ORS 97.953
Definitions for ORS 97.951 to 97.982


As used in ORS 97.951 (Short title) to 97.982 (Alteration of document of anatomical gift prohibited):

(1)

“Adult” means an individual who is 18 years of age or older.

(2)

“Agent” means:

(a)

A health care representative or an alternate health care representative appointed under ORS 127.510 (Appointment of health care representative and alternate health care representative); or

(b)

An individual expressly authorized to make an anatomical gift on the principal’s behalf by any record signed by the principal.

(3)

“Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research or education.

(4)

“Body part” means an organ, an eye or tissue of a human being. The term does not include the whole body.

(5)

“Decedent” means a deceased individual whose body or body part is or may be the source of an anatomical gift, and includes a stillborn infant or a fetus.

(6)

Intentionally left blank —Ed.

(a)

“Disinterested witness” means a witness other than:

(A)

A spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift; or

(B)

An adult who exhibited special care and concern for the individual.

(b)

“Disinterested witness” does not include a person to whom an anatomical gift could pass under ORS 97.969 (Authorized recipients of anatomical gifts).

(7)

“Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement, symbol or designation on a driver license, identification card or donor registry.

(8)

“Donor” means an individual whose body or body part is the subject of an anatomical gift.

(9)

“Donor registry” means a centralized database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(10)

“Driver license” means a license or permit issued under ORS 807.040 (Requirements for issuance), 807.200 (Types of permit), 807.280 (Instruction driver permit) or 807.730 (Issuance of limited term driver licenses, permits and identification cards), regardless of whether conditions are attached to the license or permit.

(11)

“Eye bank” means an organization licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

(12)

“Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. “Guardian” does not include a guardian ad litem.

(13)

“Hospital” means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state or a subdivision of a state.

(14)

“Identification card” means the card issued under ORS 807.400 (Issuance) or 807.730 (Issuance of limited term driver licenses, permits and identification cards), or a comparable provision of the motor vehicle laws of another state.

(15)

“Know” means to have actual knowledge.

(16)

“Minor” means an individual who is under 18 years of age.

(17)

“Organ procurement organization” means an organization designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(18)

“Parent” means a parent whose parental rights have not been terminated.

(19)

“Physician” means an individual authorized to practice medicine under the law of any state.

(20)

“Procurement organization” means an eye bank, organ procurement organization or tissue bank.

(21)

“Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a body part that could be medically suitable for transplantation, therapy, research or education. The term does not include an individual who has made a refusal.

(22)

“Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(23)

“Recipient” means an individual into whose body a decedent’s body part has been or is intended to be transplanted.

(24)

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(25)

“Refusal” means a record that expressly states an intent to prohibit other persons from making an anatomical gift of an individual’s body or body part.

(26)

“Sign” means, with the present intent to authenticate or adopt a record:

(a)

To execute or adopt a tangible symbol; or

(b)

To attach to or logically associate with the record an electronic symbol, sound or process.

(27)

“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

(28)

“Technician” means an individual determined to be qualified to remove or process body parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator.

(29)

“Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(30)

“Tissue bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

(31)

“Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. [2007 c.681 §2; 2008 c.1 §33; 2017 c.409 §2; 2018 c.36 §24; 2019 c.701 §15]
Note: See note under 97.951 (Short title).

Source: Section 97.953 — Definitions for ORS 97.951 to 97.982, https://www.­oregonlegislature.­gov/bills_laws/ors/ors097.­html.

