Title 10, Property Rights and Transactions

It is the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to ensure funds for performance to purchasers who contract through prearrangement sales contracts for the purchase of funeral or cemetery merchandise or services, and through preconstruction sales contracts for…

The Director of the Department of Consumer and Business Services may adopt rules that are necessary or appropriate to: (1) Protect purchasers of prearrangement sales contracts and preconstruction sales contracts and the public; and (2) Administer ORS 97.923 to 97.949. [2007 c.661…

(1) ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to a nonprofit memorial society charging less than a $100 membership fee. (2) Notwithstanding subsection (1) of this section, ORS 97.937 applies to a nonprofit memorial society charging less than a $100 membership …

A person may not, in connection with performing certified provider activities, providing services as a master trustee or providing related services: (1) Employ any device, scheme or artifice to defraud; (2) Knowingly make any untrue statement of a material fact or omit stating a …

(1) The provisions of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to: (a) Agreements to sell or sales of graves, crypts or niches where such graves, crypts or niches are in existence at the time of the sale or agreement to sell and are located in an endowment ca…

(1) A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 or in preconstruction sales or prearrangement sales unless the salesperson is registered with the State Mortuary and Cemetery Board or holds a current funeral service pract…

(1) An entity may not engage in prearrangement sales or preconstruction sales, administer prearrangement sales or preconstruction sales or provide merchandise or services to fulfill prearrangement sales or preconstruction sales unless the entity is certified by the Director of th…

(1) An entity may not operate as a master trustee unless the entity is registered with the Director of the Department of Consumer and Business Services. The director shall: (a) Establish procedures for registering master trustees under this section. (b) Establish standards for ma…

(1) In addition to other actions authorized under ORS 97.948 (2), the Director of the Department of Consumer and Business Services may: (a) Issue an emergency order suspending or restricting a certificate or registration or ordering a certified provider or master trustee or an en…

(1) This section applies to trust deposits required to be made by endowment care cemeteries under ORS 97.929. (2) As used in this section, “common trust account” means trust funds received by a provider from two or more purchasers. (3) All such trust funds shall be deposited by t…

(1) Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider. The certified provider shall retain one copy of the contract and a copy of the completed contract shall be given t…

(1) Upon receiving anything of value under a prearrangement sales contract or preconstruction sales contract, the certified provider who sold the contract shall deposit the following amounts into one or more trust funds maintained pursuant to ORS 97.923 to 97.949, 97.992, 97.994 …

(1) The Attorney General, on behalf of the Director of the Department of Consumer and Business Services, may petition the circuit courts of this state for appointment of a receiver for a certified provider or entity acting as a certified provider without certification. (2) If the…

(1) A master trustee or a depository may not make any distributions from prearrangement sales contract trust fund deposits except as provided in this section. (2) The principal of a trust created pursuant to a prearrangement sales contract shall be paid to the certified provider …

(1) A depository may not make any distributions from preconstruction sales contract trust deposits except as provided in this section. (2)(a) The construction or development of undeveloped interment spaces shall be commenced on the phase of construction or development, or the sec…

(1) A certified provider shall pay to the Director of the Department of Consumer and Business Services a $5 fee for each prearrangement sales contract or preconstruction sales contract entered into, to be paid into a special income earning fund in the State Treasury, separate fro…

(1) A person may not engage in unsolicited door to door or telephone advertising and marketing of prearrangement sales contracts or preconstruction sales contracts. The costs of advertising and marketing may not be paid from trust funds. (2) Advertising and marketing a prearrange…

(1)(a) The Director of the Department of Consumer and Business Services may examine the conditions and resources, including sales contracts, of a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to…

(1) The Director of the Department of Consumer and Business Services may discipline a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration who has been found by an audit or examination conducted by the…

(1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision of ORS 97.923 to 97.949, the director may give the information relative to the violation to the appropriate federal, state or local law enforceme…

ORS 97.951 to 97.982 may be cited as the Revised Uniform Anatomical Gift Act. [2007 c.681 §1] Note: 97.951 to 97.982 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 97 or any series therein by legislative action. See Preface t…

