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Duties Of Funeral Service Practitioner Crematory Authority — Cemetery Authority — Alternative Disposition Facility Authority


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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MORTUARY AND CEMETERY BOARD

 

DIVISION 30
DUTIES OF FUNERAL SERVICE
PRACTITIONER

CREMATORY AUTHORITY — CEMETERY AUTHORITY — ALTERNATIVE DISPOSITION FACILITY AUTHORITY

830-030-0000
In General
(1) No licensee,
operator of a licensed facility, or their agent may interfere with another licensee,
operator of a licensed facility, or their agent who has been legally called to take
care of human remains, or perform services relating to the disposition of human
remains. The choice of licensed facility or licensed person must be left entirely
to the individual with the legal right to control final disposition
(2) Alternative
Disposition Facility Authorities must comply with the requirements in this division
(Division 30) for the handling and tracking of human remains prior to, during, and
after cremation as if the Alternative Disposition Facility Authority is a Crematory
Authority, the alternative disposition remains are cremated remains and the dissolution
chamber is a cremation chamber.
(3) Alternative
Disposition Facility Authorities using alkaline hydrolysis for dissolution must
comply with the following requirements:
(a) The Alternative
Disposition Facility Authority must only employ a purpose-built vessel as a dissolution
chamber.
(b) Dissolution
systems which operate above atmospheric pressure must only employ an American Society
of Mechanical Engineers’ (ASME) certified pressure vessel as a dissolution
chamber.
(c) The dissolution
system must use parameters of heat, time and solution circulation sufficient to
achieve complete dissolution of all tissue remains.
(d) The Alternative
Disposition Facility Authority must ensure that the discharge liquid that is a byproduct
of the dissolution process meets the facility’s sewage collection and treatment
facility requirements regarding acceptable temperature and pH level.
(4) It is
the responsibility of the funeral service practitioner or person acting as a funeral
service practitioner as that term is defined in ORS Chapter 432.005(11) to ensure
that an identifying metal disc with a number assigned by the State Registrar's Office
imprinted on the disc is attached to the casket or other receptacle containing human
remains, or is attached to the remains if there is no receptacle.
(a) When
human remains are to be cremated the identifying metal disc must be secured to the
head end of the receptacle, or to the remains if no receptacle is used, at all times
until the remains are placed in the cremation chamber.
(b) When
human remains are going to be buried or entombed, the identifying metal disc must
be attached to the head end of the casket or receptacle, or to the remains if no
receptacle is used.
(c) The number
on the identifying metal disc must be written or typed on the certificate of death
and final disposition permit by the responsible funeral service practitioner or
person acting as a funeral service practitioner as that term is defined in ORS Chapter
432.005(11).
(5) It is
the responsibility of the Crematory Authority to see that the identifying metal
disc accompanies human remains through the cremation process.
(6) It is
the responsibility of the Cemetery Authority or Crematory Authority to see that
the identifying metal disc is properly secured to each receptacle containing human
remains, or, when no receptacle is used, to the remains, when remains are delivered
to the facility and that the number on the identifying metal disc is the number
recorded on the final disposition permit. The Cemetery Authority or Crematory Authority
must sign the final disposition permit verifying this fact prior to accepting the
remains. The Cemetery Authority or Crematory Authority may not accept remains without
the proper identifying metal disc unless death occurred in a state other than Oregon.
(7) If, when
the human remains are delivered to the crematory, cemetery or alternative disposition
facility, no metal disc is attached to the receptacle or remains as required, or
the disc number does not match the permit number as required, the funeral service
practitioner or person acting as a funeral service practitioner as that term is
defined in ORS Chapter 432.005(11) must retain responsibility for the proper care
and storage of the remains until the correct disc is obtained and ensure it is affixed
to the receptacle or remains. If the discrepancy cannot be resolved prior to any
scheduled service, the funeral service practitioner or person acting as a funeral
service practitioner as that term is defined in ORS Chapter 432.005(11), must take
responsibility for notifying the person with the legal right to control final disposition
that the disposition is postponed.
(8) If human
remains or partial human remains, other than processed cremated remains, are discovered
in a presumed unoccupied grave or crypt when opening the grave or crypt for purposes
of an interment, the following is the responsibility of the cemetery authority:
(a) The cemetery
authority must report the discovery to the Board on a form that has been approved
by the Board.
(b) The cemetery
authority must exercise diligence under the circumstances to identify the human
remains.
(c) If positive
identification of the remains is made, and if disinterment is not authorized pursuant
to ORS 97.220 or 146.045, the human remains must not be further disturbed, the interment
space must be immediately closed and the cemetery authority must update the cemetery
records for that grave or crypt to include all relevant information known to the
cemetery authority regarding the human remains, as outlined in OAR 830-040-0000
and ORS 97.720.
(d) If the
human remains cannot be identified, and if disinterment is not authorized pursuant
to ORS 97.220 or 146.045, the human remains must not be further disturbed, the interment
space must be immediately closed, and the cemetery records must reflect that the
interment space is occupied by unidentified remains, the date of discovery, and
indicate that the space is not available for further interments.
(e) If the
human remains are positively identified as remains that were originally interred
in a grave adjacent to the opened grave but entered the opened grave during excavation
or due to the operation of natural forces underground, the cemetery authority must
make a reasonable effort to return all soil, human remains, and funerary objects
to the interment space from which the material originated. The cemetery authority,
if feasible, may then proceed with opening the unoccupied grave for interment.
(9) If processed
cremated remains are discovered in a presumed unoccupied grave, crypt or niche when
opening the grave, crypt or niche the following is the responsibility of the cemetery
authority:
(a) The cemetery
authority must report the discovery to the Board on a form that has been approved
by the Board.
(b) If the
cremated remains are identified, the cemetery authority must use reasonable diligence
under the circumstances to determine if such cremated remains were placed with the
permission of the cemetery authority. If no such permission was given, the cemetery
authority must attempt to deliver the cremated remains to a person within the first
applicable listed class in ORS 97.130(2).
(c) If the
cremated remains cannot be identified or if the cemetery authority is unable to
deliver the cremated remains to a person within a listed class under ORS 97.130(2),
the cemetery authority must hold the cremated remains indefinitely and at a minimum,
place the cremated remains in a common grave, crypt or niche, and record the specific
location of the remains therein.
(d) The cemetery
authority must retain a permanent record of the known circumstances of the cremated
remains including at a minimum: The original location where the cremated remains
were discovered, the steps taken to identify and deliver the cremated remains, and
the ultimate re-disposition of the cremated remains.
(10) When
a licensee arranges for the scattering of cremated remains, the licensee must include
in the licensee’s permanent records the final location of the cremated remains
and make the identifying metal disc a part of the licensee's permanent record.
(11) It is
the responsibility of the funeral establishment or immediate disposition company
licensee handling the disposition of human remains to pay the death certificate
filing fee as required in ORS 432.312(1). This fee must be paid within 30 days after
the billing and, in no case longer than 90 days after the billing. Failure to pay
death certificate filing fees is cause for disciplinary action by the Board.
(12) It is
the responsibility of each licensed facility to assign a manager for each facility
and to notify the Board in writing within 30 days of the assignment. In the case
of funeral establishments and immediate disposition companies, the manager must
be an Oregon licensed funeral service practitioner.
(13) Upon
providing written notification to the Board, a funeral service practitioner may
be permitted to manage two funeral establishments or two immediate disposition companies,
or one of each. A funeral service practitioner may be authorized by the Board to
manage more than two funeral establishments or immediate disposition companies,
or a combination of same, upon providing a written request to the Board that describes
the basis for the request. The Board may approve the request after consideration
of relevant facts or circumstances including, but not limited to, information that
the Board may request from the funeral service practitioner.
Stat. Auth.: ORS
692.160 & 692.320

