Chapter 97 — Chapter 97
197 sections in this chapter.
ORS 97.943 Distributions from prearrangement trust fund deposits. (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
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(2) The principal of a trust created pursuant to a prearrangement sales contract shall be paid to the certified provider who sold the contract if the certified provider who sold the contract swears, by affidavit, that the certified provider has delivered all merchandise and perfo…
ORS 97.944 Distributions from preconstruction trust fund deposits. (1) A depository may not make any distributions from preconstruction sales contract trust deposits except as provided in this section
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(2)(a) The construction or development of undeveloped interment spaces shall be commenced on the phase of construction or development, or the section or sections of spaces in which sales are made within five years of the date of the first sale. The certified provider who sold the…
ORS 97.945 Funeral and Cemetery Consumer Protection Trust Fund; fee; rules; maximum balance. (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 from the General Fund, known as the Funeral and Cemetery Consumer Protection Trust Fund. The fees shall be remitted to the director annually within 30 days after the end of December for all contracts that have been entered into during the 12-month period
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(2) Except as provided in this section, the fund shall be used solely for the purpose of providing restitution to purchasers who have suffered pecuniary loss arising out of prearrangement sales contracts or preconstruction sales contracts. The fund may be used for payment of actu…
ORS 97.946 Advertising and marketing prohibitions. (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
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(2) Advertising and marketing a prearrangement sales contract or a preconstruction sales contract by a funeral service practitioner, embalmer or funeral service establishment licensed under ORS chapter 692 does not constitute a violation of ORS 692.180 (1)(c). [Formerly 128.440] …
ORS 97.947 Examination of providers and master trustees by director; subpoena power; depositions. (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 determine whether the certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration is complying with ORS 97.923 to 97.949, the rules of the director and any other laws of this state applicable to a certified provider or master trustee
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(b) In addition to the authority conferred by ORS 97.948, the director may require a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration to pay the actual and reasonable costs of the examination. (2) …
ORS 97.948 Grounds for discipline by director for violation of ORS 97.923 to 97.949; suspension and revocation of certificate or registration; civil penalties; notification of board. (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 director
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(a) To be in violation of ORS 97.923 to 97.949; (b) To have liabilities that exceed assets; (c) To be unable to meet obligations as they come due; or (d) To be in a financial condition that fails to adequately protect the interests of customers. (2) In disciplining a certified pr…
ORS 97.949 Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949. (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 enforcement officer having jurisdiction over the violation
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(2) If the director, in the course of taking an action against a certified provider, master trustee or entity acting as a certified provider or master trustee without certification or registration, finds that a salesperson or person acting as a salesperson has violated any provis…
ORS 97.950 [1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1; 2005 c.505 §1; repealed by 2007 c.681 §31]
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REVISED UNIFORM ANATOMICAL GIFT ACT
ORS 97.951 Short title. ORS 97.951 to 97.982 may be cited as the Revised Uniform Anatomical Gift Act. [2007 c.681 §1]
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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 to Oregon Revised Statutes for further explanation.
ORS 97.952 [1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.953 Definitions for ORS 97.951 to 97.982. As used in ORS 97.951 to 97.982
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(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 anatomical gift on the principal’s beh…
ORS 97.954 [1995 c.717 §3; 1997 c.472 §6; 1999 c.201 §2; 2005 c.505 §3; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.955 Purpose of anatomical gift; persons authorized to make gift. (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
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(2) An anatomical gift may be made in the manner provided in ORS 97.957 by: (a) The donor, if the donor is an adult or if the donor is a minor and is: (A) Emancipated; or (B) Authorized under ORS 807.280 to apply for an instruction driver permit because the donor is at least 15 y…
ORS 97.956 [1995 c.717 §4; 1997 c.472 §7; 1999 c.201 §3; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.957 Methods of making anatomical gift before death of donor. (1) A donor may make an anatomical gift
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(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 disinterested witness; (d) By a donor card or o…
ORS 97.958 [1995 c.717 §5; 1997 c.472 §8; 1999 c.201 §4; 2005 c.505 §4; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.959 Revocation or amendment of anatomical gift by donor or agent or guardian of donor. (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 make, amend or revoke a gift under ORS 97.963 or 97.967
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(2) A donor or other person authorized to amend or revoke an anatomical gift under subsection (7) or (8) of this section may amend or revoke an anatomical gift by: (a) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (3) of this section, anoth…
ORS 97.960 [1995 c.717 §6; 1997 c.472 §9; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.961 Refusal to make anatomical gift; effect of refusal. (1) An individual may refuse to make an anatomical gift of the individual’s body or body part by
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(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 physically unable to sign; (b) The individual’s will, whether or not the will is admitted to probate or …
ORS 97.962 [1995 c.717 §7; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.963 Effect of making, amending or revoking anatomical gift. (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 accordance with ORS 97.959
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(2) A donor’s revocation of an anatomical gift of the donor’s body or body part under ORS 97.959 is not a refusal and does not prohibit another person specified in ORS 97.955 or 97.965 from making an anatomical gift of the donor’s body or body part under ORS 97.957 or 97.967. (3)…
ORS 97.964 [1995 c.717 §8; 2005 c.505 §5; repealed by 2007 c.681 §31]
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[Repealed or reserved.]
