, the medical certification of death may be completed by
an associate physician, the chief medical officer of the
institution in which death occurred or the physician who
performed an autopsy upon the decedent, provided that the
individual has access to the medical history of the case and
death is due to natural causes. The person completing the
medical certification of death shall attest to its accuracy
either by signature or by an approved electronic process.
(4) When inquiry is required by ORS chapter 146, the medical
examiner shall determine the cause of death and shall complete
and sign the medical certification of death within 48 hours after
taking charge of the case.
(5) If the cause of death cannot be determined within the time
prescribed, the medical certification of death shall be completed
as provided by rule of the state registrar. The attending
physician or medical examiner shall give the funeral service
practitioner or person acting as such notice of the reason for
the delay and final disposition of the body shall not be made
until authorized by the attending physician or medical examiner.
(6) Upon receipt of autopsy results or other information that
would change the information in the 'Cause of Death' section of
the certificate of death from that originally reported, the
certifier shall immediately { - file - } { + submit + } a
supplemental report of cause of death { - with - } { + to + }
the Center for Health Statistics to amend the certificate.
(7) When a death is presumed to have occurred within this state
but the body cannot be located, a certificate of death may be
registered by the state registrar only upon receipt from the
State Medical Examiner. Such a death certificate shall be marked
' Presumptive' and shall show on its face the date of
registration.
(8) When a death occurring in this state has not been
registered within the time period prescribed by this section, a
certificate of death may be filed in accordance with rules of the
state registrar. The certificate shall be registered subject to
evidentiary requirements as the state registrar by rule shall
prescribe to substantiate the alleged facts of death.
(9) A certificate of death registered one year or more after
the date of death or the date the dead body was found shall be
marked 'Delayed' and shall show on its face the date of the
delayed registration.
(10) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence and if the deficiencies are not
corrected, the state registrar shall not register the delayed
certificate of death and shall advise the applicant of the right
of appeal under ORS 183.480 to 183.484.
SECTION 2. Section 129, chapter 746, Oregon Laws 1997, as
amended by section 129a, chapter 746, Oregon Laws 1997, is
amended to read:
{ + Sec. 129. + } (1) A certificate of death for each death
that occurs in this state shall be { - filed with - }
{ + submitted to + } the county registrar of the county in which
the death occurred or { - with - } { + to + } the Center for
Health Statistics, or as otherwise directed by the State
Registrar of the Center for Health Statistics, within five days
after death or the finding of a dead body and prior to final
disposition, and shall be registered if it has been completed and
filed in accordance with this section.
(a) If the place of death is unknown, but the dead body is
found in this state, the certificate of death shall be completed
and filed in accordance with this section. The place where the
body is found shall be shown as the place of death. If the date
of death is unknown, it shall be determined by approximation. If
the date cannot be determined by approximation, the date the dead
body is found shall be entered and identified as the date of
death.
(b) When death occurs in a moving conveyance:
(A) In the United States and the body is first removed from the
conveyance in this state, the death shall be registered in this
state and the place where it is first removed shall be considered
the place of death.
(B) While in international waters or air space or in a foreign
country or its air space and the body is first removed from the
conveyance in this state, the death shall be registered in this
state but the certificate shall show the actual place of death
insofar as can be determined.
(c) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
(2) The funeral service practitioner or person acting as such
who first assumes custody of the dead body shall { - file - }
{ + submit + } the certificate of death. The funeral service
practitioner or person acting as such shall obtain the personal
data from the next of kin or the best qualified person or source
available and shall obtain the medical certification from the
person responsible therefor. The funeral service practitioner or
person acting as such shall provide the certificate of death
containing information as specified by rule to identify the
decedent to the certifier within 48 hours after death.
