Chapter 97 — Chapter 97
197 sections in this chapter.
ORS 97.010 Definitions. As used in ORS 97.010 to 97.040, 97.012, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920, 97.923 to 97.949, 97.990 and 97.994
8.4K chars
(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 97.012 Exclusion of services and merchandise offered under transportation protection agreement. Services and merchandise offered under a transportation protection agreement shall not be considered funeral merchandise, funeral services, prearrangement sales or a prearrangement sales contract. [2025 c.242 §1]
0.2K chars
Note: 97.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 97.020 Exemption of certain organizations and cemeteries from certain sections of chapter. (1) The provisions of ORS 97.030, 97.120, 97.310 to 97.350, 97.360 (1), 97.510 and 97.550 relating to private cemeteries do not apply to
1.4K chars
(a) Any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any church or religious society or denomination or any cemetery that such entity organizes, controls or operates. (b) Any county or city cemet…
ORS 97.030 Vested rights not acquired. No cemetery authority or person having a right of sepulture or any other right under ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 acquires any vested right by virtue thereof which the Legislative Assembly may not subsequently amend, alter or repeal
0.0K chars
[Repealed or reserved.]
ORS 97.040 Private family burial grounds. Except for ORS 97.730, 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 do not apply to private family burial grounds where lots are not offered for sale
0.0K chars
[Repealed or reserved.]
ORS 97.050 [1977 c.183 §1; 1983 c.526 §4; 1985 c.747 §49; 1987 c.660 §16; 1989 c.1034 §8; renumbered 127.605 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.055 [1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5; renumbered 127.610 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.060 [1977 c.183 §3; renumbered 127.615 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.065 [1977 c.183 §4; renumbered 127.620 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.070 [1977 c.183 §5; renumbered 127.625 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.075 [1977 c.183 §6; repealed by 1983 c.526 §7]
0.0K chars
[Repealed or reserved.]
ORS 97.080 [1977 c.183 §7; renumbered 127.630 in 1989]
0.0K chars
AUTOPSIES
ORS 97.082 Consent for certain autopsies; form. (1) Except as provided in subsection (2) of this section, whenever a person dies and no autopsy is ordered by a medical examiner or district attorney pursuant to ORS 146.117, an autopsy may not be conducted without the prior written consent of a person within the first applicable class of the following listed classes
2.1K chars
(a) The spouse of the decedent; (b) A son or daughter of the decedent 18 years of age or older; (c) Either parent of the decedent; (d) A brother or sister of the decedent 18 years of age or older; (e) A guardian of the decedent at the time of death; (f) A person in the next degre…
ORS 97.083 [1983 c.526 §1; renumbered 127.635 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.084 [1983 c.526 §2; renumbered 127.640 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.085 [1977 c.183 §§8,9,10; renumbered 127.645 in 1989]
0.0K chars
[Repealed or reserved.]
ORS 97.090 [1977 c.183 §11; renumbered 127.650 in 1989]
0.0K chars
DISPOSITION OF HUMAN BODIES (Generally)
ORS 97.110 Human remains not to be attached. No person shall attach, detain or claim to detain any human remains for any debt or demand or upon any pretended lien or charge
0.0K chars
[Repealed or reserved.]
ORS 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. A cemetery authority shall deposit or dispose of human remains as provided by ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
0.0K chars
[Repealed or reserved.]
ORS 97.130 Right to control disposition of remains; delegation. (1) Any individual of sound mind who is 18 years of age or older, by completion of a written signed instrument or by preparing or prearranging with any funeral service practitioner licensed under ORS chapter 692, may direct any lawful manner of disposition of the individual’s remains. Except as provided under subsection (7) of this section, disposition directions or disposition prearrangements that are prepaid or that are filed with a funeral service practitioner licensed under ORS chapter 692 are not subject to cancellation or substantial revision
7.2K chars
(2) A person within the first applicable listed class among the following listed classes that is available at the time of death, in the absence of actual notice of a contrary direction by the decedent as described under subsection (1) of this section or actual notice of oppositio…
ORS 97.132 [1961 c.674 §1; repealed by 1969 c.175 §12]
0.0K chars
[Repealed or reserved.]
ORS 97.134 [1961 c.674 §§2,3; repealed by 1969 c.175 §12]
0.0K chars
[Repealed or reserved.]
ORS 97.140 [Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)]
0.0K chars
[Repealed or reserved.]
ORS 97.141 [1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13]
0.0K chars
[Repealed or reserved.]
ORS 97.145 Liability for failure to conform to written instrument directing control of remains. No cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner interring, cremating or reducing remains pursuant to a written instrument signed by the decedent or a person described in ORS 97.130 (2) shall be liable for any failure to conform to the priority of control of remains provided in ORS 97.130, except when it shall have received two or more conflicting written instruments prior to interment, cremation or reduction of said remains. [1957 c.423 §3 (97.141 and 97.145 enacted in lieu of 97.140); 1997 c.472 §2; 2021 c.296 §4]
0.0K chars
[Repealed or reserved.]