Stats. Implemented:
ORS 692.180 & 692.405

Hist.: FDB
13, f. 9-9-74, ef. 3-1-75; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. &
ef. 10-21-86; Renumbered from 830-010-0150; MCB 1-1989, f. & cert. ef. 2-6-89;
MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97;
MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2009, f. & cert. ef. 7-1-09; MCB
1-2012, f. 3-27-12, cert. ef. 4-1-12; MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
830-030-0004
Scope
of Practice
The purpose of
this rule is to establish an acceptable scope of practice for licensed funeral service
practitioners, embalmers, and preneed salespersons.
(1) Only
a funeral service practitioner or funeral service practitioner apprentice shall:
(a) Work
directly with at need persons to arrange for the disposition of human remains; and
(b) Coordinate
and direct the various tasks associated with performing funeral services for at
need persons including but not limited to: taking all vital information on the deceased
for the purpose of filing the death certificate; arranging for transportation of
the remains; coordinating the services for final disposition; supervising or otherwise controlling the care, preparation,
processing and handling of human remains.
(2) Only a registered preneed
salesperson or other funeral service licensee shall engage in prearrangement or
preconstruction sales.
(3) A
preneed funeral service salesperson shall not engage in at need funeral arrangements
or sales.
(4) Only
a licensed embalmer or embalmer apprentice may provide the necessary handling and
preparation of human remains, e.g. washing, disinfecting, setting features, embalming,
repair and supervising dressing.
Stat. Auth.:
ORS 692.320

