ORS Chapter 692
Chapter 692 — FuneralService Practitioners; Embalmers; Death Care Consultants;
2009 EDITION
FuneralEstablishments; Cemetery and Crematory Operators
FUNERALS;CEMETERIES AND CREMATORIUMS
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
692.010 Definitions
692.025 Licenserequired for funeral service practitioner, embalmer, death care consultant,funeral establishment operator, cemetery or crematory operator
692.040 Applicationof chapter
LICENSING
692.045 Funeralservice practitioner license; application; examination; experience
692.070 Scopeof examination for funeral service practitioner license; notice of examination
692.105 Embalmerlicense; application; qualifications of applicant
692.130 Scopeand conduct of embalmer examination
692.140 Reciprocityfor embalmers or funeral service practitioners
692.143 Licenseto practice as death care consultant; application; qualifications of applicant;fees; rules
692.146 Applicationfor funeral establishment or immediate disposition company license
692.148 Whennew or reissued license, registration or certificate required; fee
692.160 Licenseand certificate fees; expiration date; notice of renewal; rules
692.170 Reinstatementof lapsed licenses
692.180 Groundsfor revocation, suspension or refusal to issue or renew licenses orcertificates; civil penalty; investigation; confidentiality
692.190 Applicationfor and issuance of apprentice registration; conditions and duration ofapprenticeship; rules
692.230 Groundsfor suspension and revocation of certificates of apprenticeship; reregistrationwhen certificate has lapsed or is suspended or revoked; investigation;confidentiality
692.260 Groundsfor revocation, suspension or refusal to renew funeral establishment orimmediate disposition company license
692.265 Licensedenial and civil penalty procedure; rules and orders; judicial review
692.270 Certificateof removal registration for removal of dead human bodies; requirements;sanctions
692.275 Certificateof authority for operating cemetery, crematorium or facility for finaldisposition; fees; registration of certain cemeteries; rules applicable tocrematoriums
STATEBOARD
692.300 StateMortuary and Cemetery Board; appointment; term; qualifications
692.310 Meetings;officers
692.320 Powersand duties; rules
692.330 Compensationand expenses
692.350 Publicationof statutes and rules
692.375 StateMortuary and Cemetery Board Account; disposition of receipts
ENFORCEMENT
692.380 Courtshaving jurisdiction; initiation of proceedings
692.385 Enforcementproceedings instituted by board; relation to other enforcement provisions
692.387 Availabilityof inspection warrants; effect
692.389 Issuanceof inspection warrant upon cause; supporting affidavit; cause of issuance ofwarrant
692.391 Issuanceof inspection warrant by magistrate; examination of applicant; contents andconditions of warrant
692.393 Executionof inspection warrant; presentation of credentials; authority and purpose; timeof expiration
MISCELLANEOUS
692.400 Dutyto report prohibited conduct
692.405 Identifyingreceptacle
692.410 Environmentallysound practices; rules
PENALTIES
692.990 Penalties
GENERALPROVISIONS
692.010Definitions.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;
(c)A columbarium, for permanent cinerary interments;
(d)A scattering garden or other designated area above or below ground where aperson may pay to establish a memorial of cremated remains; or
(e)A cenotaph, the primary purpose of which is to provide an area where a personmay pay to establish a memorial to honor a person whose remains may be interredelsewhere or whose remains cannot be recovered.
(3)“Exempt operating cemetery” means an operating cemetery that has 10 or fewerinterments annually.
(4)“Final disposition” means the burial, interment, cremation, dissolution orother disposition of human remains authorized by the board by rule.
(5)“Holding room” means a room that is located in a licensed facility for thecare, storage or holding of dead human bodies prior to effecting disposition.
(6)“Immediate disposition company” means any business licensed under this chapter,other than a licensed funeral establishment, where a licensed funeral servicepractitioner operates the business of immediate final disposition and wherebusiness records are kept.
(7)“Operating cemetery” means a cemetery that:
(a)Performs interments;
(b)Has fiduciary responsibility for endowment care, general care or special carefunds; or
(c)Has outstanding preneed service contracts for unperformed services.
