OR Funeral Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Board rulemaking authority

The Oregon Mortuary and Cemetery Board adopts administrative rules under ORS chapter 692 through APA notice-and-comment, filing effective rules with the Secretary of State.

Contested case procedure

Board discipline follows ORS chapter 183: charges, hearing before an administrative law judge, proposed order, and a final order by the Board subject to judicial review.

Board inspection authority

The Board may inspect licensed funeral establishments, embalming facilities, cemeteries, and crematories and review required records; refusal is a ground for discipline.

Funeral service practitioner license

A license required to arrange, direct, or supervise funerals for compensation in Oregon, obtained through Board-approved education, apprenticeship, and examination.

Practitioner in charge

A licensed funeral establishment must have a licensed funeral service practitioner responsible for its operation; the establishment cannot lawfully operate without one.

Trainee registration

An apprentice or trainee must register with the Board and work under supervision of a licensed practitioner before qualifying for licensure.

License renewal requirements

Oregon licenses renew on the Board's cycle with a fee and continuing education; practicing after expiration without renewal is unlicensed practice.

Embalming facility equipment

A preparation room must have hot and cold running water, a disinfectable preparation table, adequate ventilation and lighting, and handwashing facilities.

Bloodborne pathogen precautions

Gloves, gowns, and eye protection are required when handling remains; sharps go into labeled puncture-resistant containers and surfaces are disinfected after use.

Holding remains before disposition

Remains must be refrigerated or embalmed when disposition is delayed beyond the period allowed by rule; unrefrigerated holding is time-limited.

Establishment record retention

Funeral establishments must keep contracts, embalming authorizations, and disposition records for the retention period set by Board rule and produce them on inspection.

Priority for custody of remains

Oregon statute sets an order of persons with the right to control disposition, generally beginning with a written designee or the surviving spouse, then other relatives.

Designation of disposition agent

A written designation executed by the decedent naming an agent to control disposition generally overrides the statutory priority list and binds the provider.

Cremation authorization

Cremation requires written authorization from the person with legal authority, identity verification, and confirmation that no known legal impediment or objection exists.

Disinterment requirements

Removal of remains from a grave requires authorization from the person with custody, cemetery consent, and any court order or permit required by law.

Death certificate filing

The funeral service practitioner initiates filing of the death certificate with the registrar within the statutory period; the medical certifier completes cause of death.

Disposition permit

A burial-transit or cremation permit must be issued before final disposition, based on the filed death certificate and required local approvals.

Medical examiner jurisdiction

Deaths from suspected homicide, suicide, accident, or unattended deaths fall under medical examiner jurisdiction; release is required before embalming or disposition.

Amending vital records

Corrections to a filed death certificate go through the state vital records amendment process; the original certificate is not altered by the funeral provider.

Preneed contract defined

A contract made before death for funeral merchandise or services; Oregon requires written terms, required disclosures, and Board-compliant seller registration.

Preneed trust deposit

A statutory percentage of preneed contract funds must be deposited into a trust account with a qualified trustee within the time set by Oregon law.

Guaranteed preneed contract

A contract in which the provider agrees to furnish the specified goods and services at need without additional charge, regardless of actual cost.

Preneed trust release

Trust funds are released to the provider upon proof of death and performance of contracted services, with any excess distributed as statute and contract require.

General price list

A written itemized list of funeral goods and services and their prices, given to anyone who asks in person and retained by the requester.

Required versus optional disclosure

The provider must tell the consumer which items are legally required and which are optional; misstating a legal requirement is a deceptive trade practice.

Unlawful trade practices

Oregon's Unlawful Trade Practices Act, ORS chapter 646, applies to funeral and cemetery sales and supports both consumer claims and Board enforcement.

Statement of goods selected

Before services are performed, the provider must give a written statement listing selected goods and services and the total cost, and honor those prices.

Board sanctions

Authorized discipline includes revocation, suspension, probation, reprimand, civil penalties, and conditions such as additional education or supervised practice.

Failure to cooperate

Refusing to respond to a Board investigation or subpoena is an independent ground for discipline, separate from the underlying complaint.

Unlicensed practice injunction

The Board may seek injunctive relief and civil penalties against persons practicing funeral service, embalming, or cemetery operation without required licensure.

Crematory operating procedure

A crematory must follow written procedures covering identification, authorization, the waiting period, and handling of implants and personal effects before cremation.

Endowment care fund

Cemetery funds set aside for perpetual maintenance, held and accounted for separately with required deposits and periodic reporting to the Board.