Funeral Establishments, Immediate Disposition Companies, Crematoriums, Cemeteries, Alternative Disposition Facilities And Operators Of Same

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_830/830_040.html
Published: 2015

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

 

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MORTUARY AND CEMETERY BOARD

 

DIVISION 40
FUNERAL ESTABLISHMENTS,
IMMEDIATE DISPOSITION COMPANIES, CREMATORIUMS,

CEMETERIES, ALTERNATIVE DISPOSITION
FACILITIES AND OPERATORS OF SAME

830-040-0000
General Principles
(1) Every licensee is responsible
for complying with the provisions of ORS Chapter 692 and rules adopted thereunder,
and any other law pertaining to the duties and responsibilities of the funeral service
practitioner or the operation or licensing of funeral establishments, immediate
disposition companies, cemeteries, crematoriums and alternative disposition facilities.
(2) Alternative Disposition
Facility Authorities must comply with the requirements in this division (division
40) for Crematory Authorities and cremated remains, as if alternative disposition
remains are cremated remains, as if the facility is a Crematory Authority, and as
if dissolution is cremation.
(3) The Board may refuse to
allow use of any facility name that is misleading as to the nature of the facility’s
purpose.
(4) When a person, firm, partnership
or corporation applies to the Board for a facility license, the name on the application
must identify the primary activity of the facility. This name must be the registered
name with the Board and must also be used as the advertised name of the facility.
(5) Each licensed facility must
provide the Board with its true corporate, firm or individual name. Applications
for all licensed facilities must be made on the most current application and specify
the names of all principals. If the principal is a corporation, the application
must include the names of all principals of that corporation.
(6) When there is a change in
any principal of the licensed facility, the licensee must provide the Board with
the name of the new principal(s) on the most current form provided by the Board
within 30 days of the change. If the new principal is a corporation, the licensee
must provide the names of the principals of that corporation to the Board on the
most current form provided by the Board.
(7) All licensees and licensed
facilities must keep a detailed, accurate, and permanent record of all transactions
that are performed for the care, preparation and final disposition of human remains.
The record must set forth as a minimum:
(a) Name of decedent and, when
applicable, the identifying metal disc number provided by the State Registrar’s
office;
(b) Date of death;
(c) Name of person arranging
for delivery of goods and services and the person authorizing the final disposition;
(d) Name of place of disposition.
In cemetery records, the “name of place” means exact location of the
interment of human remains by crypt, niche, or by grave, lot and plot;
(e) The name of the funeral
service practitioner, cemetery, crematory or alternative disposition facility personnel
responsible for making and executing the arrangements pertaining to the delivery
of goods and services;
(f) The name of the embalmer
and funeral establishment responsible for embalming (applies only to funeral establishment
records); and
(g) Written permission for embalming,
final disposition and scattering services from the person who has the right to control
disposition of the human remains pursuant to ORS 97.130(1) and (2). The record of
such authorization must include at a minimum: printed name, signature and phone
number of the authorizing agent and relationship to the deceased, date and time
permission was obtained, and printed name and signature of the licensee or facility
representative acquiring the authorization.
(8) In the case of cremation,
the licensee responsible for making the cremation arrangements must require the
authorizing agent making the cremation arrangements to provide the licensee with
a signed statement specifying the action to be taken regarding delivery of the cremated
remains. A copy of this statement must be retained in the permanent records of the
responsible licensee.
(9) If cremated remains are
not retained by the licensee accepting initial responsibility for the remains, the
licensee must, upon delivery of such cremated remains to another individual, obtain
a signed receipt from that individual. The receipt must include as a minimum: printed
name of the individual receiving the cremated remains, the name of the deceased,
and the date of delivery of the cremated remains, the receiving individual’s
signature and the printed name and signature of the licensee or the licensee’s
representative releasing the cremated remains.
(10) No licensee or operator
of a licensed facility or a licensee’s agent may:
(a) Fail to preserve required
records for inspection by the Board; or
(b) Alter, cancel or obliterate
entries in records required by law to be made, maintained or preserved.
(11) After human remains are
released to the Cemetery Authority, they must be placed in their designated grave,
crypt or vault within 24 hours after taking possession unless exigent circumstances
exist. After human remains are released to the Crematory Authority, those remains
must be cremated and processed within 48 hours unless exigent circumstances exist.
In such exigent circumstances, the facility must notify both the funeral service
practitioner responsible for the arrangements and the office of the Board. The licensed
facility, funeral service practitioner, or person acting as the funeral service
practitioner under ORS Chapter 432, responsible for the arrangements for that deceased,
must notify the family of such exigent circumstances and, at the request of the
cemetery or crematory, pick up and arrange for proper storage of the remains within
24 hours of notification.
(12) No licensee or employee
or agent of a licensed facility, may pay, cause to be paid or offer to pay, and
no person, firm or corporation may receive, directly or indirectly, any commission,
bonus, rebate or other thing of value in consideration for recommending or causing
human remains to be taken to any specific funeral establishment.
(13) Facilities must post their
facility license and certificates of apprenticeship in a conspicuous location for
public viewing. Other individual licenses will be available for inspection upon
request.
(14) Every Cemetery Authority,
Crematory Authority and Alternative Disposition Facility Authority must keep the
Board’s office informed of the location of their permanent records. These
records must be made available for random inspections by the Board at any reasonable
time.
Stat. Auth.: ORS 692.160 &
692.320