(3) The physician in charge of the care of the patient for the
illness or condition that resulted in death shall complete, sign
and return the medical certification of death to the funeral
service practitioner or person acting as such within 48 hours
after receipt of the certificate of death by the physician,
except when inquiry is required by ORS chapter 146. In the
absence or inability of the physician or with the approval of the
physician, the medical certification of death may be completed by
an associate physician, the chief medical officer of the
institution in which death occurred or the physician who
performed an autopsy upon the decedent, provided that the
individual has access to the medical history of the case and
death is due to natural causes. The person completing the
medical certification of death shall attest to its accuracy
either by signature or by an approved electronic process.
(4) When inquiry is required by ORS chapter 146, the medical
examiner shall determine the cause of death and shall complete
and sign the medical certification of death within 48 hours after
taking charge of the case.
(5) If the cause of death cannot be determined within the time
prescribed, the medical certification of death shall be completed
as provided by rule of the state registrar. The attending
physician or medical examiner shall give the funeral service
practitioner or person acting as such notice of the reason for
the delay and final disposition of the body shall not be made
until authorized by the attending physician or medical examiner.
(6) Upon receipt of autopsy results or other information that
would change the information in the 'Cause of Death' section of
the certificate of death from that originally reported, the
certifier shall immediately { - file - } { + submit + } a
supplemental report of cause of death { - with - } { + to + }
the Center for Health Statistics to amend the certificate.
(7) When a death is presumed to have occurred within this state
but the body cannot be located, a certificate of death may be
registered by the state registrar only upon receipt from the
State Medical Examiner. Such a death certificate shall be marked
' Presumptive' and shall show on its face the date of
registration.
(8) When a death occurring in this state has not been
registered within the time period prescribed by this section, a
certificate of death may be filed in accordance with rules of the
state registrar. The certificate shall be registered subject to
evidentiary requirements as the state registrar by rule shall
prescribe to substantiate the alleged facts of death.
(9) A certificate of death registered one year or more after
the date of death or the date the dead body was found shall be
marked 'Delayed' and shall show on its face the date of the
delayed registration.
(10) When an applicant does not submit the minimum
documentation required by rule of the state registrar for delayed
registration or when the state registrar has cause to question
the validity or adequacy of the applicant's sworn statement or
the documentary evidence and if the deficiencies are not
corrected, the state registrar shall not register the delayed
certificate of death and shall advise the applicant of the right
of appeal under ORS 183.480 to 183.484.
(11) A certificate of death required to be filed under this
section shall contain the Social Security number of the decedent
whenever the Social Security number is reasonably available from
other records concerning the decedent or can be obtained from the
person in charge of the final disposition of the decedent.
SECTION 3. { + Nothing in the amendments to ORS 432.307 or
section 129, chapter 746, Oregon Laws 1997, by section 1 or 2 of
this 1999 Act affects the operative-in-lieu or repealing
provisions of section 1, chapter 746, Oregon Laws 1997. + }
SECTION 4. ORS 432.317 is amended to read:
432.317. (1) The funeral service practitioner or person acting
as such who first assumes possession of a dead body or fetus
shall make a written report to the county registrar in the county
in which death occurred or in which the body or fetus was found
within 24 hours after taking possession of the body or fetus. The
report shall be on a form prescribed and furnished by the State
Registrar of the Center for Health Statistics and in accordance
with rules adopted by the Health Division.
(2) Prior to final disposition of the body, the funeral service
practitioner or person acting as such who first assumes custody
of a dead body shall, prior to final disposition of the body,
obtain written authorization for final disposition of the body
from the physician or medical examiner who certifies the cause of
death as provided in ORS 432.307 (3) on a form prescribed and
furnished by the state registrar. If such practitioner or person
is unable to obtain such written authorization prior to final
disposition of the body, the practitioner or person, with the
oral consent of the physician, the medical examiner or a licensed
health professional authorized to give such consent on behalf of
the physician or medical examiner who is responsible for
certifying the cause of death, may authorize final disposition of
the body on a form prescribed and furnished by the state
registrar.
(3) Prior to final disposition of a fetus, irrespective of the
duration of pregnancy, the funeral service practitioner, the
person in charge of the institution or other person assuming
responsibility for final disposition of the fetus shall authorize
final disposition of the fetus on a form prescribed and furnished
or approved by the state registrar.
