The Board's programs affect those who have suffered a loss, those who make final arrangements and those who provide death care goods and services. It is the Board's responsibility to license and regulate the practice of individuals and facilities engaged in the care, preparation, processing, transportation and final disposition of human remains.
In order to protect the public, it is the Board's responsibility to insure that all of Oregon's death care facilities are properly licensed. Licensed facilities must register with the Board in their true corporate, firm or individual name. In addition, each licensed facility is entitled to use one assumed business name, as registered with the Corporation Division.
Licensee means any funeral establishment, immediate disposition company, funeral service practitioner, embalmer, apprentice, cemetery authority or crematory authority licensed under ORS Chapter 692 and preneed salespeople licensed under ORS Chapter 97 and employed by a certified provider to engage in the sale of prearrangement or preconstruction sales contracts on behalf of the certified provider.
The purpose of the Board is to protect public health, safety and welfare by promoting professional behavior and enforcing compliance with civil statues and rules established for that purpose.
When the Board finds a violation, it may issue a reprimand, suspend or revoke a license or refuse to issue or renew a license. Although lacking authority to award compensatory (actual) damages, the Board may impose civil penalties up to $1,000 per violation or negotiate voluntary settlement agreements.
The Board's major duties include providing impartial oversight, regulation, testing, review, registration, certification, and discipline of funeral service practitioners, embalmers, death care consultants, funeral establishments, immediate disposition companies, cemeteries and crematoriums. This includes regular inspections of licensed facilities and investigation of complaints. The Board also monitors and administers an apprenticeship program for apprentice funeral service practitioners and embalmers. The 1993 Legislature mandated that the Board regulate and certificate preneed salespeople.
Pursuant to ORS 692.320 and ORS 97.931, the Board operates an apprentice program, administers license examinations, performs background checks, issues licenses, conducts facility inspections and investigates complaints. In accordance with the Administrative Procedures Act, the Board may impose discipline for violations of ORS chapter 692, OAR chapter 830 and ORS 97.931. The Board may also take action for violations of the following:
• ORS chapter 97, related to the final disposition of human remains and cemeteries;
• ORS 97.929 and 97.937, limited to three specific kinds of endowment care
cemetery preneed trust sales;
• ORS chapter 432 and OAR chapter 333 division 11, related to the final
disposition of human remains and vital records; and,
• 16 CFR Part 453 pertaining to funeral industry practices (the FTC Funeral Rule).
Oregon Mortuary and Cemetery Board
800 NE Oregon Street, Suite 430
Portland OR 97232-2195
971-673-1501 - fax