Stats. Implemented: ORS 692.025
& 692.160

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 830-010-0200; MCB 1-1988, f. & cert. ef. 2-10-88; 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 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10; MCB 2-2010,
f. 9-23-10, cert. ef. 9-24-10; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
830-040-0005
Contract
Requirements
(1) It is the responsibility
of each licensed facility entering into contracts, either at need, prearrangement
or preconstruction, for death care goods and services to have printed (in a minimum
10-point print) at the bottom of each contract "This facility is licensed and regulated
by the Oregon Mortuary and Cemetery Board" followed immediately by the current area
code and phone number of the Oregon Mortuary and Cemetery Board.
(2) Each
licensed facility must ensure that all contracts (at need, prearrangement or preconstruction)
for death care goods and services have the registered business name and physical
location of the facility printed, in a minimum 10-point font, on the front of the
contract.
Stat. Auth.: ORS
692.320

Stats. Implemented:
ORS 692.320

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; MCB 1-2013, f. 3-25-13, cert. ef. 3-29-13
830-040-0010
Inspection of Licensed
Facilities or Location Where Records Are Kept: Investigations
(1) Facilities must keep their
premises sanitary at all times.
(2) Every licensee must accommodate
the inspector or investigator of the Board in making his or her inspections unless
the licensee can clearly demonstrate that such accommodations will negatively impact
the ability to provide scheduled services to consumers or that exigent circumstances
exist. In such cases and upon the request of the Board, the licensee must make the
reasons known to the Board in writing within ten days following the attempted inspection.
When entry is refused under this section, the Board may obtain and execute warrant
for inspection.
(3) No licensee or employee
of a licensed facility may give false or misleading information to an inspector,
investigator or any other member of the Board while investigating a possible violation
of law or administrative rules.
(4) Every licensee must provide
the Board inspector or investigator a copy of all documents as requested relevant
to the inspection or investigation.
(5) No person, licensee, or
any agent of a licensee, may interfere with any inspection or investigation conducted
by an agent of the Board.
(6) The Board may inform a licensee
of the nature of any complaint against the licensee that is being investigated except
when the Board finds that disclosure of the potential violation would impede the
effectiveness of the investigation, or that a serious danger to the public health
or safety exists.
Stat. Auth.: ORS 692.160 &
692.320

Stats. Implemented: ORS 692.180

Hist.: MCB 1-1986, f. &
ef. 10-21-86; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-2011, f. 7-29-11,
cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12
830-040-0020
Requirements and Specifications
for Preparation Rooms
(1) The preparation room must
be of sufficient size to accommodate an operating or embalming table, a sink with
running water and proper sewerage connections or systems, an instrument table, and
a cabinet or shelves.
(2) The following is required
of preparation and holding rooms:
(a) The interior of the room,
all furnishings, and equipment must be finished with materials that are impervious
to hazardous materials.
(b) Outside ventilation must
be provided for by windows or transoms or forced air ventilation. The installation
must be so arranged that it is not be a menace to public health or offensive to
the public.
(c) The room must be private
and the entry door must be locked at all times. The entry door must be labeled as
"private" or "authorized entry only". This sign must be conspicuous and readable
and must be permanently affixed to the door. The lettering on the sign must not
be smaller than one inch high.
(d) All windows and exterior
doors are to be screened or permanently closed and must be installed in such a manner
that the room must be obstructed from view from the outside and so that fumes and
odors are prevented from entering other parts of the building.
(3) The equipment for preparation
rooms must include the following:
(a) An embalming table which
provides suitable drainage;
(b) A covered waste can, a sink
with running water and sewerage connections, disinfectants and antiseptics;
(c) A first aid emergency kit
for personnel use which must contain the minimum first aid supplies as specified
under the Oregon Safe Employment Act and implementing regulations; and
(d) At least one eye wash station
meeting the requirements of the Oregon Safe Employment Act and implementing regulations
and any additional stations as may be required under those laws.
(4) Instruments used during
an embalming or other preparation must be cleaned and sterilized (either in a steam
sterilizer or by chemicals) after each embalming or preparation. Instruments must
be free of stains and foreign particles.
(5) The preparation room or
holding room must be kept in a sanitary condition at all times.
(6) All facilities must have
a mortuary or hospital refrigeration unit available which is suitable for the storage
of human remains. The refrigeration unit must be in good operating condition and
must be maintained in a sanitary condition at all times. The refrigeration must
be no more than 45 miles from the licensed facility and must comply with all death
care laws.
Stat. Auth.: ORS 692.160 &
692.320

