59 sections in this chapter.
ORS 692.010 Definitions. As used in this chapter
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(1) “Alkaline hydrolysis” or “hydrolysis” means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments …
ORS 692.020 [Amended by 1973 c.411 §1; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.025 License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility. (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. 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
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(2) An individual may not practice as an embalmer unless the individual is licensed as an embalmer under ORS 692.105. 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 fol…
ORS 692.030 [Amended by 1973 c.411 §2; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.040 Application of chapter. This chapter does not apply to any of the following
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(1) A public institution, medical college, county medical society, anatomical association, college of embalming or institution approved by the State Mortuary and Cemetery Board to accept bodies for education or research purposes under ORS 97.170. (2) The customs or rites of any r…
ORS 692.045 Funeral service practitioner license; application; examination; experience. (1) The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a funeral service practitioner if the individual meets the following requirements
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(a) The individual must apply to the board for a funeral service practitioner license on an application form provided by the board. (b) The individual must pass an examination offered by the board under ORS 692.070 after the individual applies for the funeral service practitioner…
ORS 692.050 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.060 [Amended by 1971 c.115 §1; 1979 c.858 §1; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.070 Scope of examination for funeral service practitioner license; examination schedule. (1) The State Mortuary and Cemetery Board shall offer an examination to individuals applying for a license to practice as a funeral service practitioner
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(2) At a minimum, the examination must test applicants on state and federal laws, rules and regulations relating to the care, preparation, disposition and transportation of dead human bodies and relating to survivor death benefits. (3) The board shall make an examination schedule…
ORS 692.080 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.090 [Amended by 1971 c.115 §2; repealed by 1997 c.638 §12]
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[Repealed or reserved.]
ORS 692.100 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.105 Embalmer license; application; qualifications of applicant; rules. (1) The State Mortuary and Cemetery Board shall issue a license to an individual to practice as an embalmer if the individual is 18 years of age or older, applies for a license and meets the qualifications described in this section
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(2) An individual must apply for a license by applying to the State Mortuary and Cemetery Board on an application form provided by the board. (3) An individual applying for a license under this section must meet the following requirements: (a) The individual must complete trainin…
ORS 692.110 [Amended by 1971 c.115 §3; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.120 [Amended by 1971 c.115 §4; 1981 c.719 §2; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.130 Scope and conduct of embalmer examination; examination schedule; rules. (1) The State Mortuary and Cemetery Board shall offer an examination to individuals applying for a license to practice as an embalmer
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(2) The board shall make an examination schedule publicly available and shall send an examination schedule to each applicant at least 10 days before each examination. An examination schedule must denote the time and place of each examination. (3) The board shall specify the mater…
ORS 692.140 Reciprocity for embalmers or funeral service practitioners; rules. (1) For an applicant from another state, the State Mortuary and Cemetery Board shall issue a license to practice as a funeral service practitioner or embalmer, or shall register an individual who applies to be a trainee of a funeral service practitioner or embalmer, if
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(a) The applicant applies to the board and fulfills the requirements specified in subsection (2) of this section; and (b) The board is satisfied that the applicant has demonstrated the requisite qualifications to be a funeral service practitioner, embalmer or trainee of a funeral…
ORS 692.143 License to practice as death care consultant; application; qualifications of applicant; fees; rules. The State Mortuary and Cemetery Board shall issue a license to an individual to practice as a death care consultant if the individual
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(1) Applies to the board for a death care consultant license on an application form provided by the board; (2) Passes an examination offered by the board that tests applicants on state and federal laws, rules and regulations relating to the care, preparation, disposition and tran…
ORS 692.144 [1957 c.596 §4; 1971 c.115 §7; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.146 Application for funeral establishment or immediate disposition company license. (1) The State Mortuary and Cemetery Board shall issue a license to a funeral establishment or immediate disposition company if the person who will operate the establishment or immediate disposition company applies to the board for a license on a form provided by the board. The application shall be accompanied by the application fee established under ORS 692.160
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(2) The application shall disclose the following: (a) The name and address of the establishment or company. (b) That the establishment is operated by a licensed funeral service practitioner. (c) That the immediate disposition company is operated by a licensed funeral service prac…
ORS 692.148 When new or reissued license, registration or certificate required; fee. (1) If the principals of a licensed funeral establishment or immediate disposition company change, the establishment or company shall apply to the State Mortuary and Cemetery Board for a new license
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(2) A person holding a license or certificate of authority or who is registered under this chapter shall apply to the board for reissuance of the license, certificate or registration if any of the following occur: (a) The name of the person changes; (b) The location of the funera…
ORS 692.150 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.160 License, certificate and registration fees; expiration date; notice of renewal; rules. (1) The fees that may be charged under this chapter are
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(a) A fee covering requests for applications for a funeral service practitioner license, an embalmer license, a death care consultant license, a funeral establishment license, an immediate disposition company license, a certificate of authority for a cemetery, a certificate of au…
ORS 692.165 [1957 c.596 §7; 1971 c.115 §10; 1983 c.810 §14; 1989 c.177 §8; repealed by 1993 c.308 §6]
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[Repealed or reserved.]