Stats.
Implemented: ORS 692.025

Hist.:
MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98;
MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
830-030-0008
Scope of License
The purpose of this rule is
to establish an acceptable scope of license for funeral establishments and immediate
disposition companies.
(1) Only a licensed funeral
establishment may:
(a) Have facilities for the
care and preparation, processing and handling of human remains before the remains
undergo disposition;
(b) Offer embalming, employ
a licensed embalmer, have on premises either a preparation room or holding room
to care for and prepare human remains; and
(c) Offer viewing of human remains.
(2) An Immediate Disposition
Company may only arrange for immediate final dispositions without viewing or visitation,
or a ceremony with the human remains present except for a graveside service.
Stat. Auth.: ORS 183.341 &
692.320

Stats. Implemented: ORS 692.025

Hist.: MCB 1-1997, f. 6-18-97,
cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2012, f. 3-27-12,
cert. ef. 4-1-12
830-030-0010
Care of Human Remains
(1) All human remains that will
be embalmed must be disinfected by approved disinfecting solutions in such manner
to help eliminate the danger of spreading diseases or infection. All human remains
that are not going to be embalmed must be wrapped in a sheet. If human remains are
to be held longer than 24 hours, the remains must, at minimum, either be embalmed
or refrigerated at 36 degrees F. or less until final disposition.
(2) It is the duty of funeral
service practitioners and embalmers to see that every precaution is taken to prevent
the spread of infections from persons who have died of or with communicable diseases.
(3) An embalmer must not embalm
human remains without obtaining written or oral permission of a person who has the
right to control the disposition of the remains. When oral permission is received
to embalm, the licensee obtaining the oral permission must document the oral permission
in writing. Documentation must include the name and phone number of the authorizing
agent, relationship to the deceased, date and time oral permission was obtained,
and printed name and signature of the licensee or facility representative acquiring
the oral authorization. An authorizing agent must confirm the oral permission on
a written, signed embalming authorization form as outlined in OAR 830-040-0000(7).
(4) All human remains must undergo
final disposition within ten days after a licensed funeral establishment takes possession
of the remains. If human remains are going to be kept longer than a ten-day period
due to exigent circumstances, it is the responsibility of the licensee responsible
for those human remains to notify the Board's office.
Stat. Auth.: ORS 692.160 &
692.320

Stats. Implemented: ORS 97.130
& 692.025

Hist.: FDB 13, f. 9-9-74, ef.
3-1-75; FDB 1-1979, f. & ef. 2-21-79; SMB 1-1984, f. & ef. 10-22-84; MCB
1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0155; MCB 1-1989, f. &
cert. ef. 2-6-89; Renumbered (1)(a) thru (k) to 830-011-0000; MCB 1-1993, f. 4-14-93,
cert. ef. 4-16-93; MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1998, f. &
cert. ef. 6-22-98; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
830-030-0030
Removal and Identification
of Human Remains
(1) In accordance with the identifying
requirements established in ORS 692.405, the Crematory Authority must, immediately
upon taking custody of human remains, verify that the human remains bear a means
of identification attached as described in OAR 830-030-0000(4), (5), (6) and (7).
A Crematory Authority must not cremate human remains without an identifying metal
disc unless death occurred in a state other than Oregon.
(2) Documents identifying the
human remains placed in the custody of a Crematory Authority prior to cremation
must contain the following information:
(a) Name of deceased;
(b) Date of death;
(c) Place of death;
(d) Name and relationship of
authorizing agent; and
(e) Name of authorizing agent
or firm engaging crematory services.
(3) If the Crematory Authority
takes custody subsequent to the human remains being placed within a cremation container,
the Crematory Authority must satisfy itself that identification has been made as
described in section (2) of this rule, and thereafter must place a similar appropriate
identification upon the exterior of the cremation container.
Stat. Auth.: ORS 692.320

