OAR 830-011-0000
Definitions
(1)
“Alkaline hydrolysis” is a final disposition process involving dissolution of human remains by placing the remains in a dissolution chamber containing water and chemical solution including potassium hydroxide or sodium hydroxide, or a combination of both, and introducing heat to break down the remains until bone fragments that may be pulverized and liquid remain.(2)
“Alternative Disposition” Alternative disposition is a board-authorized method of final disposition of human remains other than burial, entombment, burial at sea, cremation or removal from the state, and includes dissolution.(3)
“Alternative Disposition Facility” An alternative disposition facility is a facility containing equipment designed for the final disposition of human remains through alternative methods authorized by the board including, but not limited to, dissolution.(4)
“Alternative Disposition Facility Authority” An Alternative Disposition Facility Authority is any person, partnership or corporation with a Certificate of Authority to operate a dissolution chamber or other alternative disposition equipment as authorized by the Board by rule.(5)
“Apprentice” has the same meaning as “Trainee” as used in ORS692 and either term may be used interchangeably by Board Licensees, Applicants or Registrants in practice.(6)
“At Need” As used in this chapter, means arrangements entered into after a death has occurred, “at the time of need.”(7)
“Authorizing Agent” An authorizing agent is a person legally entitled to order the arrangements and disposition of human remains and cremated remains.(8)
“Burial Vault” A burial vault is a container designed to protect the contents from the intrusion of outside elements, and support the weight of the surrounding earth and maintenance equipment.(9)
“Certificate of Authority” A Certificate of Authority is a certificate issued to an entity responsible for the operation of a cemetery, crematory, or alternative disposition facility.(10)
“Cremated Remains” and “Alternative Disposition Remains” Cremated remains or alternative disposition remains are the remaining bone fragments after the act of cremation or alternative disposition is completed.(11)
“Cremated Remains Container” and “Alternative Disposition Remains Container” A cremated remains or alternative disposition remains container is a container in which processed cremated remains can be placed and closed to prevent leakage.(12)
“Cremation” Cremation is the technical heating process that reduces human remains to ash and bone fragments.(13)
“Cremation Chamber” A cremation chamber is the enclosed space in which the cremation process takes place.(14)
“Cremation Container” A cremation container is the container, if any, in which the human remains are placed for a cremation. The container must meet all the requirements of the crematorium.(15)
“Crematory Authority” The Crematory Authority is the legal entity or the authorized representative of the legal entity who conducts the cremation.(16)
“Crematory or Crematorium” A crematory or crematorium is any person, partnership, or corporation with a Certificate of Authority to operate a cremation chamber.(17)
“Death Care Consultant” A death care consultant is an individual who, for payment, provides consultations related to funeral or final disposition arrangements to the person or persons who are acting as a funeral service practitioner under ORS Chapter 432 (Vital Statistics). For purposes of this definition, the consultations include any conference, information, guidance or advice either at the time of death or when the death is soon to occur.(18)
“Death Care Industry” Death care industry means funeral service and final disposition practitioners and facilities.(19)
“Disinfectant Solution” A disinfectant solution is a chemical agent capable of destroying pathogens or their products when applied with sufficient time and concentration.(20)
“Disposition” Disposition is final disposition by burial, entombment, burial at sea, cremation, removal from the state, dissolution or other alternative disposition as authorized by board rule.(21)
“Dissolution” Dissolution includes, but is not limited to, alkaline hydrolysis.(22)
“Dissolution Chamber” A dissolution chamber is a purpose-built vessel that is closed and sealed on all sides when human remains are placed inside and the dissolution process takes place.(23)
“Dissolution Container” A dissolution container is the container, if any, in which human remains are placed for the purpose of placement in the dissolution chamber.(24)
“Embalmed” Human remains are considered embalmed when sufficient disinfectant solution or preservative fluid has been injected into the circulatory system or applied externally, or both, to help eliminate the danger of spreading disease or infection.(25)
“Final Processing” Final Processing is the processing of bone fragments to an unidentifiable dimension following the cremation or dissolution process.(26)
“Grave Liner” A grave liner is a burial container either in sectional or box form, built and designed to be installed in a grave to support the weight of the earth and maintenance equipment.(27)
“Holder of a Certificate of Registration” A “Holder of a Certificate of Registration” means the same as “Certified Provider” as defined in ORS 97.923 (Definitions for ORS 97.923 to 97.949)(2).(28)
