Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

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:

(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 shall, before performing an act specified in subsection (1)(b) or (c) of this section, make a reasonable attempt to identify the human remains and notify the person described in ORS 97.130 (Right to control disposition of remains) (2) who has authority to direct disposition of the remains of the deceased person.

(3)

A cemetery authority that performs an act specified in subsection (1) of this section may not be held liable for performing that act.

(4)

A person described in ORS 97.130 (Right to control disposition of remains) (2) who has the authority to direct disposition of the remains of the deceased person may not be held liable, or be considered to have violated a provision of ORS 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers), if the person:

(a)

Makes a request of the cemetery authority to undertake an action specified in subsection (1) of this section; or

(b)

Personally undertakes an action specified in subsection (1) of this section. [2019 c.241 §2]
Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457


Source

Last accessed
Jun. 26, 2021