Or. Admin. Code § 830-011-0000

Current through Register Vol. 63, No. 11, November 1, 2024

Section 830-011-0000 - Definitions

(1) "Alkaline hydrolysis" is the alternative disposition process that uses water, alkaline chemicals, heat, and sometimes pressure and agitation to accelerate the conversion of human remains until bone fragments and a neutral liquid (effluent) remain.

(2) "Alternative Disposition" is a Board-authorized method of final disposition for human remains other than burial, entombment, burial at sea, cremation, or removal from the state, and includes dissolution and natural organic reduction.

(3) "Alternative Disposition Facility" is a location containing equipment designed for the final disposition of human remains through alternative methods authorized by the Board including, but not limited to, dissolution and natural organic reduction.

(4) "Alternative Disposition Facility Authority" is an Alternative Disposition Facility with a Certificate of Authority to operate a dissolution chamber, natural organic reduction chamber, or other alternative disposition equipment as authorized by Board rule.

(5) "Apprentice" has the same meaning as "Trainee" as used in ORS Chapter 692 and either term may be used interchangeably by Board licensees, applicants and registrants.

(6) "At Need" means arrangements entered into after a death has occurred - at the time of need.

(7) "Authorizing Agent" is a person legally authorized to make arrangements and direct final disposition of human remains, cremated remains, and alternative disposition remains.

(8) "Burial Vault" is a lined and sealed burial receptacle - often constructed from concrete - which performs all of the functions of a grave liner, and in addition is designed and constructed using one or more lining and sealing materials to increase the overall tensile strength of the finished unit and to reduce the risk of intrusion of exterior elements.

(9) "Certificate of Authority" is a document, equivalent to a license, which grants an entity authority to operate a cemetery, crematory, or alternative disposition facility.

(10) "Cremated Remains" and "Alternative Disposition Remains" are the remaining bone fragments after the act of cremation or alternative disposition is complete.

(11) "Cremated Remains Container" and "Alternative Disposition Remains Container" are containers in which processed cremated remains or processed alternative disposition remains can be placed and stored.

(12) "Cremation" is the technical heating process that reduces human remains to ash and bone fragments.

(13) "Cremation Chamber" is the enclosed space in which the cremation process takes place.

(14) "Cremation Container" is the enclosure, if any, in which the human remains are placed for a cremation.

(15) "Crematory Authority" is a crematory with a Certificate of Authority to operate a cremation chamber as authorized by Board rule.

(16) "Crematory" or "Crematorium" is an enclosed location containing equipment designed for the final disposition of human remains through cremation.

(17) "Death Care Consultant" is a person 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. The consultations may include any conference, information, guidance or advice either at the time of death or when the death is imminent.

(18) "Death Care Industry" means funeral service and final disposition practitioners and facilities.

(19) "Disinfectant Solution" is a chemical agent used to destroy, inactivate, or significantly reduce the concentration of pathogens.

(20) "Dissolution" includes, but is not limited to, alkaline hydrolysis.

(21) "Dissolution Chamber" is an industry-specific vessel that meets industry and commercial standards and is enclosed and sealed when human remains are placed inside and the dissolution process takes place.

(22) "Dissolution Container" is the enclosure, if any, in which human remains are placed for the purpose of placement in the dissolution chamber.

(23) "Effluent" is the sterile, neutral liquid containing salts, sugars, amino acids, and peptides, resulting from the alkaline hydrolysis process.

(24) "Embalming" is the process of chemically treating human remains to reduce the presence and growth of microorganisms, delay organic decomposition, and restore a decedent's physical appearance.

(25) "Final Disposition" is the burial, entombment, burial at sea, cremation, removal from the state, dissolution, natural organic reduction, or other alternative disposition as authorized by Board rule.

(26) "Final Processing" is the reduction of identifiable bone fragments after the completion of cremation, dissolution, natural organic reduction, or other form of alternative disposition, and processing to granulated particles by manual or mechanical means.

(27) "Grave Liner" is a burial receptacle placed in the ground in a cemetery. It may be of either sectional, dome, or box form, and is designed and built to support the weight of the earth covering a grave, in addition to any standard cemetery maintenance equipment, in order to prevent the grave from collapsing.

(28) "Holder of a Certificate of Registration" means the same as "Certified Provider" as defined in ORS 97.923(2).

(29) "Holding Room" is a room constructed in accordance with OAR 830-040-0020(2), (4) and (5), which licensed funeral establishments use for the care, storage, or holding of human remains prior to effecting final 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.

(30) "Human Remains" mean the body of a deceased person.

(31) "Identification Viewing" is the viewing of human remains for the purpose of identifying the remains, whether they have been washed or otherwise prepared.

(32) "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 throughout the final disposition process and to serve as a means of permanent identification of those remains.