ORS 692.170 Reinstatement of lapsed licenses and registrations. (1) When a licensee or a trainee registered under ORS 692.190 has allowed a license or a registration to lapse, the State Mortuary and Cemetery Board may reinstate the license or reregister the trainee if the licensee or trainee
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(a) Applies for reinstatement or reregistration not later than the 90th day after the lapse; and (b) Pays all fees owing to the date of reinstatement or reregistration as well as a reinstatement or reregistration fee established under ORS 692.160. (2) Upon the lapse of a license …
ORS 692.180 Prohibited acts; disciplinary actions; penalties; rules. (1) An applicant or person subject to the authority of the State Mortuary and Cemetery Board commits a prohibited act if the person engages in
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(a) Misrepresentation in the conduct of business or in obtaining a license. (b) Fraudulent or dishonest conduct, when the conduct bears a demonstrable relationship to funeral service practice, embalming practice or the operation of cemeteries, crematoriums or other facilities for…
ORS 692.190 Application for registration as funeral service practitioner trainee or embalmer trainee; requirements; rules. (1) An individual who wishes to train to be a funeral service practitioner or embalmer shall apply to the State Mortuary and Cemetery Board for registration as a funeral service practitioner trainee or an embalmer trainee upon a form provided by the board. The individual must consent to a background check, including any information required by the Department of State Police. The application must be accompanied by the fee established under ORS 692.160
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(2) A funeral service practitioner trainee must be supervised by a funeral service practitioner practicing in this state who is licensed by and in good standing with the board. (3) An embalmer trainee must be under the direct supervision of an embalmer practicing in this state wh…
ORS 692.200 [Amended by 1973 c.411 §8; repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.210 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.220 [Repealed by 1983 c.810 §29]
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[Repealed or reserved.]
ORS 692.230 Trainees; disciplinary action; reregistration; confidentiality. (1) The State Mortuary and Cemetery Board may take disciplinary action as described in ORS 692.180 if the board finds that a trainee committed a prohibited act described in ORS 692.180
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(2) A trainee whose registration has been suspended or revoked under ORS 692.180 may apply for reregistration within one year after completion of the suspension or revocation period, but the board may not allow more than two reregistrations. When the circumstances warrant, the bo…
ORS 692.240 [Amended by 1971 c.115 §13; repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 692.250 [Repealed by 1971 c.734 §21]
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[Repealed or reserved.]
ORS 692.260 [1957 c.596 §6; 1971 c.734 §149; 1983 c.810 §18; 1989 c.177 §10; 1997 c.638 §10; 2009 c.709 §14; repealed by 2025 c.316 §5]
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[Repealed or reserved.]
ORS 692.265 Disciplinary actions; procedures; rules. (1) If the State Mortuary and Cemetery Board proposes to take disciplinary action as described in ORS 692.180, the board shall accord an opportunity for hearing as provided in ORS chapter 183
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(2) Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. [1971 c.734 §151; 1983 c.810 §19; 2025 c.316 §3]
ORS 692.270 Certificate of removal registration for removal of dead human bodies; requirements; sanctions. (1) The State Mortuary and Cemetery Board shall issue a certificate of removal registration to a funeral establishment licensed in another state contiguous to Oregon with laws substantially similar to the provisions of this section for the limited purpose of removing dead human bodies from Oregon, prior to submitting a report of death, if the establishment that will make the removals applies to the board for a certificate of removal registration on a form provided by the board. The application fee established under ORS 692.160 shall accompany the application. A certificate issued under this subsection expires upon a change of ownership of the funeral establishment
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(2) For purposes of this section, each branch of a registrant’s funeral establishment is a separate establishment and must be registered as a fixed place of business. (3) Notwithstanding ORS 692.025 (1) and 692.045, a funeral service practitioner who files reports of death in ano…
ORS 692.275 Certificate of authority for operating cemetery, crematorium or facility for final disposition; fees; registration of certain cemeteries; rules applicable to crematoriums. (1) A person may not conduct the business of an operating cemetery unless the person has a certificate of authority to do so. A person may apply for a certificate of authority on a form provided by the State Mortuary and Cemetery Board. The application must be accompanied by the application fee established under ORS 692.160. However, any exempt operating cemetery is entitled to receive a certificate of authority to operate upon payment of an initial fee not to exceed $100 and a fee not to exceed $50 for registration of all principals regardless of the total number of principals. An exempt operating cemetery is not required to pay the renewal fee or the fee for any change in principal other than the cemetery manager
