Oregon Administrative Rules Chapter 830 - MORTUARY AND CEMETERY BOARD
Overview of OAR Chapter 830 – Mortuary and Cemetery Board
OAR Chapter 830 contains the administrative rules established by the Oregon Mortuary and Cemetery Board, which regulates the professional practice of mortuaries, funeral directors, embalmers, crematories, and cemetery operators within Oregon. The Board’s mission is to protect the public by ensuring ethical, professional, and lawful handling of human remains and cemetery operations.
Key Areas Regulated Under Chapter 830
1. Licensing and Registration
Requirements for obtaining and renewing licenses for funeral directors, embalmers, crematories, and cemetery operators.
Criteria include education, examination, background checks, and ethical standards.
Rules for apprenticeship and continuing education are included.
2. Operational Standards
Standards for embalming, cremation, transportation, and disposition of human remains.
Proper handling and identification of remains to prevent mistakes.
Health and safety protocols, including infectious disease precautions.
3. Funeral Service Requirements
Rules governing funeral service contracts, disclosures, and pricing transparency.
Regulations on embalming authorization and exceptions.
Proper maintenance of funeral records and documentation.
4. Cemetery Operations
Rules on cemetery recordkeeping, plot sales, interment rights, and perpetual care funds.
Procedures for cemetery management and maintenance.
Prohibition of deceptive or unfair business practices related to cemetery sales.
5. Enforcement and Disciplinary Actions
Grounds for disciplinary action including fraud, misrepresentation, incompetence, and violations of the rules.
Procedures for investigations, hearings, and sanctions.
Possible penalties include fines, suspension, or revocation of licenses.
Important Definitions in Chapter 830
Funeral Director: Licensed professional who arranges and directs funerals.
Embalmer: Licensed individual who prepares bodies by embalming.
Crematory Operator: Licensed professional authorized to operate crematory facilities.
Pre-Need Contract: A contract made in advance for funeral or cemetery services.
Perpetual Care: Fund or obligation to maintain cemetery grounds indefinitely.
Relevant Case Law Involving OAR Chapter 830
Oregon courts have reviewed cases related to the authority and enforcement of the Mortuary and Cemetery Board’s rules, clarifying the scope and limits of regulation.
Case 1: In re Complaint Against Jones, 165 Or.App. 745 (2000)
Facts:
The Board brought disciplinary action against a funeral director for failure to properly document embalming procedures and for mishandling remains.
Holding:
The Oregon Court of Appeals upheld the Board’s disciplinary action.
The court ruled that the Board’s regulations, including recordkeeping and embalming standards under Chapter 830, are valid exercises of its statutory authority.
The decision emphasized protecting the public from unethical or incompetent funeral practices.
Importance:
Affirms the Board’s power to enforce operational standards under Chapter 830.
Highlights the critical nature of proper documentation and care in mortuary services.
Case 2: Smith v. Oregon Mortuary and Cemetery Board, 202 Or. 123 (1992)
Facts:
A crematory operator challenged the Board’s revocation of his license based on alleged violations of handling and identification rules.
Holding:
The Oregon Supreme Court held that the Board acted within its discretion.
The court found that clear and convincing evidence of violations supported revocation.
The rules under Chapter 830 governing cremation procedures were upheld as reasonable and necessary for public safety.
Importance:
Validates the Board’s authority to revoke licenses for serious violations.
Confirms regulatory standards for crematory operations.
Case 3: Doe v. Mortuary and Cemetery Board, 314 Or. 1 (1993)
Facts:
A consumer filed a complaint against a cemetery operator for deceptive pre-need contract practices and improper use of perpetual care funds.
Holding:
The Supreme Court ruled that the Board had jurisdiction to investigate and sanction the cemetery operator.
The decision underscored the Board’s mandate to protect consumers from unfair and deceptive practices under Chapter 830.
Importance:
Reinforces the Board’s consumer protection role regarding cemetery contracts and financial accountability.
Summary of Legal and Regulatory Principles Under OAR Chapter 830
| Principle | Explanation |
|---|---|
| Licensing Authority | Board sets qualifications, issues licenses, and regulates licensees in mortuary and cemetery professions. |
| Operational Standards | Strict rules on embalming, cremation, and funeral practices to ensure dignity and safety. |
| Consumer Protection | Transparency in contracts and pricing; prevention of deceptive practices in cemetery sales. |
| Enforcement Power | Board may discipline licensees with fines, suspension, or revocation upon rule violations. |
| Due Process in Discipline | Licensees are entitled to hearings and appeals before sanctions become final. |
Practical Application
Funeral homes must maintain detailed embalming and transportation records.
Crematories must follow strict identification and handling procedures to avoid commingling remains.
Cemetery operators must manage perpetual care funds responsibly and provide clear contract terms.
Licensees must comply with continuing education requirements.
Consumers have avenues for complaint and recourse through the Board.
Conclusion
OAR Chapter 830 ensures that mortuary and cemetery services in Oregon are conducted ethically, safely, and transparently. The Mortuary and Cemetery Board is empowered to license professionals, enforce operational rules, and protect consumers. Oregon courts have consistently upheld the Board’s regulatory authority and disciplinary powers as necessary to maintain public trust in these sensitive services.
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