“Holding Room” A holding room is a suitable room constructed in accordance with OAR 830-040-0020 (Requirements and Specifications for Preparation Rooms)(2), (4) and (5) which licensed funeral establishments use for the care, storage, or holding of human remains prior to effecting disposition. This room must be of sufficient size to accommodate at least one table for a casketed remains and an attendant. The room may be used by the funeral establishment to care for or repair remains in those facilities that do not offer on premises embalmings. This room would be other than a chapel, viewing or visitation room, office supply room, closet or a room normally open to the public.(29)
“Human Remains” Human remains means a dead human body.(30)
“Identification Viewing” Identification viewing means viewing human remains for the purpose of identifying the remains, regardless of whether the remains have been washed or otherwise prepared.(31)
“Identifying Metal Disc” An identifying metal disc is a metal disc, approximately one inch in diameter with a number assigned by the State Registrar’s Office, each with a different number, for the purpose of accompanying human remains through the disposition process and to serve as a means of permanent identification of those remains.(32)
“Intern Apprentice” or “Intern” or “Intern Trainee” An intern apprentice is any student enrolled in an accredited funeral service education program who is serving his/her three-month internship under the supervision of a combination-licensed funeral service practitioner/embalmer at a participating funeral establishment.(33)
“Licensed Facility” A licensed facility is any licensed business governed by ORS Chapter 692 (Funeral Service Practitioners).(34)
“Licensee” Licensee means any individual or facility licensed under ORS Chapter 692 (Funeral Service Practitioners) and any preneed salesperson registered under ORS 97.931 (Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales).(35)
“Minimum Preparation of Human Remains” Minimum preparation of human remains means the human remains are completely washed as defined in this section.(36)
“Offensive Treatment of Human Remains” As used in this rule and in ORS Chapter 692 (Funeral Service Practitioners), offensive treatment of human remains is treatment offensive to the generally accepted standards of the community.(37)
“Prearrangement” As used in this chapter, prearrangement has the same meaning as used in ORS 97.923 (Definitions for ORS 97.923 to 97.949).(38)
“Preneed Funds” Preneed funds are specified amounts paid for funeral, cemetery or cremation goods and/or services that are sold in advance of need but not delivered.(39)
“Preneed Salesperson” As used in these rules, “preneed salesperson” means an individual registered under ORS 97.931 (Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales) and employed by a certified provider authorized by the Department of Consumer & Business Services to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider.(40)
“Preparation Room” As used in these rules, preparation room means the same as embalming facility as used in ORS Chapter 692 (Funeral Service Practitioners).(41)
“Principal” Principal means a person who has controlling authority over the licensed facility, including but not limited to:(a)
Managers or other persons who have decision-making authority and whose primary duties include control over the operation of the licensed facility;(b)
Officers or directors who have some degree of responsibility for the operation of the licensed facility;(c)
General Partners, limited and joint ventures;(d)
Sole proprietors;(e)
Stockholders holding a majority of outstanding shares of stock; and(f)
Members of a Limited Liability Company.(42)
“Processed Cremated or Alternative Disposition Remains” As used in this chapter, processed cremated or alternative disposition remains are the result of pulverization, where the residual from the cremation or alternative disposition, such as dissolution, process is reduced to unidentifiable dimensions.(43)
“Public Viewing” Public viewing means the human remains have, at minimum, been washed, as defined in this section, and the remains are placed in a viewing room, church, chapel or other suitable place for viewing of the remains.(44)
“Receptacle” As used in this chapter, a receptacle means a container for human remains including but not limited to a casket, alternative container, or cloth or plastic container.(45)
“Refrigeration Unit” As used in this chapter, a refrigeration unit is one used in licensed facilities to store dead human remains that meets commercial standards.(46)
“Registration” Registration may refer to the registration of a cemetery that does not fall under the category of “Operating Cemetery” as defined in ORS 692.010 (Definitions)(7) or it may refer to the “registration” of preneed salespersons. Registration of non-operating cemeteries and preneed salespersons is required for compliance with Oregon Laws.(47)
“Sanitary Condition” Sanitary includes, but is not limited to, being clean from dirt, foreign particles, bloodstains, offensive odors or insects.(48)
“Sealed Casket” A sealed casket is one that is designed by a manufacturer to be sealed prior to final disposition.(49)
“Solicitation” Solicitation is defined as actively endeavoring to obtain business or clientele through means such as telephone or personal contact.(50)
“Visitation” Visitation means a specific time and place to gather where the human remains are present, except for graveside service.(51)
“Washed” Human remains are considered washed and brought to a sanitary condition when the entire surface of the human remains has been bathed with a disinfectant solution and the mouth, nose, and other body orifices have been washed and, when necessary, packed with cotton saturated with a disinfectant solution.
Source:
Rule 830-011-0000 — Definitions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=830-011-0000
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