Stats. Implemented: ORS 692.405

Hist.: MCB 1-1986, f. &
ef. 10-21-86; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12,
cert. ef. 4-1-12
830-030-0040
Holding Human Remains
for Cremation and Cremation of Human Remains
(1) All persons operating cremation
or dissolution equipment must be properly trained on the operation of the equipment.
If relevant, each operator must obtain and maintain all required permits or certifications
for operating the equipment.
(2) The Crematory Authority
must not proceed with disposition of human remains without obtaining written permission
of the person who has right to control the disposition of the remains.
(3) When the Crematory Authority
is unable to proceed with disposition of the human remains immediately upon taking
custody, the Crematory Authority must place the remains in a room that must be marked
as "Private" or "Authorized Entry Only".
(4) Human remains held at a
crematory that are not embalmed must be held only within a refrigerated facility
in accordance with OAR 830-030-0010(1) and 830-030-0060(1).
(5) The unauthorized simultaneous
cremation of more than one human remains within the same cremation chamber is specifically
forbidden. It may be done only when authorized as provided in section (7) of this
rule.
(6) Immediately prior to being
placed within the cremation chamber, the identification of the human remains must
be verified by the Crematory Authority staff. For Oregon deaths, confirmation includes
verification that the number on the identifying metal disc is the number recorded
on the final disposition permit. The identifying metal disc must be attached to
the outside of the cremation chamber where it must remain until the cremation process
is complete.
(7) A Crematory Authority may
only permit the simultaneous cremation of more than one human remains within the
same cremation chamber upon having received such written authorization to do so
from the authorizing agent of each human remains. A written authorization exempts
the Crematory Authority from all liability for commingling the remains.
Stat. Auth.: ORS 692.320

Stats. Implemented: ORS 692.025,
692.275 & 692.405

Hist.: MCB 1-1986, f. &
ef. 10-21-86; MCB 1-1988, f. & cert. ef. 2-10-88; MCB 1-1989, f. & cert.
ef. 2-6-89 ; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert.
ef. 6-22-98; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
830-030-0050
Processing of Cremated
Remains
In order to protect the public's
interests and to prevent any misrepresentation in the conduct of doing business,
the crematory authority must process cremated remains in the following manner:
(1) Upon completion of the cremation,
insofar as is possible, all residual of the cremation process must be removed from
the cremation chamber and the chamber swept clean. The residual must be placed within
a container or tray that will prevent commingling with other cremated remains and
the identification removed from the cremation chamber and attached to the container
or tray to await final processing;
(2) All residual of the cremation
process must undergo final processing;
(3) The entire processed cremated
remains must be placed in a cremated remains container. The identifying metal disc
must be placed on or in the container. The cremated remains must not contain any
other object unrelated to the cremation process unless specific authorization has
been received from the authorizing agent;
(4) If the entire processed
cremated remains will not fit within the dimensions of the cremated remains container,
the remainder must be returned either in a separate container, or, upon written
permission of the authorizing agent, be disposed of according to the established
procedures of the Crematory Authority; and,
(5) The following information
will be affixed to the temporary receptacle or attached to the permanent receptacle
for cremated remains: deceased name, date of death, identifying metal disc number,
name of funeral home, and name of crematory.
Stat. Auth.: ORS 183.341, 183.545
& 692.320

Stats. Implemented: ORS 692.025
& 692.275

Hist.: MCB 1-1986, f. &
ef. 10-21-86; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97,
cert. ef. 7-1-97; MCB 1-2009, f. & cert. ef. 7-1-09; MCB 1-2012, f. 3-27-12,
cert. ef. 4-1-12
830-030-0060
Rules for Transportation of Human Remains (Does not Include Removal of Deceased from Place of Death to Funeral Establishment, Cemetery, Crematory or Other Holding Facility)
(1) When an unembalmed human remains is to be transported to a destination after 24 hours after death the remains may be removed from refrigeration and transported as described in OAR 830-030-0080(1) providing that the remains can be transported to its destination within the six hour time-frame. If the remains cannot be transported to its destination within the six hour time-frame, it shall be embalmed or placed in a sealed rigid container.
(2) No disinterred human remains shall be transported from one cemetery to another within the State of Oregon or transported out of the state, except by permit of the State Health Division. A disinterred human remains shall be any human remains removed from one cemetery to another cemetery (this does not apply to cremated remains).
Stat. Auth.: ORS 183.341, 183.545 & 692.160