97.010
Definitions
97.020
Exemption of certain organizations and cemeteries from certain sections of chapter
97.030
Vested rights not acquired
97.040
Private family burial grounds
97.082
Consent for certain autopsies
97.110
Human remains not to be attached
97.120
Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
97.130
Right to control disposition of remains
97.145
Liability for failure to conform to written instrument directing control of remains
97.150
Disposition of cremated remains
97.153
Diagnostic or therapeutic radioisotopes in body
97.160
Duty of hospital or sanitarium to notify before sending remains to undertaker
97.170
Disposition of unclaimed body of deceased person
97.180
Period within which body may not be used or dismembered
97.190
Post-mortem examination of body
97.200
Disposition of remains after use
97.210
Exceptions to application of ORS 97.170 to 97.200
97.220
Disinterment
97.223
Interment or temporary storage of human remains in case of natural disaster or other emergency
97.310
Survey and subdivision of land
97.320
Filing map or plat and declaration of dedication of land to cemetery purposes
97.330
When dedication is complete
97.340
Effect of dedication
97.350
Dedication to cemetery purposes not invalid
97.360
Resurvey and alteration in shape or size
97.370
Fixing date of hearing
97.380
Hearing
97.390
Assessment of benefits and damages
97.400
Disposal of newly created lots
97.410
Right of adjacent lot owner upon vacation of way
97.420
Effect of failure to object
97.430
Declaration of exercise of police power and right of eminent domain
97.440
Removal of dedication
97.445
Vacating county interest in cemetery real property
97.450
Discontinuance of cemetery and removal of remains and markers
97.460
Requirements for establishment of cemetery or burial park
97.510
Sale and conveyance of plots by cemetery authority
97.520
Sale or offer to sell cemetery plot upon promise of resale at financial profit
97.530
Commission, bonus or rebate for sale of plot or services
97.540
Commission, bonus or rebate for recommendation of cemetery
97.550
Plots are indivisible
97.560
Presumption of sole ownership in grantee of plot
97.570
Spouse has vested right of interment
97.580
Divestiture of spouse’s right of interment
97.590
Transfer of plot or right of interment
97.600
Descent of plot
97.610
Determining occupant of burial plot having co-owners
97.620
Death of co-owner
97.630
Family plots
97.640
Waiver or termination of vested right of interment
97.650
Limitations upon vested right of interment
97.660
Lands of cemetery, crematory or reduction corporation
97.665
Revenues
97.670
Selling land unsuited for burials
97.675
Burial lots or space
97.680
Recording plan
97.710
Power of cemetery authority to make rules and regulations
97.720
Record of interments, cremations and reductions
97.725
Disposal of unclaimed burial spaces
97.730
Gifts and bequests in trust for cemeteries
97.740
Definitions for ORS 97.740 to 97.760
97.745
Prohibited acts
97.750
Permitted acts
97.760
Civil action by Indian tribe or member
97.772
Definition of “historic cemetery.”
97.774
Oregon Commission on Historic Cemeteries
97.776
Commission members
97.778
Chairperson
97.780
Duties
97.782
Listing of historic cemeteries
97.784
Executive secretary
97.810
Endowment care and nonendowed care cemeteries
97.813
Standards of care for and public access to endowment care cemeteries
97.820
Placing cemetery under endowed care
97.823
Prohibitions related to endowment care cemeteries
97.825
Suits to enforce endowed care statutes
97.830
Investment and reinvestment of principal of endowed care funds
97.835
Limitation of duties and liability of trustee
97.840
Cemetery authority authorized to receive and hold gifts of property
97.843
Endowment and special care funds are charitable
97.846
Agreements for care
97.849
Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery
97.852
Receivership of endowment care cemetery
97.865
Application of ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870
Unused and uncared for portions of cemetery declared common nuisances
97.880
Resolution declaring a nuisance
97.890
Complaint
97.900
Summons
97.910
Disuse as prima facie evidence of abandonment
97.920
Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien
97.923
Definitions for ORS 97.923 to 97.949
97.925
Purpose
97.926
Rulemaking authority
97.927
Applicability of ORS 97.923 to 97.949
97.928
Prohibitions
97.929
Exceptions to ORS 97.923 to 97.949
97.931
Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
97.933
Certification of provider of prearrangement or preconstruction sales
97.935
Registration of master trustees
97.936
Emergency orders of suspension or restriction
97.937
Deposit of trust funds made by endowment care cemeteries
97.939
Prearrangement or preconstruction sales contracts
97.941
Prearrangement or preconstruction trust fund deposits
97.942
Appointment of receiver
97.943
Distributions from prearrangement trust fund deposits
97.944
Distributions from preconstruction trust fund deposits
97.945
Funeral and Cemetery Consumer Protection Trust Fund
97.946
Advertising and marketing prohibitions
97.947
Examination of providers and master trustees by director
97.948
Grounds for discipline by director for violation of ORS 97.923 to 97.949
97.949
Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949
97.951
Short title
97.953
Definitions for ORS 97.951 to 97.982
97.955
Purpose of anatomical gift
97.957
Methods of making anatomical gift before death of donor
97.959
Revocation or amendment of anatomical gift by donor or agent or guardian of donor
97.961
Refusal to make anatomical gift
97.963
Effect of making, amending or revoking anatomical gift
97.965
Persons authorized to make anatomical gift of body or body part of decedent
97.967
Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person
97.969
Authorized recipients of anatomical gifts
97.970
Search for document of anatomical gift or refusal
97.971
Delivery of document of gift or refusal not required
97.972
Rights and duties of procurement organizations and others
97.973
Coordination of procurement and use of anatomical gifts
97.974
Immunity of persons acting in accordance with ORS 97.951 to 97.982
97.976
Law governing validity of document of gift
97.977
Donor registry
97.978
Resolution of conflict between potential anatomical gift and advance directive
97.979
Cooperation between medical examiner and procurement organization
97.980
Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
97.981
Purchase or sale of body parts prohibited
97.982
Alteration of document of anatomical gift prohibited
97.983
Relation to Electronic Signatures in Global and National Commerce Act
97.984
Liability of executor who carries out anatomical gift
97.985
Transplants not covered by implied warranty
97.987
Department of Transportation use of federal moneys for cemetery care
97.990
Penalties
97.992
Penalties for ORS 97.937
97.994
Penalties for ORS 97.931, 97.933, 97.941 and 97.943
Green check means up to date. Up to date