Stats. Implemented: ORS 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 830-010-0205; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1998, f. &
cert. ef. 6-22-98; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12,
cert. ef. 4-1-12
830-040-0030
Name Registered
with Board
Each licensed
facility shall be registered with the State Mortuary and Cemetery Board by its true
corporate, firm or individual name. In addition, one assumed business name, as registered
with the Secretary of State Corporation Division, may be used by such licensed facility
and shall be promptly reported to the Board.
Stat. Auth.:
ORS 692.320

Stats. Implemented:
ORS 692.025

Hist.:
FDB 1-1978, f. & ef. 6-30-78; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986,
f. & ef. 10-21-86; Renumbered from 830-010-0210; MCB 1-2011, f. 7-29-11, cert.
ef. 8-1-11
830-040-0040
Change of Ownership
(1) Prior to a change of ownership,
the prospective new owner must apply to the Board for the issuance of a new license
on the most current forms provided by the Board in the new owner's name. (Refer
to section (4) of this rule). A funeral establishment, immediate disposition company,
cemetery, crematory, or alternative disposition facility must not be operated without
the appropriate license or certificate of authority to operate. The appropriate
fees and disclosures must accompany the application.
(2) All licensed facilities
must receive Board approval prior to the sale or change of ownership of a licensed
facility and provide the Board with a full disclosure of ownership of that licensed
facility including percentages of ownership.
(3) All licensed facilities
must be licensed by the Board and all applications for licenses must specify the
real and true names of the person(s) who own or have an interest in the business
proposed to be licensed by the Board, and must be signed by such person(s) or in
the case of corporations, by a duly authorized officer or agent.
(4) Licenses issued under ORS
692.146 and 692.275 are not transferable. Prior to a change of ownership, sales
or purchase agreements pertaining to such must be conditioned upon the prospective
new purchaser's ability to apply for and obtain the necessary license or certificate
of authority to operate. All licensed or certificated facilities are subject to
the inspection and approval of the Board. Before opening a new facility or continuing
the operation of an existing facility under new ownership, the prospective operator
or new owner must apply to the Board on the most current form provided by the Board
with all ownership and, if applicable, corporate information. Prior to a transfer
of ownership, the prospective new purchaser and seller must notify the Department
of Consumer and Business Services, giving notice of sale to that office, and give
the approximate or intended date of the change of ownership.
(5)
The purchase of a controlling interest (a majority) of assets or stock of an existing
licensed facility will constitute a sale or change of ownership. The person or persons
who own the stock of a licensed facility is considered the ownership of the licensed
facility. Any one person who owns a majority of the stock is considered an owner.
When percentages of stock ownership change any person moving into a majority position
must be required to submit an application on the most current form provided by the
Board for change of ownership.
(6) Corporate Licenses:
(a) The corporate licensee must
notify the Board in writing whenever a person intends to acquire or accumulate ownership
or control of ten percent or more of any class of stock in a licensed facility,
except for stock in a publicly traded corporation;
(b) Except for publicly traded
corporations, the corporate licensee must notify the Board immediately in writing
when there has been a change in an officer or director;
(c) The Board may disapprove
a change or acquisition described in this rule for any of the grounds for which
a license may be denied.
(7) Partnership licensees:
(a) For the purposes of this
rule, a partnership is an association of two or more persons who carry on a business
jointly and who demonstrate an intent to be treated as partners by signing a partnership
agreement, or by entering into a lease or contract under a name different from their
real and true names.
(b) The licensee must obtain
prior written approval from the Board whenever a person intends to become a general
partner in a partnership or intends to acquire or control ten percent or more of
the total investment commitment in a licensed limited partnership.
(c) The licensee must notify
the Board in writing whenever an existing approved partner increases or decreases
his/her investment interest.
(d) The Board may disapprove
a change or acquisition described in this rule for any of the grounds for which
a license may be denied.
(8) Co-licensees: For purposes
of this rule, whenever two or more persons intend to carry on the business jointly
other than as a corporation, partnership, or other approved legal entity, they will
be treated as co-licensees. Corporations, partnerships, individuals, or other legal
entities may become co-licensees. If corporations or partnerships become co-licensees,
they must comply with the requirements pertaining to corporate and partnership licensees.
Stat. Auth.: ORS 183.341, 183.545,
692.160 & 692.320

