License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery or crematory operator
(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 (Funeral service practitioner license). 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.
(2) An individual may not practice as an embalmer unless the individual is licensed as an embalmer under ORS 692.105 (Embalmer license). 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 (License to practice as death care consultant). 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 (Application for funeral establishment or immediate disposition company license);
(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 (Application for funeral establishment or immediate disposition company license); 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 (Certificate of authority for operating cemetery, crematorium or facility for final disposition).
(7) A person may not operate a crematorium unless the crematorium meets the requirements of ORS 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition).
(8) 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]
Note: Sections 1 and 3, chapter 430, Oregon Laws 2015, provide:
Sec. 1. Temporary operating permit for cemetery; rules. (1) The State Mortuary and Cemetery Board may grant a temporary operating permit for a cemetery that does not hold a valid license to operate for the purpose of performing an interment. The board may grant the temporary operating permit to a person that holds a license, certificate of authority or registration issued by the board, or to a person who works in the cemetery industry and who the board determines is qualified.
(2) The board may grant the temporary operating permit described in subsection (1) of this section only if a death that necessitates interment has occurred and there is an existing prearrangement sales contract, as defined in ORS 97.923 (Definitions for ORS 97.923 to 97.949), to which the cemetery is a party.
(3) The board shall adopt rules regarding temporary operating permits. The rules adopted under this subsection must require:
(a) That the person granted the temporary operating permit maintain records; and
(b) That the plot location stated in the existing prearrangement sales contract is verified before the interment.
(4) The board may not charge a fee for a temporary operating permit. [2015 c.430 §1]
Sec. 3. Section 1 of this 2015 Act is repealed on January 1, 2018. [2015 c.430 §3]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.