(4) With the consent of the physician or medical examiner who
is to certify the cause of death, a dead body may be moved from
the place of death for the purpose of being prepared for final
disposition.
(5) An authorization for final disposition issued under the
laws of another state which accompanies a dead body or fetus
brought into this state shall be authority for final disposition
of the body or fetus in this state. { + Permits for transit or
disposition issued under the laws of another state shall be
authority for transit and final disposition of the body or fetus
in this state. + }
(6) No sexton or other person in charge of any place in which
interment or other disposition of dead bodies is made shall inter
or allow interment or other disposition of a dead body or fetus
unless it is accompanied by authorization for final disposition.
(7) Each person in charge of any place for final disposition
shall include in the authorization the date of disposition and
shall complete and return all authorizations to the county
registrar within 10 days after the date of the disposition. When
there is no person in charge of the place for final disposition,
a responsible party other than the funeral service practitioner
or person acting as such shall complete and return the
authorization to the county registrar within 10 days after the
date of disposition.
(8) Authorization for disinterment and reinterment shall be
required prior to disinterment of a dead body or fetus. The
authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as such,
upon proper application.
{ + (9) Prior to removing a dead body or fetus from the State
of Oregon under section 6 of this 1999 Act, a person acting as a
funeral service practitioner as defined in ORS 432.005 shall
submit a written notice of removal to the county registrar in the
county in which death occurred or in which the body or fetus was
found. The notice shall be on a form prescribed and furnished by
the State Registrar of the Center for Health Statistics and in
accordance with rules adopted by the Health Division. A copy of
the written notice of removal shall serve as a transit permit for
the remains of the decedent named on the notice. + }
SECTION 5. 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.
(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 funeral service practitioner for delivery 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 cemetery or a crematorium as described
in ORS 692.025.
{ + (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 section 6 of this 1999
Act for transportation out of the state or for delivery 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 cemetery or a crematorium as described
in ORS 692.025. + }
SECTION 6. { + (1) The State Mortuary and Cemetery Board shall
issue a certificate of removal registration to a funeral
establishment licensed in another state for the limited purpose
of removing dead human bodies from Oregon, prior to submitting a
certificate of death, if the establishment that will make the
removals applies to the board for a certificate of removal
registration on a form provided by the board. The application fee
established under ORS 692.160 shall accompany the application. A
certificate issued under this subsection expires upon a change of
ownership of the funeral establishment.
(2) For purposes of this section, each branch of a registrant's
funeral establishment is a separate establishment and must be
registered as a fixed place of business.
(3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral
service practitioner who files death certificates in another
state may file an Oregon certificate of death if the funeral
service practitioner is employed by a licensed funeral
establishment registered with the board under this section.
(4) The conduct of a funeral service practitioner or any other
person employed by or acting on behalf of a removal registrant
shall be the direct responsibility of the holder of a certificate
of removal registration.
(5) For any of the causes described in ORS 692.180, or for
violation of any death care rule or law in another state, the
board may impose upon the holder of a certificate of removal
registration or applicant any of the sanctions described in ORS
692.180. + }
SECTION 7. ORS 432.005 is amended to read:
432.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Assistant director' means the Assistant Director for
Health.
(2) 'Dead body' means a human body or such parts of such human
body from the condition of which it reasonably may be concluded
that death occurred.
(3) 'Division' means the Health Division of the Department of
Human Resources.
(4) 'Fetal death' means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy. The death is indicated
by the fact that after such expulsion or extraction the fetus
does not breathe or show any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of the voluntary muscles.
(5) 'File' means the presentation and acceptance of a vital
record or vital report provided for in this chapter by the Center
for Health Statistics.
(6) 'Final disposition' means the burial, interment, cremation,
removal from the state or other authorized disposition of a dead
body or fetus { + , except that when removal from the state is
conducted by the holder of a certificate of removal registration
issued under section 6 of this 1999 Act, the final disposition
may not be considered complete until the certificate of death is
filed + }.