Stats. Implemented: ORS 432.317 & 692.025

Hist.: FDB 13, f. 9-9-74, ef. 3-1-75; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0160; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2009, f. & cert. ef. 7-1-09
830-030-0070
Transportation
and Care of Persons Who Have Died of or With Communicable Diseases
(1) Except for transportation
of remains from place of death to a licensed facility or other holding facility,
transportation of persons who have died of or with communicable diseases specified
by the Oregon Health Authority shall be permitted only under the following conditions:
the human remains shall be thoroughly embalmed with approved disinfectant solution;
all orifices shall be closed with absorbent cotton; and the body shall be washed.
(2) Communicable
diseases which apply to this section are as follows:
(a) Acquired
immunodeficiency syndrome;
(b) Diphtheria;
(c) Hemorrhagic
fevers (e.g., Ebola);
(d) Hepatitis
B;
(e) Hepatitis
C;
(f) Hepatitis,
delta;
(g) Human
immunodeficiency virus;
(h) Plague;
(i) Rabies;
(j) Tularemia;
and
(k) Tuberculosis.
(3) If religious
custom or the conditions of the remains prohibit embalming, a human remains shall
be received for transportation by a common carrier if the human remains are placed
in a sealed impervious container enclosed in a strong transportation case or in
a sound container designed for that that purpose enclosed in a sealed impervious
transportation case.
Stat. Auth.: ORS
692.160 & 692.320

Stats. Implemented:
ORS 692.025

Hist.: MCB
1-1986, f. & ef. 10-21-86; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997,
f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2011,
f. 7-29-11, cert. ef. 8-1-11; MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
830-030-0080
Requirements for the Holding of Funerals
(1) If a public or private funeral service and/or public viewing is desired over an unembalmed refrigerated human remains, the unembalmed human remains shall not be removed from refrigeration for longer than a total of six hours. No public or private funeral service or public viewing shall be held over the remains of an unwashed, human remains.
(2) No public viewing shall be held over the remains of persons dead from any of the communicable diseases unless embalmed.
(3) Nothing in this section is meant to limit or discourage identification or private viewing of an unwashed, unembalmed human remains by family members or hinder religious customs.
Stat. Auth.: ORS 183.341, 183.545, 692.160 & 692.320

Stats. Implemented: ORS 692.025

Hist.: FDB 13, f. 9-9-74, ef. 3-1-75; FDB 1-1979, f. & ef. 2-21-79; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered from 830-010-0165; MCB 1-1989, f. & cert. ef. 2-6-89; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98
830-030-0090
Standards of Practice
Every licensee or agent of a
licensed facility of the Oregon Mortuary and Cemetery Board (Board) must abide by
the accepted standards of the Death Care Industry and the minimum standards, including
but not limited to the following standards of practice set forth by the Board. Violations
of the following may be cause for Board action.
(1) Every licensee or agent
of a licensed facility must:
(a) Comply with Oregon Revised
Statutes relating to death care in ORS Chapters 97, 432 and 692; and comply with
the Oregon Public Health Laws;
(b) Implement and follow through
with contractual arrangements with the person with the legal right to control final
disposition;
(c) Assign persons to perform
functions for which they are licensed and which are within their scope of practice/scope
of duties;
(d) Supervise apprentices and
unlicensed persons to whom tasks regulated by this Board are assigned;
(e) Report conduct violating
paragraphs (1)(a) by any death care industry licensee to the Board or the appropriate
law enforcement agency;
(f) Respect the dignity and
rights of clients, regardless of social or economic status, age, race, religion,
gender, gender identity, sexual orientation, national origin, nature of health problems
or disability; and
(g) Respect the dignity of dead
human remains by appropriate handling, including but not limited to, transporting,
refrigerating, embalming, dressing or performing final disposition.
(2) Principals are responsible
for the actions of employees related to the operation of a licensed facility;
(3) A licensed embalmer or embalmer
apprentice must supervise and be responsible for the required sanitizing of the
preparation room or holding room including, but not limited to, embalming tables,
work surfaces, sinks, floors, instruments, and disposal of contaminated waste. A
preparation room or holding room must be sanitized after the use of the room.
(4) Unacceptable conduct by
a licensee or agent of a licensed facility includes:
(a) Abusing a corpse, as defined
in ORS 166.085 and 166.087;
(b) Abusing a client. The definition
of abuse includes, but is not limited to, causing physical or emotional discomfort
or intimidating, threatening or harassing a client;
(c) Failing to report actual
or suspected incidents of client or corpse abuse through the proper channels in
the work place and to the Board or appropriate law enforcement agencies;
(d) Using the death care industry
practitioner/client relationship to exploit the client by gaining property or items
of value from the client for personal gain beyond the compensation for services;
(e) Aiding, abetting, or assisting
any individual to violate or circumvent any law, rule or regulation intended to
guide the conduct of the death care industry;
(f) Failing to perform death
care services for the living or the deceased without discrimination on the basis
of social or economic status, age, race, religion, gender, gender identity, sexual
orientation, national origin, nature of health problems or disability;
(g) Inaccurate or incomplete
record keeping as required by the Board;
(h) Providing false information
on facility records including, but not limited to, filling in another person’s
omissions without consent, signing another person’s name or on their behalf
without authority, recording services or merchandise not provided or that a party
did not agree to, or falsifying data;
(i) Altering a facility record
including but not limited to changing the words, letters, or numbers from the original
document except in the case of a contract modified in accord with the terms of the
contract;
(j) Destroying any document
related to a death care service that must be preserved by law; or
(k) Directing another person
to modify, alter or destroy any document related to death care without legal authority
to do so.
(5) No licensee may:
(a) Practice without an appropriate
Oregon license/certificate or registration;
(b) Allow another person to
use one’s license, certificate or registration;
(c) Use another’s license,
certificate or registration;
(d) Make false or misleading
statements or use fraud or misrepresentation in communications with the Board.
(e) Disclose the contents of
the licensure examination or solicit, accept or compile information regarding the
contents of the examination, before, during or after its administration.
(f) Fail to provide the Board
with requested documents or information within the Board’s jurisdiction;
(g) Fail to cooperate or answer
truthfully or completely inquiries regarding matters within the Board’s jurisdiction;
or
(h) Have an impairment as defined
in ORS 676.303.
Stat. Auth.: ORS 692.160 &
692.320