(8)“Rental cover” means a partial enclosure that appears similar to a casket thatis utilized for viewing purposes and surrounds the burial or cremationcontainer. [Amended by 1957 c.596 §1; 1983 c.810 §3; 1985 c.207 §7; 1987 c.252 §10;1989 c.177 §1; 1997 c.638 §2; 2001 c.224 §1; 2007 c.436 §1; 2009 c.709 §1]
Note: Section 19,chapter 709, Oregon Laws 2009, provides:
Sec.19.The amendments to ORS 692.010, 692.160, 692.180, 692.275 and 692.320 bysections 1, 5, 6, 12 and 13 of this 2009 Act apply to facilities used for finaldisposition of human remains, other than cemeteries and crematoriums, on orafter the operative date specified in section 17 of this 2009 Act [March 31,2010]. [2009 c.709 §19]
Note: The amendmentsto 692.010 by section 1, chapter 709, Oregon Laws 2009, become operative March31, 2010. See section 17, chapter 709, Oregon Laws 2009. The text that isoperative until March 31, 2010, is set forth for the user’s convenience.
692.010. As used in thischapter:
(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.
(3)“Exempt operating cemetery” means an operating cemetery that has 10 or fewerinterments annually.
(4)“Holding room” means a room that is located in a licensed facility for thecare, storage or holding of dead human bodies prior to effecting disposition.
(5)“Immediate disposition” means a direct method of disposition of dead humanremains 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 servicepractitioner operates the business of immediate disposition and where businessrecords are kept.
(7)“Operating cemetery” means a cemetery that:
(a)Performs interments;
(b)Has fiduciary responsibility for endowment care, general care or special carefunds; or
(c)Has outstanding preneed service contracts for unperformed services.
(8)“Rental cover” means a partial enclosure that appears similar to a casket thatis utilized for viewing purposes and surrounds the burial or cremationcontainer.
692.020 [Amended by1973 c.411 §1; repealed by 1983 c.810 §29]
692.025License required for funeral service practitioner, embalmer, death careconsultant, funeral establishment operator, cemetery or crematory operator. (1) Anindividual may not practice as a funeral service practitioner unless theindividual is licensed as a funeral service practitioner under ORS 692.045.Regardless of any title used by the individual, an individual practices as afuneral service practitioner if the individual is engaged directly orindirectly in offering funeral services for payment or supervising or otherwisecontrolling the transportation, care, preparation, processing and handling ofdead human bodies before the bodies undergo final disposition, or before thebodies are transported out of the State of Oregon.
(2)An individual may not practice as an embalmer unless the individual is licensedas an embalmer under ORS 692.105. Regardless of any title used by theindividual, an individual practices as an embalmer if the individual is engagedor 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 fortransportation by railroad, express company or common carrier.
(3)An individual may not practice as a death care consultant unless the individualis licensed as a death care consultant under ORS 692.143. Regardless of anytitle used by the individual, an individual practices as a death careconsultant if the individual offers, for payment, consultations directlyrelating to the performance of funeral or final disposition services.
(4)A person may not operate a funeral establishment unless the establishment meetsthe requirements under this subsection. A place is a funeral establishment ifthe place is customarily used for the care, preparation or viewing of deadhuman bodies before the bodies undergo final disposition, or before the bodiesare 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 meetingrequirements established by the board; and
(d)Have access to hospital or mortuary refrigeration.
(5)A person may not operate an immediate disposition company unless the immediatedisposition company meets the requirements under this subsection. An immediatedisposition company must:
(a)Be licensed at a fixed location under ORS 692.146; and
(b)Be operated by a licensed funeral service practitioner.
(6)A person or city, county or other municipal corporation may not conduct thebusiness of an operating cemetery without first receiving a certificate ofauthority to conduct the business of an operating cemetery under ORS 692.275.
(7)A person may not operate a crematorium unless the crematorium meets therequirements of ORS 692.275.