Stats. Implemented: ORS 692.025
& 692.160

Hist.: FDB 1-1978 f. & ef.
6-30-78; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f. & ef. 10-21-86; Renumbered
from 830-010-0215; MCB 1-1993, 4-14-93, cert. ef. 4-16-93; 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
830-040-0050
Advertising
(1) Any licensed
facility advertising through any media (including but not limited to telephone books,
newspapers, direct mail, bill boards, etc.) must include the licensed facility’s
registered name and physical address as it appears on the Board’s records.
(2) No person,
firm or corporation may advertise, promote, or market at need or preneed funeral
arrangements without first having received a license from the Board.
(3) No cemetery
or cremation facility, or person, firm or corporation may advertise, promote, or
market at need or preneed cemetery or cremation plans without first having received
a certificate of authority to operate that cemetery or crematorium.
(4) No person,
firm or corporation may advertise, promote, or market at need or preneed immediate
disposition or alternative disposition arrangements without having first registered
with the Board.
(5) Any advertisement
or marketing materials which intentionally conceals or misstates a material fact
is considered misrepresentation
(6) Whenever
a funeral establishment states a price for “funeral good” or “funeral
service”, as these terms are defined in the Federal Trade Commission Funeral
Rule, 16 CFR 453.1, on the facility’s website, the facility must include a
hyperlink to the facility’s complete General Price List for funeral goods
and services in effect at that time.
Stat. Auth.: ORS
692.160 & 692.320

Stats. Implemented:
ORS 692.160

Hist.: FDB
1-1978, f. & ef. 6-30-78; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986, f.
& ef. 10-21-86; Renumbered from 830-010-0220; MCB 1-1989, f. & cert. ef.
2-6-89; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; 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; MCB 1-2013,
f. 3-25-13, cert. ef. 3-29-13
830-040-0060
Listing
of Employees — Name
(1) All licensed
facilities shall report to the Board, on a form provided for such purpose, a complete
list of all licensed employees (full-time, part-time, and licensed independent contractors)
at the time of renewal of license.
(2) Any
listing of names of licensed employees of a licensed facility in connection with
that facility shall use the facility's registered name as it appears on the Board's
records.
Stat. Auth.:
ORS 692.160 & 692.320

Stats.
Implemented: ORS 692.025

Hist.:
FDB 1-1978, f. & ef. 6-30-78; SMB 1-1984, f. & ef. 10-22-84; MCB 1-1986,
f. & ef. 10-21-86; Renumbered from 830-010-0225; 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
830-040-0070
Multiple
Establishments at Single Location
The following
criteria shall apply to the operation of more than one funeral establishment at
a single location:
(1) One
or more of the establishments shall give prompt written notice to the Board of the
commencement of the use of the single location and shall give such further notice
thereof as the Board deems reasonable in the circumstances to apprise interested
persons thereof.
(2) For
purposes of funeral establishment inspection sheets, each of the establishments
shall be considered as if they constituted a single establishment.
(3) In
issuing a license to each establishment, the other establishments shall be named
as associated therewith.
Stat. Auth.:
ORS 692.320

Stats.
Implemented: ORS 692.025 & 692.180

Hist.:
FDB 1-1978, f. & ef. 6-30-78; 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 830-010-0230
; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11
830-040-0080
Rental Cover
Where an establishment offers an outside cover for reuse which is to be used in conjunction with a burial or cremation container, the items shall be represented as separate and distinct items. The "cover" is defined as a partial enclosure which appears similar to a casket.
Stat. Auth.: ORS 692.320

Stats. Implemented: ORS 692.320

Hist.: FDB 1-1978, f. & ef. 6-30-78; 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 830-010-0235

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