(33) "Intern Apprentice", "Intern" or "Intern Trainee" is any student enrolled in an accredited funeral service education program who is serving their three-month internship under the supervision of a combination-licensed funeral service practitioner/embalmer at a participating funeral establishment.

(34) "Licensed Facility" is any licensed entity governed by ORS Chapter 692.

(35) "Licensee" is any person or facility licensed under ORS Chapter 692 and any preneed salesperson registered under ORS 97.931.

(36) "Minimum Preparation of Human Remains" means the human remains are washed as defined in this section.

(37) "Natural Organic Reduction" is the controlled and contained accelerated conversion of human remains to soil.

(38) "Natural Organic Reduction Chamber" is an enclosed space in which the natural organic reduction process takes place.

(39) "Offensive Treatment of Human Remains" is treatment offensive to the generally accepted standards of the community and may result in the revocation, suspension, or refusal to issue or renew a license, in accordance with ORS 692.180.

(40) "Prearrangement" and "Preneed" have the same meaning as used in ORS 97.923.

(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.

(41) "Preneed Funds" are specified amounts paid for funeral, cemetery, cremation or alternative disposition goods and/or services that are sold in advance of need but not yet delivered.

(42) "Preneed Salesperson" means a person registered under ORS 97.931 and OAR 830-011-0070 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.

(43) "Preparation Room" is a room in a funeral establishment where human remains are prepared - either washed or washed and embalmed. The preparation room must comply with all requirements set forth in OAR 830-040-0020.

(44) "Principal" means a person who has controlling authority over a 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.

(45) "Processed Cremated Remains" and "Processed Alternative Disposition Remains" are the result of the reduction of identifiable bone fragments after the completion of cremation, dissolution, natural organic reduction, or other form of alternative disposition and processed to granulated particles by manual or mechanical means.

(46) "Public Viewing" means the human remains have, at a 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.

(47) "Receptacle" is a container for human remains including, but not limited to, a casket, alternative container, or cloth or plastic container.

(48) "Reduction" means the accelerated conversion of human remains into bone fragments, essential elements, or soil by cremation, natural organic reduction, or other form of alternative disposition.

(49) "Refrigeration Unit" is a commercial or industrial grade refrigeration unit that is located in a hospital or funeral establishment, which may only be used by licensed facilities for the purpose of storing human remains at or below 36 degrees Fahrenheit until final disposition.

(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.

(50) "Registration" means either:

(a) The required registration of an exempt operating cemetery as defined in ORS 692.010(3), or

(b) The required registration of preneed salespersons with the Board.

(51) "Sanitary Condition" means that the appropriate level of cleaning has taken place and is verifiable. Meeting the appropriate level of sanitation includes, but is not limited to, cleaning, disinfecting, and eliminating dirt, foreign particles, bloodborne pathogens and other potentially infectious materials, offensive and hazardous odors, and any organism that spreads disease, causes destruction or is otherwise a nuisance.

(52) "Solicitation" means the act of endeavoring to obtain business or clientele through means such as:

(a) telephone,

(b) email,

(c) social media, or

(d) personal contact.

(53) "Visitation" is a scheduled time and place for people to gather where the human remains are present, except for graveside service.

(54) "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 that has been saturated with a disinfectant solution

Or. Admin. Code § 830-011-0000

MCB 1-1986, f. & ef. 10-21-86; MCB 1-1988, f. & cert. ef. 2-10-88; MCB 1-1989, f. & cert. ef. 2-6-89; Renumbered from 830-030-0010(1)(a) - (k) & 830-030-0020; MCB 1-1993, f. 4-14-93, cert. ef. 4-16-93; MCB 1-1994, f. 6-28-94, cert. ef. 8-1-94; MCB 1-1997, f. 6-18-97, cert. ef. 7-1-97; MCB 1-1998, f. & cert. ef. 6-22-98; MCB 1-2001(Temp), f. 12-12-01, cert. ef. 1-1-02 thru 6-29-02; MCB 1-2002, f. 5-30-02, cert. ef. 6-30-02; MCB 1-2009, f. & cert. ef. 7-1-09; MCB 1-2010(Temp), f. & cert. ef. 4-1-10 thru 9-27-10; MCB 2-2010, f. 9-23-10, cert. ef. 9-24-10; MCB 1-2011, f. 7-29-11, cert. ef. 8-1-11; MCB 1-2012, f. 3-27-12, cert. ef. 4-1-12; MCB 1-2015, f. 12-31-15, cert. ef. 1/1/2016; MCB 1-2022, amend filed 06/30/2022, effective 7/1/2022

Statutory/Other Authority: ORS 97.931, 692.320 & 2015 HB 2471

Statutes/Other Implemented: ORS 97.931, 692.320 & 2015 HB 2471