ORS 97.150 Disposition of cremated remains; procedures; notice; limitations on liability. (1)(a) If the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner has been authorized to cremate or reduce remains of a decedent pursuant to ORS 97.130, the authorization must also contain further instructions to the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner as to the final disposition of the cremated or reduced remains
4.2K chars
(b) If the cremated or reduced remains are left in the possession of the cemetery authority, crematory operator, alternative disposition facility operator or licensed funeral service practitioner and no instructions for final disposition are given to the cemetery authority, crema…
ORS 97.153 Diagnostic or therapeutic radioisotopes in body. Notwithstanding section 14, chapter 653, Oregon Laws 1991, or ORS 469.525, diagnostic or therapeutic radioisotopes remaining inside the uncremated or unreduced body of a deceased person may be buried, entombed or otherwise disposed of in a cemetery or other lawful place for the burial, entombment or other disposal of the uncremated or unreduced body of the deceased person even though the body contains low-level radioactive waste as defined under 42 U.S.C. 2021(b) as of January 1, 1995, by-product material as defined under 42 U.S.C. 2014 as of January 1, 1995, or special nuclear material exempted by the United States Nuclear Regulatory Commission as of January 1, 1995, under authority of 42 U.S.C. 2077(d). [1995 c.252 §1; 2021 c.296 §6]
0.2K chars
Note: 97.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 97.160 Duty of hospital or sanitarium to notify before sending remains to undertaker; procedures. (1) No hospital or sanitarium, or the employees, agents or representatives thereof, shall send or cause to be sent to any funeral service practitioner, undertaker, mortician or embalmer the remains of any decedent without having complied with this section before final disposition of the remains
1.7K chars
(2) If the admitting record contains the name of a relative, friend or other person identified by the decedent in the admitting record, or if the hospital or sanitarium is aware of the name of any other person chargeable with the funeral expenses of the decedent, the hospital or …
ORS 97.170 Disposition of unclaimed body of deceased person; rules. (1) As used in this section, “indigent person” means a deceased person who does not have a death or final expense benefit or insurance policy that pays for disposition of the deceased person’s body or other means to pay for disposition of the deceased person’s body and
5.2K chars
(a) Who does not have a relative or other person with the legal right to direct and the means to pay for disposition of the deceased person’s body; (b) Whose relative, or other person, with the legal right to direct the disposition of the deceased person’s body does not pay or ar…
ORS 97.180 Period within which body may not be used or dismembered. An institution that receives a body pursuant to ORS 97.170 and that intends to use the body for ongoing research may properly preserve the body upon receipt for anatomical purposes, but may not use or dismember the body for at least 30 days after receipt. If a relative or friend of the deceased person claims the body within the 30 days specified in this section, the institution with custody of the body shall release the body to a funeral establishment licensed under ORS 692.146 on behalf of the relative or friend. [Amended by 2015 c.651 §2]
0.0K chars
[Repealed or reserved.]
ORS 97.190 Post-mortem examination of body. Unless required by a medical examiner to determine the cause of death or specifically authorized and ordered by the superintendent of the hospital or institution in which any person coming under the provisions of ORS 97.170 may die, no such body as is mentioned in ORS 97.170 is subject to post-mortem examination, except by consent of the State Mortuary and Cemetery Board. [Amended by 1959 c.629 §43; 1965 c.221 §13; 1977 c.582 §1; 2015 c.651 §3]
0.0K chars
[Repealed or reserved.]
ORS 97.200 Disposition of remains after use. (1) An institution that uses a body for ongoing research pursuant to ORS 97.170 shall bury respectfully or cremate or reduce the remains upon completion of use. If the institution cremates or reduces the remains, the institution shall deliver the cremated or reduced remains to a relative of the deceased person if a relative is known to the institution. If no relative is known to the institution, the institution shall hold the cremated or reduced remains for three years after cremation or reduction and may then dispose of the cremated or reduced remains in a respectful manner. The institution shall pay burial, cremation, reduction, storage and delivery expenses for a body the institution used pursuant to ORS 97.170
0.3K chars
(2) Notwithstanding subsection (1) of this section, an institution that uses a body pursuant to ORS 97.170 only for instruction on preservation of a body shall, upon completion of use, return the body to the funeral establishment from where the institution received the body. [Ame…
ORS 97.205 Prohibition against accepting consideration for public display of human remains; exceptions. (1) Except as provided in subsection (2) of this section, a person may not knowingly accept payment or other consideration, directly or indirectly, for displaying human remains to the public
0.9K chars
(2) Subsection (1) of this section does not apply if: (a) The display has the written consent of the decedent or a person with the right to control the disposition of the decedent’s remains under ORS 97.130; and (b) The payment or other consideration is accepted by: (A) A funeral…
ORS 97.207 Civil action by decedent’s estate authorized for unlawful public display of remains. (1) The estate of a decedent whose remains are displayed in violation of ORS 97.205 may bring a civil action for injunctive relief, damages or other appropriate relief against any person whose conduct in connection with the display is unlawful under ORS 97.205
0.7K chars
(2) Upon prevailing in an action brought under this section, the plaintiff may recover: (a) Both special and general damages, including damages for emotional distress; and (b) Punitive damages. (3)(a) The court shall award reasonable attorney fees to the prevailing plaintiff in a…
ORS 97.210 Exceptions to application of ORS 97.170 to 97.200; rules. The body of any person who died of smallpox, diphtheria, scarlet fever or other disease that the Oregon Health Authority, by rule, may prescribe, shall not be subject to the provisions of ORS 97.170 to 97.200. [Amended by 1977 c.582 §2; 2009 c.595 §62]
0.0K chars
[Repealed or reserved.]