Stats. Implemented: ORS 692.320

Hist.: FDB 13, f. 9-9-74, ef.
3-1-75; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered
from 830-010-0170; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997, f. 6-18-97,
cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2010(Temp), f. &
cert. ef. 4-1-10 thru 9-27-10; MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10; MCB 1-2011,
f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
830-030-0100
Misleading Business Practices
The following practices
are prohibited and are considered misrepresentation in the conduct of doing business:
(1) Any sales
presentation or practice that conceals or misstates a material fact is considered
a misrepresentation in the conduct of doing business.
(2) Any guarantee
or representation that the prospective purchase would realize a profit by reselling
at a later date.
(3) Any use
of interment space used for the interment of human remains including cremated remains,
other than those of the owner of that space or interment rights thereto, or placement
of other materials belonging to a person other than the owner, without the prior
written authorization by the owner of such space or interment rights. If the person
authorizing such interment or placement of materials represents that he or she has
authority to direct the interment or placement, a licensee is not in violation of
this rule if, after due diligence, the licensee reasonably believes such person
may direct the interment or placement of materials.
(4) Any failure
to comply with the terms of the sales contracts or state or local law requirements,
with respect to irrevocable permanent care, and failure to comply with any other
applicable laws and regulations relating to cemeteries.
(5) Any advertising
or other presentation or indication that a licensee is in any way connected with
the federal government, any other government agency, or any veterans' or other organization.
If a veterans' organization or government agency is referred to in any advertisement,
sales program or presentation the licensee must include a disclaimer in bold type
to the effect that “This facility is not financed or connected in any manner
with any government agency or veteran's or other organization”.
(6) Any use
of advertisements, printed materials, forms, or any other materials that resemble
or suggest official government documents or publications.
(7) In addition
to the provisions of ORS 97.943(8), which provides the purchaser may cancel a revocable
prearrangement contract at any time prior to death and receive a full refund including
earnings, a licensee must, in a preneed sales contract, include a reasonable period
of not less than five business days during which the purchasers may cancel the funeral
or cemetery contract for delivered goods that are unused and undamaged, and during
which the purchaser may cancel any contract for interment rights.
Stat. Auth.: ORS
692.320

Stats. Implemented:
ORS 692.025 & 692.180

Hist.: MCB
1-1986, f. & ef. 10-21-86; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1997,
f. 6-18-97, cert. ef. 7-1-97; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012,
f. 3-27-12, cert. ef. 4-1-12; MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13

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