Oregon Statutes 432.158 – Disposition of remains; rules
(1) Human remains shall be disposed of in accordance with ORS Chapter 97.
Terms Used In Oregon Statutes 432.158
- Authorized representative: means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. See Oregon Statutes 432.005
- Certifier: means a person required to attest to the accuracy of information submitted on a report. See Oregon Statutes 432.005
- 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. See Oregon Statutes 432.005
- Decedent: A deceased person.
- 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, that is not an induced termination of pregnancy. See Oregon Statutes 432.005
- Final disposition: means the burial, interment, cremation, reduction, 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 ORS § 692. See Oregon Statutes 432.005
- Human remains: means a dead body. See Oregon Statutes 432.005
- Interment: means the disposition of human remains by entombment or burial. See Oregon Statutes 432.005
- Medical certifier: means a physician, physician assistant or nurse practitioner licensed under the laws of this state or under the laws of Washington, Idaho or California who has treated a decedent within the 12 months preceding death. See Oregon Statutes 432.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
(2) The funeral service practitioner or person acting as a funeral service practitioner who first assumes possession of a dead body or fetus shall submit written notice to the county registrar in the county in which death occurred or in which the dead body or fetus was found within 24 hours of taking possession of the dead body or fetus. The notice must be on a form prescribed and furnished by the State Registrar of the Center for Health Statistics.
(3) Before the final disposition of a dead body, the funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall obtain written authorization, on a form prescribed and furnished by the state registrar, for final disposition of the dead body from the medical certifier or medical examiner who certifies the cause of death as described in ORS § 432.133. If the funeral service practitioner or person acting as a funeral service practitioner is unable to obtain written authorization before the final disposition of the dead body, the funeral service practitioner or person acting as a funeral service practitioner may authorize, with the oral consent of the medical certifier or medical examiner who is responsible for certifying the cause of death, the final disposition of the dead body on a form prescribed and furnished by the state registrar.
(4) Upon request of a parent or the parent’s authorized representative, a disposition permit may be issued for a fetus that is not reportable as a fetal death.
(5) A permit authorizing final disposition issued under the law of another state that accompanies human remains brought into this state shall have the same force and effect as a permit authorizing final disposition issued by the state registrar.
(6) A person in charge of a place where interment or other disposition of human remains is made may not inter or allow interment or other disposition of human remains unless the human remains are accompanied by a permit authorizing disposition.
(7) A person in charge of a place where interment or other disposition of human remains is made shall indicate on the permit authorizing disposition the date of disposition and return the completed permit to the county registrar of the county where death occurred. If there is no such person, the funeral service practitioner or person acting as the funeral service practitioner shall complete the permit and return it to the county registrar of the county where death occurred.
(8) Except as provided in ORS § 97.223, disinterment of human remains requires authorization for disinterment and reinterment. The state registrar may issue authorization for disinterment and reinterment to a funeral service practitioner or person acting as a funeral service practitioner upon application, as required by the state registrar by rule.
(9) Prior to removing a dead body or fetus from this state under ORS § 692.270, a funeral service practitioner or a person acting as a funeral service practitioner shall submit a written notice of removal to the country registrar in the county in which death occurred or in which the dead body or fetus was found. The notice shall be on a form prescribed and furnished by the state registrar. A copy of a written notice of removal serves as a permit for transporting the remains of a decedent named on the notice. [Formerly 432.317; 2019 c.241 § 4]
[Repealed by 1971 c.743 § 432]