ORS 97.220 Disinterment. (1) Except as provided in ORS 97.223, the remains of a deceased person interred in a plot in a cemetery may be removed from the plot with the consent of the cemetery authority and written consent of
1.4K chars
(a) The person under ORS 97.130 (2)(a), (b) or (c) who has the authority to direct disposition of the remains of the deceased person; or (b) If the remains are cremated or reduced remains, the person who had possession of the cremated or reduced remains and authorized the interme…
ORS 97.223 Interment or temporary storage of human remains in case of natural disaster or other emergency. (1) In the event of a natural disaster or similar emergency that causes interred human remains to be completely or partially dislodged from their original designated plot, the cemetery authority of the cemetery where the plot is located may, as the cemetery authority deems fit
1.1K chars
(a) Inter the human remains in the original designated plot; (b) Temporarily store the human remains in a safe storage location until the cemetery authority can inter the human remains; or (c) Inter the human remains in another plot in the cemetery. (2) The cemetery authority sha…
ORS 97.230 [Repealed by 1973 c.286 §1]
0.1K chars
(Unclaimed Cremated Remains of Veteran or Veteran’s Spouse, Dependent or Survivor)
ORS 97.231 Definitions. As used in ORS 97.231 to 97.246
1.2K chars
(1) “County veterans’ service officer” means a county veterans’ service officer appointed under ORS 408.410. (2) “Eligible decedent” means the unclaimed cremated remains of a veteran or spouse, dependent or survivor of a veteran that are entitled to interment under federal law at…
ORS 97.234 County designation of veterans’ remains coordinator; identification and interment of unclaimed cremated remains of veterans. (1) The governing body of each county shall designate one or more veterans’ remains coordinators who shall exercise due diligence to
0.7K chars
(a) Identify unclaimed cremated remains located in the county in consultation with the county veterans’ service officer, the United States Department of Veterans Affairs, a national cemetery administered by the United States Department of Veterans Affairs, the United States Socia…
ORS 97.237 Veterans’ remains coordinator to report to county veterans’ service officer before interment of eligible decedent; officer to maintain record of reported information. (1) Before causing the interment of an eligible decedent under ORS 97.234, the veterans’ remains coordinator shall report to the county veterans’ service officer
0.4K chars
(a) The facts relied upon to establish eligibility for interment under ORS 97.234; (b) The plan for the interment of the eligible decedent; and (c) The date of death and place of interment of the eligible decedent. (2) The county veterans’ service officer shall establish and main…
ORS 97.240 Funeral establishment assistance to veterans’ remains coordinator regarding veterans’ remains; civil claims against funeral establishment or veterans’ remains coordinator barred. (1) A funeral establishment in possession of an eligible decedent shall, upon request of a veterans’ remains coordinator, release the veteran status information associated with the eligible decedent to the veterans’ remains coordinator
2.4K chars
(2) A veterans’ remains coordinator may use the veteran status information received under subsection (1) of this section only for disclosure to the United States Department of Veterans Affairs to verify the interment benefits of an eligible decedent. (3) A funeral establishment i…
ORS 97.243 Veterans’ remains coordinator to report veteran status information to U.S. Department of Veterans Affairs and maintain list of reported eligible decedents. (1) A veterans’ remains coordinator who identifies or locates an eligible decedent shall report to the United States Department of Veterans Affairs
0.5K chars
(a) Veteran status information known about the veteran associated with the eligible decedent; and (b) Contact information for the place and person in possession of the eligible decedent. (2) The veterans’ remains coordinator shall establish and maintain a list of eligible deceden…
ORS 97.246 Veterans’ remains coordinator and county veterans’ service officer to carry out duties per Department of Veterans’ Affairs rules. (1) A veterans’ remains coordinator or county veterans’ service officer shall carry out the duties under ORS 97.231 to 97.246 in accordance with rules adopted by the Department of Veterans’ Affairs
0.1K chars
(2) The Department of Veterans’ Affairs may adopt rules to implement the provisions of ORS 97.231 to 97.246. [2025 c.14 §2]
ORS 97.250 [1969 c.175 §1; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]
ORS 97.255 [1969 c.175 §3; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]
ORS 97.260 [1969 c.175 §2; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]
ORS 97.265 [1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218 §1; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]
ORS 97.268 [1985 c.379 §1; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]
ORS 97.270 [1969 c.175 §5; repealed by 1995 c.717 §9]
0.0K chars
[Repealed or reserved.]