(7) 'Induced termination of pregnancy' means the purposeful
interruption of an intrauterine pregnancy with the intention
other than to produce a live-born infant and that does not result
in a live birth.
(8) 'Institution' means any establishment, public or private,
that provides inpatient or outpatient medical, surgical or
diagnostic care or treatment or nursing, custodial or domiciliary
care, or to which persons are committed by law.
(9) 'Live birth' means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, that, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
{ + (10) 'Person acting as a funeral service practitioner '
means:
(a) A person other than a funeral service practitioner licensed
under ORS 692.045, including but not limited to a relative,
friend or other interested party, who performs the duties of a
funeral service practitioner without payment; or
(b) A funeral service practitioner who files death certificates
in another state if the funeral service practitioner is employed
by a funeral establishment licensed in another state and
registered with the State Mortuary and Cemetery Board under
section 6 of this 1999 Act. + }
{ - (10) - } { + (11) + } 'Physician' means a person
authorized or licensed under the laws of this state to practice
medicine, osteopathy, chiropractic or naturopathic medicine.
{ - (11) - } { + (12) + } 'Registration' means the process
by which vital records and vital reports are completed, filed and
incorporated into the official records of the Center for Health
Statistics.
{ - (12) - } { + (13) + } 'State registrar' means the State
Registrar of the Center for Health Statistics.
{ - (13) - } { + (14) + } 'System of vital statistics'
means the registration, collection, preservation, amendment and
certification of vital records and vital reports; the collection
of other reports required by this chapter, and activities related
thereto including the tabulation, analysis, dissemination and
publication of vital statistics and training in the use of health
data.
{ - (14) - } { + (15) + } 'Vital records' means
certificates or reports of birth, death, marriage, dissolution of
marriage and data related thereto.
{ - (15) - } { + (16) + } 'Vital reports' means reports of
fetal death, induced termination of pregnancy, suicide attempts
by persons under 18 years of age and survey and questionnaire
documents and data related thereto.
{ - (16) - } { + (17) + } 'Vital statistics' means the data
derived from certificates and reports of birth, death, fetal
death, induced termination of pregnancy, marriage, dissolution of
marriage, suicide attempts by persons under 18 years of age and
related reports.
SECTION 8. ORS 692.045 is amended to read:
692.045. (1) The State Mortuary and Cemetery Board shall issue
a license to an individual to practice as a funeral service
practitioner if the individual meets the following requirements:
(a) The individual must apply to the board for a funeral
service practitioner's license on an application form provided by
the board.
(b) The individual must pass an examination conducted by the
board under ORS 692.070 following application for the funeral
service practitioner's license.
(c) The individual must successfully complete practical
experience as a funeral service practitioner's apprentice under
ORS 692.190.
(2) An individual may not take an examination under ORS 692.070
until the individual has provided written evidence of graduation
from an associate degree program meeting the requirements
established by board rule.
{ + (3) Notwithstanding subsection (2) of this section, an
applicant with four years of experience as a licensed funeral
service practitioner or embalmer in another state is not required
to provide written evidence of graduation from an associate
degree program in order to take the examination under ORS
692.070. + }
SECTION 9. 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
establishment license, an immediate disposition company license,
a certificate of authority for a cemetery, a certificate of
authority for a crematorium, 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.
(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.
(c) A fee covering the renewal of a funeral service
practitioner license or an embalmer 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.
(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 shall expire on January 1 in
even-numbered years unless renewed as provided in this section.
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 expire on January 1 in
odd-numbered years unless renewed as provided in this section.
(3) The board shall mail to each licensed funeral service
practitioner, to each licensed embalmer, 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, 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 to each licensed funeral service practitioner and
to each licensed embalmer on or before November 1 of each
odd-numbered year. 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 on or before November
1 of each even-numbered year. On or after July 1, 1986, 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.
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