As used in ORS 97.951 to 97.982: (1) “Adult” means an individual who is 18 years of age or older. (2) “Agent” means: (a) A health care representative or an alternate health care representative appointed under ORS 127.510; or (b) An individual expressly authorized to make an anato…

(1) Subject to ORS 97.963, a donor may make an anatomical gift of a donor’s body or body part during the life of the donor for the purpose of transplantation, therapy, research or education. (2) An anatomical gift may be made in the manner provided in ORS 97.957 by: (a) The donor…

(1) A donor may make an anatomical gift: (a) By a designation on the donor’s driver license or identification card; (b) In a will; (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disint…

(1) Except as provided in subsection (7) or (8) of this section, an anatomical gift made under ORS 97.957 may be amended or revoked only by the donor in accordance with the provisions of this section and may not be amended or revoked by any other person otherwise authorized to ma…

(1) An individual may refuse to make an anatomical gift of the individual’s body or body part by: (a) A record signed by: (A) The individual; or (B) Subject to subsection (2) of this section, another individual acting at the direction of the individual if the individual is physic…

(1) An anatomical gift of a donor’s body or body part, if the donor or another person made an anatomical gift of the donor’s body or body part under ORS 97.957 or an amendment to an anatomical gift of the donor’s body or body part under ORS 97.959, may not be revoked except in ac…

(1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS 97.961 or 97.963, an anatomical gift of a decedent’s body or body part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons …

(1) A person authorized to make an anatomical gift under ORS 97.965 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed…

(1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education; (b) Subject to subsecti…

(1) The following persons shall make a reasonable search of an individual who the persons reasonably believe is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (a) A law enforcement offic…

(1) A document of gift need not be delivered during the donor’s lifetime to be effective. (2) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

(1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Transportation and any donor registry that it knows exists for the geographical area in which the individua…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. [2007 c.681 §14] Note: See note under 97.951.

(1) A person who acts in accordance with ORS 97.951 to 97.982 or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding. (2) Neither the person ma…

(1) A document of gift is valid if executed in accordance with: (a) ORS 97.951 to 97.982; (b) The laws of the state or country where it was executed; or (c) The laws of the state or country where the person making the anatomical gift was domiciled, had a place of residence or was…

(1)(a) The Oregon Health Authority may allow an organ procurement organization to establish a donor registry. (b) Only one donor registry may be established within this state. (c) The donor registry shall comply with subsections (3) and (4) of this section. (2) The Department of …

(1) As used in this section: (a) “Advance directive” has the meaning given that term in ORS 127.505. (b) “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective don…

(1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education. (2) Subject to ORS 97.980, if a medical examiner receives notice from a procurement or…

(1) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner. If the decedent’s bo…

(1) Except as otherwise provided in subsection (3) of this section, a person commits the crime of purchase or sale of a body part for transplantation or therapy if the person, for valuable consideration, knowingly purchases or sells a body part for transplantation or therapy if r…

(1) A person commits the crime of alteration of a document of gift if the person, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal. (2) Alterati…

The provisions of ORS 97.951 to 97.982 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but do not modify, limit or supersede section 101(a) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.…

A person named executor who carries out an anatomical gift of the testator made under the provisions of ORS 97.957 before issuance of letters testamentary or under a will which is not admitted to probate shall not be liable to the surviving spouse or next of kin for performing ac…

(1) The procuring, processing, furnishing, distributing, administering or using of any part of a human body for the purpose of injecting, transfusing or transplanting that part into a human body is not a sales transaction covered by an implied warranty under the Uniform Commercia…

(1) In addition to any other duties of the Department of Transportation, the department may apply for, accept and expend, use or dispose of moneys and property received from the federal government for the purpose of establishing any program of restoration, care, maintenance and p…

(1) Violation of ORS 97.160 is a Class A misdemeanor. (2) Every officer, agent or employee of this state or of any county, city or any other municipal subdivision thereof who willfully neglects to notify the State Mortuary and Cemetery Board of the existence of a body as required…

Violation of any of the provisions of ORS 97.937 is a Class A misdemeanor. [Formerly 128.990; 2011 c.597 §157]

Violation of any of the provisions of ORS 97.931, 97.933, 97.941 or 97.943 is punishable as a Class A misdemeanor. [Formerly 128.991; 2003 c.362 §9] _______________