Oregon Administrative Code

824-010-0005 Definitions (1) “Accredited college or university” means a college or university as listed in the Council on Higher Education database, or evaluated through the National Association of Credential Evaluations Services or World Education Services for equivalency. (2) “…

824-020-0040 Authorization Fees (1) Fees established by the Board are: (a) Applications: (A) Behavior Analyst – $150. (B) Assistant Behavior Analyst – $125. (C) Behavior Analysis Interventionist – $75. (b) Original license or registration – valid for one year: (A) Behavior Analys…

824-030-0010 Licensing of Behavior Analyst An individual applying for licensure as a Behavior Analyst must: (1) Submit a completed application form, which must contain the information listed in OAR 331- 030-0000 and be accompanied by payment of the required application fees. (2) …

824-030-0020 Licensing of Assistant Behavior Analyst An individual applying for licensure as an Assistant Behavior Analyst must: (1) Submit a completed application form, which must contain the information listed in OAR 331-030-0000 and be accompanied by payment of the required ap…

824-030-0040 Registration of a Behavior Analysis Interventionist (1) An individual applying for registration as a Behavior Analysis Interventionist must: (a) Submit a completed application form, which must contain the information listed in OAR 331-030-0000 and be accompanied by p…

824-036-0001 Requirements for Licensure An individual applying for licensure as a Behavior Analyst through the legacy path must: (1) Have submitted a declaration of practice to the Office on or before April 30, 2016. (2) Submit a completed application form, which must contain the…

824-040-0010 Training and Supervision (1) Prior to the Registered Behavior Analysis Interventionist providing any independent service delivery to clients, the interventionist must: (a) Enter into an agreement with each supervisor using the form available on the Office’s website. …

824-050-0010 Renewal of License and Registration (1) An authorization is subject to the provisions of OAR chapter 331 division 30 regarding the renewal of an authorization, and provisions regarding the use of the title, identification and requirements for issuance of a duplicate …

824-060-0010 Standards of Practice (1) In Oregon, the statutory definition of applied behavior analysis is stated in 676.802 (1)(a)-(b). (2) For both behavior analysts and assistant behavior analysts, the Board adopts sections 1-9 of the 2016 “BACB Professional and Ethical Compli…

824-060-0020 Behavior Analysis Interventionist Professional Methods and Procedures A registered behavior analysis interventionist is subject to ORS 676.612 and OAR 331-020-0075. In addition, a registered behavior analysis interventionist must: (1) Only perform duties within their…

824-070-0005 Continuing Education Requirements (1) To maintain licensure, a behavior analyst must complete a minimum of 16 hours of continuing education every licensure year. At least one hour of continuing education must relate to ethics in applied behavior analysis as defined i…

824-070-0010 Continuing Education Audit, Required Documentation and Sanctions (1) The Office will audit 10 percent of licensees, to verify compliance with continuing education requirements. (2) Licensees who are selected for audit must submit satisfactory evidence of participatio…

830-001-0000 Model Rules of Procedure and Notice of Proposed Rulemaking (1) The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, which became effective January 1, 2012, are by this reference adopted as rules of administrative procedure of the B…

830-011-0000 Definitions (1) “Alkaline hydrolysis” is the alternative disposition process that uses water, alkaline chemicals, heat, and sometimes pressure and agitation to accelerate the conversion of human remains until bone fragments and a neutral liquid (effluent) remain. (2)…

830-011-0010 Employees, Meetings, Officers of the Board (1) The Board shall employ an executive director, investigator, inspector and other office personnel to maintain the office of the Board, answer correspondence, and perform those duties necessary in carrying out the provisio…

830-011-0020 Trainee (Apprenticeship) — Generally (1) Apprenticeship for embalmer, funeral service practitioner, or intern apprentice must be served under persons who are and have been licensed and working in Oregon for at least one aggregate year within the last ten years. (a) A…

830-011-0040 Completion of Funeral Service Practitioner and Embalmer Apprenticeship and Examination (1) Once an apprenticeship has been completed and verified by the Board, the individual may sit for the applicable exam. An FSP trainee (apprentice) may choose to take the exam bef…

830-011-0050 Background Investigation Required Prior to Oregon Licensure (1) All applicants for individual or facility licenses and principals of facilities seeking or holding a license must submit to a background investigation. The background investigation may include, but is no…

830-011-0065 Temporary Burial Permit (1) The Oregon Mortuary and Cemetery Board (Board) may grant a temporary burial permit authorizing interment in a cemetery that does not hold a current, valid license or registration for the sole purpose of facilitating an at-need burial in ac…

830-011-0070 Registration of Preneed Salespersons and Endowment Care Cemetery Salespersons (1) Applicants for registration as a preneed salesperson must apply on the most current form provided by the Board, pay the preneed salesperson fees set forth in OAR 830-020-0040 and submit…

830-011-0080 Grounds for Civil Penalty, Revocation, Suspension or Refusal to Issue or Renew a Preneed Salespersons Registration (1) In accordance with ORS 97.933(5), the Holder of a Certificate of Registration is responsible for the conduct of their preneed salespersons. Therefor…

830-020-0000 Applications and Examinations for Funeral Service Practitioner and Embalmer Licenses (1) All applications for funeral service practitioner and embalmer licenses by examination, accompanied by the examination fee prescribed by ORS Chapter 692, must be received in the …

830-020-0010 License Fee Due After Examination A license fee which is not received at the office of the Board within 30 days following receipt of notice of successful completion of the examination and completion of the apprenticeship for funeral service practitioner or embalmer s…

830-020-0015 Disaster Mutual Aid Agreement In instances of a State emergency or disaster, it is the intention of the Oregon State Mortuary and Cemetery Board to allow funeral service practitioners and embalmers similarly licensed in other states, who are members of a disaster mor…

830-020-0020 Funeral Service Practitioner and Embalmer Licenses; Mili-tary Leave (1) Funeral service practitioners and embalmers shall be licensed only after compliance with ORS Chapter 692, and rules adopted thereunder. Licenses for funeral service practitioner and embalmer will…

830-020-0030 Reciprocal Licensure (1) An applicant for reciprocal licensure must apply to the Board on the most current form provided by the Board. The application must be accompanied by the following: (a) The reciprocal fee listed in OAR 830-020-0040; (b) A copy of the applicant…

830-020-0040 License, Certificate and Registration Fees (1) Initial application fees: (a) Funeral establishment, immediate disposition company, crematory, alternative disposition facility or a cemetery that performs more than ten interments annually — $150 (includes first princip…

830-020-0050 Administrative Fees (1) The Mortuary and Cemetery Board may charge a fee reasonably calculated to reimburse the agency for costs of providing and conveying copies of public records. A schedule of administrative fees will be approved as necessary by the Board and will…

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 final dispos…

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 trainee (apprentice) sh…

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 ha…

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 wrappe…

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 at…

830-030-0040 Holding Human Remains for Cremation and Cremation of Human Remains (1) All persons operating cremation, dissolution or natural organic reduction equipment must be properly trained on the operation of such equipment, If required, each operator must obtain and maintain…

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, insof…

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 afte…

830-030-0070 Transportation and Care of Persons Who Have Died of or With Communicable Diseases (1) Except for transportation of human remains from place of death to a licensed facility or other holding facility, transportation of persons who have died of or with communicable dise…

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 hou…

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 p…

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 cond…

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 o…

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 "Th…

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 …

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 shelv…

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, ma…

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 establi…

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 recor…

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 l…

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 …

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 s…