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Rulemaking

                                                                                                                                                                        
Rulemaking Related for the Oregon Mortuary & Cemetery Board  
                                                                                                                                                                         
 
 * Indicates that this page was lasted updated Octo​ber 17 2014

Subject:  Rulemaking Announcement *

 

To Oregon Mortuary and Cemetery Board Licensees and Interested Persons:

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Notice of Temporary Administrative Rule-making regarding Ebola

 

The Oregon Mortuary and Cemetery Board is adopting  a temporary Administrative Rule in order to remove the current requirement to embalm remains of persons who died of or with Ebola.  The Board directs all licensees to review and comply with the guidelines published by the CDC, which are linked below.  We are currently working with the Oregon Department of Public Health, and will provide updated information or direction as it is available.

 

CDC Direction for Handling Human Remains with Ebola

http://www.cdc.gov/vhf/ebola/hcp/guidance-safe-handling-human-remains-ebola-patients-us-hospitals-mortuaries.html

 

Administrative Rule--What is Changing:

830-030-0070 Transportation and Care of Persons Who Have Died of or With Communicable Diseases

(1) Except for transportation of remains from place of death to a licensed facility or other holding facility, transportation of persons who have died of or with communicable diseases specified by the Oregon Health Authority shall be permitted only under the following conditions: the human remains shall be thoroughly embalmed with approved disinfectant solution; all orifices shall be closed with absorbent cotton; and the body shall be washed.

(2) Communicable diseases which apply to this section are as follows:

(a) Acquired immunodeficiency syndrome;

(b) Diphtheria;

(c) Hemorrhagic fevers (e.g., Ebola); ßBeing removed.

(d) Hepatitis B;

(e) Hepatitis C;

(f) Hepatitis, delta;

(g) Human immunodeficiency virus;

(h) Plague;

(i) Rabies;

(j) Tularemia; and

(k) Tuberculosis.

(3) If religious custom or the conditions of the remains prohibit embalming, a human remains shall be received for transportation by a common carrier if the human remains are placed in a sealed impervious

container enclosed in a strong transportation case or in a sound container designed for that that purpose enclosed in a sealed impervious transportation case.

(4) Notwithstanding (1)(2) and (3),  the Director of Oregon Public Health or State Public Health Director may provide additional or different requirements for handling of human remains in writing to the Board in response to a public health event.  Any such overriding requirements will be sent to all impacted licensees by the Board, and posted on the Board’s website. ß Being added.

 

What Happens with a Temporary Rule?

A temporary rule is in effect for 180 days during which the Board must initiate a permanent rule-making process with a full public review and comment period for the permanent rules proposed.  Otherwise, the temporary changes would expire and the rule would revert as is.  The Board is using the Temporary Rule-making process in order to make what the Board believes is a critical change expediently, and will then review the section in more detail with all stakeholders to consider any other possible changes.  You will receive a notification of that Permanent Rule-making process once it begins.


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The Oregon Mortuary and Cemetery Board has filed Notice of Proposed Rulemaking and Hearing with the Secretary of State for publication in the October 1 2014 Oregon Bulletin.  


The amendments relate to the creation of a continuing education program, reporting and content requirements, and relating procedures; adds requirement for completion of continuing education for license renewal. The proposed program will require 10 units of continuing education each calendar year. Practitioners will need to maintain records related to courses taken, and will be required to complete a form at license renewal with this information.  


The CE requirement shall apply to: a. Licensed funeral service practitioners, b. Licensed embalmers, c. Licensed death care consultants, d. Registered funeral or cemetery preneed salespersons, e. Managers of a cemetery, crematory or alternative disposition facility licensed by the Board.

 

The Board requests public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing negative economic impact of the rule on business.  You may request a copy of the rules by calling 971-673-1507. 

 

A public hearing has been scheduled for 12:30pm on November 5 2014 at 800 NE Oregon Street, Suite 445, Portland OR. Written comment regarding the proposed rule amendments will be accepted through November 6 2014, 5pm.  If you have any questions regarding the proposed rule amendments, please contact Michelle Gaines at 971-673-1502 or email michelle.gaines@state.or.us


Notice of Proposed Rulemaking Hearing

Proposed Rules

Statement of Need and Fiscal Impact​


OMCB Continuing Edu​cation Guiding Principles * 



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When new or revised administrative rules are proposed, a Notice of Rulemaking / Hearing is distributed to an "interested parties" list and posted to our Web site at least 28 days prior to the scheduled hearing.
 
Notices alert stakehold​ers of proposed new rules and rulemaking that amends existing rules or repeals outdated or unnecessary rules.
 
A Statement of Need and Fiscal Impact accompanies each rulemaking notice to communicate the need for the rule, the proposed action being considered, documents relied upon in determining the proposed action and the fiscal impact to individuals, small businesses or others that may result from permanent rule adoption.
 
A fiscal impact includes any fee increase or decrease, or any additional requirements that may impose a direct or indirect cost to applicants or license holders.

You may request a copy of the rules by calling 971-673-1507. 
 
Interested Parties Mailing List
Please send an email request to the Board (mortuary.board@state.or.us) to be included in the Rules, Interested Parties email notification of future proposed rulemaking. 
  

 
Need additional information?  Please contact the Board office and request assistance. 
 
Oregon Mortuary and Cemetery Board
800 NE Oregon Street, Suite 430
Portland OR 97232-2195
971-673-1507
971-673-1501 - fax
 
  
 
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