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(2) A cemetery, other than an operating cemetery or a historic cemetery listed with the Oregon Commission on Historic Cemeteries under ORS 97.782, must be registered with the board. An owner of a cemetery, other than an operating cemetery or a historic cemetery listed with the Or…
ORS 692.280 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
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(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, to which the cemetery is a party. (3) The …
ORS 692.285 [1985 c.207 §21; 1987 c.813 §14; 1993 c.467 §1; 1995 c.144 §6; 1995 c.325 §1; 1997 c.98 §1; repealed by 2001 c.796 §29]
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STATE BOARD
ORS 692.300 State Mortuary and Cemetery Board; appointment; term; qualifications. (1) There is created the State Mortuary and Cemetery Board to carry out the purposes and enforce the provisions of this chapter. The board consists of 11 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board
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(a) One member must be a funeral service practitioner. (b) Two members must be representatives of an immediate disposition company or a licensed funeral establishment, and at least one of the two must be a licensed embalmer. (c) Three members must be representatives of cemeteries…
ORS 692.310 Meetings; officers. The State Mortuary and Cemetery Board shall meet at least semiannually, and at such other times as it may determine, and shall elect from its members, each for a term of one year, a president and secretary. The secretary shall also act and serve as treasurer of the board. [Amended by 1971 c.115 §14; 1973 c.411 §10; 1983 c.810 §21]
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[Repealed or reserved.]
ORS 692.320 Powers and duties; rules. (1) The State Mortuary and Cemetery Board may adopt and enforce rules for the protection of the public health, safety and welfare relating to the following
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(a) The licensing of or issuance of certificates of authority for funeral service practitioners, embalmers, death care consultants, funeral establishments, crematoriums, cemeteries and other facilities for final disposition of human remains. (b) The registration of trainees. (c) …
ORS 692.330 Compensation and expenses. Each member of the State Mortuary and Cemetery Board is entitled to compensation and expenses as provided in ORS 292.495. [Amended by 1969 c.314 §93; 1973 c.411 §12]
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[Repealed or reserved.]
ORS 692.340 [Repealed by 1973 c.411 §15]
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[Repealed or reserved.]
ORS 692.350 Publication of statutes and rules. Except as provided in this section, after each change in the provisions of this chapter or in the rules adopted under this chapter, the State Mortuary and Cemetery Board shall publish for distribution to funeral service practitioners, embalmers and trainees of funeral service practitioners and embalmers, and to other interested persons, the provisions of this chapter together with all rules adopted under this chapter. If a change or changes in the rules are not extensive in scope, the board may publish the changes in supplementary form. [Amended by 1983 c.810 §23; 2015 c.367 §19]
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[Repealed or reserved.]
ORS 692.360 [Repealed by 1973 c.411 §15]
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[Repealed or reserved.]
ORS 692.370 [Amended by 1967 c.637 §35; repealed by 1973 c.411 §15]
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[Repealed or reserved.]
ORS 692.375 State Mortuary and Cemetery Board Account; disposition of receipts. The State Mortuary and Cemetery Board Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the State Mortuary and Cemetery Board under this chapter shall be paid into the account and are appropriated continuously to be used only for the administration and enforcement of this chapter, for the administration and enforcement of ORS 97.931 and for the purpose of education of funeral service practitioners, embalmers and death care consultants. Any interest or other income from moneys in the account shall be credited to the account. [1973 c.411 §14; 1983 c.810 §24; 2001 c.796 §26; 2005 c.726 §1; 2009 c.709 §15]
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ENFORCEMENT
ORS 692.380 Courts having jurisdiction; initiation of proceedings. Circuit courts, justice courts and municipal courts sitting as justice courts have concurrent jurisdiction with the circuit courts of the State of Oregon in all prosecutions arising under this chapter. The district attorney is authorized to institute prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment, or by complaint verified before any magistrate
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[Repealed or reserved.]
ORS 692.385 Enforcement proceedings instituted by board; relation to other enforcement provisions. (1) Whenever it appears to the State Mortuary and Cemetery Board that any person is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the board, or any rule or order issued thereunder, the board may institute proceedings in the circuit courts to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such person, or its officers, agents, employees and representatives from further violation of such statute, rule or order, and enjoining upon them obedience thereto
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(2) The provisions of this section are in addition to and not in substitution of any other enforcement provisions contained in any statute administered by the board. [1987 c.252 §3]