(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 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 final disposition, or before the bodies are transported out of the State of Oregon.

Terms Used In Oregon Statutes 692.025

  • Board: means the State Mortuary and Cemetery Board. See Oregon Statutes 692.010
  • 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 interments of cremated or reduced remains;

    (d) A scattering garden or other designated area above or below ground where a person may pay to establish a memorial of cremated or reduced remains; or

    (e) A cenotaph, the primary purpose of which is to provide an area 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. See Oregon Statutes 692.010

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Final disposition: means the burial, interment, cremation, dissolution, reduction or other disposition of human remains authorized by the board by rule. See Oregon Statutes 692.010
  • 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. See Oregon Statutes 692.010
  • 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. See Oregon Statutes 692.010
  • 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. See Oregon Statutes 692.010

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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 ORS § 692.143. Regardless of any title used by the individual, an individual practices as a death care consultant if the individual offers, for payment, consultations directly relating to the performance of funeral or final disposition services.

(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 customarily used for the care, preparation or viewing of dead human bodies before the bodies undergo 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.

(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.

(6) A person or city, county or other municipal corporation 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.

(7) A person may not operate a crematorium unless the crematorium meets the requirements of ORS § 692.275.

(8) A person may not operate an alternative disposition facility unless the facility meets the requirements of ORS § 692.275.

(9) 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. [1983 c.810 § 4; 1985 c.207 § 9; 1989 c.177 § 2; 1991 c.542 § 2; 1997 c.638 § 3; 2009 c.709 § 2; 2021 c.296 § 20]

 

[Amended by 1973 c.411 § 2; repealed by 1983 c.810 § 29]

 

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