ORS 97.965 Persons authorized to make anatomical gift of body or body part of decedent. (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 who is reasonably available, in the following order
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(a) An agent of the decedent at the time of death who could have made an anatomical gift under ORS 97.955 (2)(b) immediately before the decedent’s death; (b) The spouse of the decedent; (c) An adult child of the decedent; (d) A parent of the decedent; (e) An adult sibling of the …
ORS 97.966 [Formerly 97.295; 2007 c.681 §30; renumbered 97.984 in 2007]
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[Repealed or reserved.]
ORS 97.967 Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person. (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 by the individual receiving the oral communication
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(2) Subject to subsection (3) of this section, an anatomical gift by a person authorized under ORS 97.965 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available…
ORS 97.968 [Formerly 97.300; renumbered 97.985 in 2007]
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[Repealed or reserved.]
ORS 97.969 Authorized recipients of anatomical gifts; purposes for which gift may be used. (1) An anatomical gift may be made to the following persons named in the document of gift
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(a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education; (b) Subject to subsection (2) of this section, an individual designated by the person making the anatomical gift i…
ORS 97.970 Search for document of anatomical gift or refusal; duty to send document or refusal to hospital. (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
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(a) A law enforcement officer, firefighter, emergency medical services provider or other emergency rescuer finding the individual; and (b) If no other source of the information is immediately available, a hospital, as soon as practicable after the individual’s arrival at the hosp…
ORS 97.971 Delivery of document of gift or refusal not required; right to examine. (1) A document of gift need not be delivered during the donor’s lifetime to be effective
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(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 copying of the document of gift or the refusal by a person authorized to make or object to the …
ORS 97.972 Rights and duties of procurement organizations and others; authorized examinations. (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 individual resides to ascertain whether the individual has made an anatomical gift
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(2) A procurement organization must be allowed reasonable access to information in the records of the Department of Transportation to ascertain whether an individual at or near death is a donor. (3) When a hospital refers an individual at or near death to a procurement organizati…
ORS 97.973 Coordination of procurement and use of anatomical gifts. 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]
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Note: See note under 97.951.
ORS 97.974 Immunity of persons acting in accordance with ORS 97.951 to 97.982. (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
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(2) Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift. (3) In determining whether an anatomical gift has been made, amended or revoked under ORS 97.951 to 97.982, a person may rel…
ORS 97.975 [Formerly 97.930; renumbered 97.987 in 2007]
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[Repealed or reserved.]
ORS 97.976 Law governing validity of document of gift; presumption of validity. (1) A document of gift is valid if executed in accordance with
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(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 a national at the time the document of gift was executed. (2) I…
ORS 97.977 Donor registry; duty of Department of Transportation to cooperate with donor registry. (1)(a) The Oregon Health Authority may allow an organ procurement organization to establish a donor registry
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(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 Transportation shall: (a) Cooperate with a person who administers the donor registry established under subsect…
ORS 97.978 Resolution of conflict between potential anatomical gift and advance directive. (1) As used in this section
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(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 donor. (c) “Health care decision…
ORS 97.979 Cooperation between medical examiner and procurement organization. (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
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(2) Subject to ORS 97.980, if a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a post-mortem examination is going t…
ORS 97.980 Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner. (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 body or body part is medically suitable for transplantation, therapy, research or education, the medical examiner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the medical examiner only if relevant to transplantation, therapy, research or education
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(2) The medical examiner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X-rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of th…
ORS 97.981 Purchase or sale of body parts prohibited. (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 removal of the body part from an individual is intended to occur after the individual’s death
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(2) Purchase or sale of a body part for transplantation or therapy is a Class C felony. (3) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a body part. [2007 c.681 §21] Note:…
ORS 97.982 Alteration of document of anatomical gift prohibited. (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
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(2) Alteration of a document of gift is a Class C felony. [2007 c.681 §22] Note: See note under 97.951.
ORS 97.983 Relation to Electronic Signatures in Global and National Commerce Act. 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.C. 7001, or authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7003(b) as in effect January 1, 2008. [2007 c.681 §23]
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Note: 97.983 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. ANATOMICAL GIFTS
ORS 97.984 Liability of executor who carries out anatomical gift. 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 acts necessary to carry out the gift of the testator. [Formerly 97.966]
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[Repealed or reserved.]
ORS 97.985 Transplants not covered by implied warranty. (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 Commercial Code or otherwise
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(2) As used in this section, “part” means organs or parts of organs, tissues, eyes or parts of eyes, bones, arteries, blood, other fluids and any other portions of a human body. [Formerly 97.968] FEDERAL AID FOR CEMETERIES
ORS 97.987 Department of Transportation use of federal moneys for cemetery care. (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 preservation of cemeteries. The department shall administer any funds received pursuant to this section in accordance with the conditions established by the federal government
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(2) In carrying out the provisions of subsection (1) of this section the Department of Transportation may contract or consult with any nonprofit corporation established for the purpose of promoting cemetery care and maintenance. [Formerly 97.975] PENALTIES
ORS 97.990 Penalties. (1) Violation of ORS 97.160 is a Class A misdemeanor
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(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 by ORS 97.170 to 97.210 or who refuses to deliver pos…
ORS 97.992 Penalties for ORS 97.937. Violation of any of the provisions of ORS 97.937 is a Class A misdemeanor. [Formerly 128.990; 2011 c.597 §157]
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[Repealed or reserved.]
ORS 97.994 Penalties for ORS 97.931, 97.933, 97.941 and 97.943. 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]
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