ORS 692.025
License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility

Text
Annotations

(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 (Funeral service practitioner license). 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.

(2)

An individual may not practice as an embalmer unless the individual is licensed as an embalmer under ORS 692.105 (Embalmer license). 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 following:

(a)

The practice of disinfecting or preserving from decay dead human bodies.

(b)

Preparing human bodies dead of contagious or infectious disease for transportation by railroad, express company or common carrier.

(3)

An individual may not practice as a death care consultant unless the individual is licensed as a death care consultant under ORS 692.143 (License to practice as death care consultant). Regardless of any title used by the individual, an individual practices as a death care consultant if the individual offers, for payment, consultations directly relating to the performance of funeral or final disposition services.

(4)

A person may not operate a funeral establishment unless the establishment meets the requirements under this subsection. A place is a funeral establishment if the place is customarily used for the care, preparation or viewing of dead human bodies before the bodies undergo final disposition, or before the bodies are transported out of the State of Oregon. A funeral establishment must:

(a)

Be licensed by the State Mortuary and Cemetery Board under ORS 692.146 (Application for funeral establishment or immediate disposition company license);

(b)

Be operated by a funeral service practitioner;

(c)

Have on the premises embalming facilities or holding room facilities meeting requirements established by the board; and

(d)

Have access to hospital or mortuary refrigeration.

(5)

A person may not operate an immediate disposition company unless the immediate disposition company meets the requirements under this subsection. An immediate disposition company must:

(a)

Be licensed at a fixed location under ORS 692.146 (Application for funeral establishment or immediate disposition company license); and

(b)

Be operated by a licensed funeral service practitioner.

(6)

A person or city, county or other municipal corporation may not conduct the business of an operating cemetery without first receiving a certificate of authority to conduct the business of an operating cemetery under ORS 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition).

(7)

A person may not operate a crematorium unless the crematorium meets the requirements of ORS 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition).

(8)

A person may not operate an alternative disposition facility unless the facility meets the requirements of ORS 692.275 (Certificate of authority for operating cemetery, crematorium or facility for final disposition).

(9)

An applicant for a license or certificate described in this section and a principal of a licensed establishment described in this section must consent to a background check, including information solicited from the Department of State Police. [1983 c.810 §4; 1985 c.207 §9; 1989 c.177 §2; 1991 c.542 §2; 1997 c.638 §3; 2009 c.709 §2; 2021 c.296 §20]

Note: The amendments to 692.025 (License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility) by section 20, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.

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 (Funeral service practitioner license). 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.

(2)

(a)