(8)An applicant for a license or certificate described in this section and aprincipal of a licensed establishment described in this section must consent toa background check, including information solicited from the Department ofState Police. [1983 c.810 §4; 1985 c.207 §9; 1989 c.177 §2; 1991 c.542 §2; 1997c.638 §3; 2009 c.709 §2]
Note: Section 18,chapter 709, Oregon Laws 2009, provides:
Sec.18.Section 4 of this 2009 Act [692.143] 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 this2009 Act apply to persons practicing as death care consultants on or after theoperative date specified in section 17 of this 2009 Act [March 31, 2010]. [2009c.709 §18]
Note: The amendmentsto 692.025 by section 2, chapter 709, Oregon Laws 2009, become operative March31, 2010. See section 17, chapter 709, Oregon Laws 2009. The text that is operativeuntil March 31, 2010, is set forth for the user’s convenience.
692.025. (1) Anindividual may not practice as a funeral service practitioner unless theindividual is licensed as a funeral service practitioner under ORS 692.045. Anindividual practices as a funeral service practitioner if the individual forpayment is engaged directly or indirectly in supervising or otherwisecontrolling the transportation, care, preparation, processing and handling ofdead human bodies before the bodies undergo cremation, entombment or burial, orbefore the bodies are transported out of the State of Oregon.
(2)An individual may not practice as an embalmer unless the individual is licensedas an embalmer under ORS 692.105. An individual practices as an embalmer if theindividual 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 fortransportation by railroad, express company or common carrier.
(3)A person may not operate a funeral establishment unless the establishment meetsthe requirements under this subsection. A place is a funeral establishment ifthe place is used for the care and preparation of dead human bodies before thebodies undergo cremation, entombment or burial, or before the bodies aretransported 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 meetingrequirements established by the board; and
(d)Have access to hospital or mortuary refrigeration.
(4)A person may not operate an immediate disposition company unless the immediatedisposition company meets the requirements under this subsection. An immediatedisposition company must:
(a)Be licensed at a fixed location under ORS 692.146; and
(b)Be operated by a licensed funeral service practitioner.
(5)No person or city, county or other municipal corporation shall conduct thebusiness of an operating cemetery without first receiving a certificate ofauthority to conduct the business of an operating cemetery under ORS 692.275.
(6)A person may not operate a crematorium unless the crematorium meets therequirements of ORS 692.275.
(7)All applicants for licenses, certificates, or licensees under this section andall principals of any licensed establishment must consent to a backgroundcheck, including information solicited from the Department of State Police.
692.030 [Amended by1973 c.411 §2; repealed by 1983 c.810 §29]
692.040Application of chapter. This chapter does not apply to any of thefollowing:
(1)A public institution, medical college, county medical society, anatomicalassociation, college of embalming or institution approved by the Demonstratorof Anatomy to accept bodies for education or research purposes under ORS97.170.
(2)The customs or rites of any religious sect except as to the burial or otherdisposition of their dead.
(3)A person who picks up dead human bodies under the direction of a licensedfuneral service practitioner for delivery to a licensed funeral servicepractitioner, a licensed funeral establishment, an authorized cemetery, anauthorized crematorium or another authorized facility for final disposition ofhuman remains pursuant to an agreement with the funeral service practitioner,if the person is not otherwise engaged in any of the activities of a funeralservice practitioner, an embalmer, a funeral establishment, a death careconsultant, a cemetery or a crematorium as described in ORS 692.025 or anotherauthorized facility for final disposition of human remains as described in ORS692.275.
(4)A person who picks up dead human bodies under the direction of a licensedfuneral service practitioner employed by a funeral establishment registeredunder ORS 692.270 for transportation out of the state or for delivery out ofthe state to a funeral service practitioner, funeral establishment, cemetery orcrematorium pursuant to an agreement with the funeral service practitioner, ifthe person is not otherwise engaged in any of the activities of a funeralservice practitioner, an embalmer, a funeral establishment, a death careconsultant, a cemetery or a crematorium as described in ORS 692.025 or anotherauthorized facility for final disposition of human remains as described in ORS692.275. [Amended by 1957 c.596 §2; 1983 c.810 §5; 1985 c.207 §10; 1999 c.724 §5;2009 c.709 §11]
Note: See first noteunder 692.025.
Note: The amendmentsto 692.040 by section 11, chapter 709, Oregon Laws 2009, become operative March31, 2010. See section 17, chapter 709, Oregon Laws 2009. The text that isoperative until March 31, 2010, is set forth for the user’s convenience.
692.040. This chapterdoes not apply to any of the following: