Oregon Chapter 97
Chapter 97 — Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical GiftsDownload Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)
View 2005 version of these codes
Code Resources
Oregon Resources
Oregon Website
Oregon Governor
Oregon Legislature
Oregon Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
Chapter 97 — Rights
and Duties Relating to Cemeteries,
Human Bodies
and Anatomical Gifts
2007 EDITION
CEMETERIES, HUMAN BODIES AND ANATOMICAL GIFTS
PROPERTY RIGHTS AND TRANSACTIONS
GENERAL PROVISIONS
97.010 Definitions
97.020 Exemption
of certain organizations and cemeteries from certain sections of chapter
97.030 Vested
rights not acquired
97.040 Private
family burial grounds
AUTOPSIES
97.082 Consent
for certain autopsies; form
DISPOSITION OF HUMAN BODIES
97.110 Human
remains not to be attached
97.120 Human
remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to
97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
97.130 Right
to control disposition of remains; delegation
97.145 Liability
for failure to conform to written instrument directing control of remains
97.150 Disposition
of cremated remains; procedures; notice; actions against cemetery or funeral
service providers
97.153 Diagnostic
or therapeutic radioisotopes in body
97.160 Duty
of hospital or sanitarium to notify before sending remains to undertaker;
procedures
97.170 Disposition
of body of indigent or child in custody of Department of Human Services
97.180 Period
within which body may not be used
97.190 Post-mortem
examination of body
97.200 Disposition
of remains after educational use thereof
97.210 Exceptions
to application of ORS 97.170 to 97.200; rules
97.220 Disinterment
DEDICATION TO CEMETERY PURPOSES; PLATTINGS
97.310 Survey
and subdivision of land; map or plat of mausoleum or columbarium; access
easement
97.320 Filing
map or plat and declaration of dedication of land to cemetery purposes
97.330 When
dedication is complete
97.340 Effect
of dedication
97.350 Dedication
to cemetery purposes not invalid
97.360 Resurvey
and alteration in shape or size; vacation of streets, walks, driveways and
parks and replatting into lots
97.370 Fixing
date of hearing; notice
97.380 Hearing;
order allowing replatting
97.390 Assessment
of benefits and damages
97.400 Disposal
of newly created lots; disposition and use of proceeds from sale; failure of
owner to perform duties
97.410 Right
of adjacent lot owner upon vacation of way
97.420 Effect
of failure to object
97.430 Declaration
of exercise of police power and right of eminent domain
97.440 Removal
of dedication
97.445 Vacating
county interest in cemetery real property
97.450 Discontinuance
of cemetery and removal of remains and markers
97.460 Approval
required prior to establishment of cemetery or burial park
SALES AND RIGHTS IN RESPECT OF CEMETERY PLOTS
97.510
97.520
97.530 Commission,
bonus or rebate for sale of plot or services
97.540 Commission,
bonus or rebate for recommendation of cemetery
97.550 Plots
are indivisible
97.560 Presumption
of sole ownership in grantee of plot
97.570 Spouse
has vested right of interment
97.580 Divestiture
of spouse’s right of interment
97.590 Transfer
of plot or right of interment
97.600 Descent
of plot
97.610 Determining
occupant of burial plot having coowners
97.620 Death
of coowner; authorization to use plot under directions of surviving owners
97.630 Family
plots; order of occupation
97.640 Waiver
or termination of vested right of interment
97.650 Limitations
upon vested right of interment
CEMETERY MANAGEMENT
97.710 Power
of cemetery to make rules and regulations
97.720 Record
of interments and cremations; inspection
97.730 Gifts
and bequests in trust for cemeteries
INDIAN
97.740 Definitions
for ORS 97.740 to 97.760
97.745 Prohibited
acts; application; notice
97.750 Permitted
acts; notice
97.760 Civil
action by Indian tribe or member; time for commencing action; venue; damages;
attorney fees
97.772 Definition
of “historic cemetery”
97.774 Oregon
Commission on Historic Cemeteries; terms
97.776 Commission
members; nominations
97.778 Chairperson;
quorum; meetings
97.780 Duties
97.782 Listing
of historic cemeteries; form
97.784 Executive
secretary; support services
CEMETERY CARE
97.810 Endowment
care and nonendowed care cemeteries
97.820 Placing
cemetery under endowed care; deposit; commingling endowment and special care
funds; trustee or custodian of fund
97.825 Suits
to enforce endowed care statutes; attorney fees
97.830 Investment
and reinvestment of principal of endowed care funds; use and application of
income
97.835 Limitation
of duties and liability of trustee
97.840 Cemetery
authority authorized to receive and hold gifts of property; disposition of
gifts
97.850 Endowment
and special care funds are charitable
97.860 Agreements
for care
97.865 Application
of ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870 Unused
and uncared for portions of cemetery declared common nuisances
97.880 Resolution
declaring a nuisance
97.890 Complaint
97.900 Summons
97.910 Disuse
as prima facie evidence of abandonment
97.920 Judgment
declaring nuisance, authorizing abatement and creating and foreclosing lien
PREARRANGEMENT SALES AND PRECONSTRUCTION
SALES
97.923 Definitions
for ORS 97.923 to 97.949
97.925 Purpose
97.926 Rulemaking
authority
97.927 Applicability
of ORS 97.923 to 97.949
97.929 Exceptions
to ORS 97.923 to 97.949
97.931 Registration
of salesperson for endowment care cemeteries, preconstruction sales and
prearrangement sales; rules; background check; civil penalties
97.933 Certification
of provider of prearrangement or preconstruction sales; annual reports; audits;
fees
97.935 Registration
of master trustees; annual reports; annual audits; fees
97.936 Emergency
orders of suspension or restriction
97.937 Deposit
of trust funds made by endowment care cemeteries
97.939 Prearrangement
or preconstruction sales contracts; contents; delivery
97.941 Prearrangement
or preconstruction trust fund deposits
97.942 Appointment
of receiver; criteria
97.943 Distributions
from prearrangement trust fund deposits
97.944 Distributions
from preconstruction trust fund deposits
97.945 Funeral
and Cemetery Consumer Protection Trust Fund; fee; rules
97.946 Advertising
and marketing prohibitions
97.947 Examination
of providers and master trustees by director; subpoena power; depositions
97.948 Grounds
for discipline by director for violation of ORS 97.923 to 97.949; suspension
and revocation of certificate or registration; civil penalties; notification of
board
97.949 Notification
by director to appropriate federal, state or local law enforcement officer of
violation of ORS 97.923 to 97.949
REVISED UNIFORM ANATOMICAL GIFT ACT
97.951 Short
title
97.953 Definitions
97.955 Purpose
of anatomical gift; persons authorized to make gift
97.957 Methods
of making anatomical gift before death of donor
97.959 Revocation
or amendment of anatomical gift before death of donor
97.961 Refusal
to make anatomical gift; effect of refusal
97.963 Effect
of making, amending or revoking anatomical gift
97.965 Persons
authorized to make anatomical gift of body or body part of decedent
97.967 Methods
for making, amending or revoking anatomical gift of body or body part of
decedent by authorized person
97.969 Authorized
recipients of anatomical gifts; purposes for which gift may be used
97.970 Search
for document of anatomical gift or refusal; duty to send document or refusal to
hospital
97.971 Delivery
of document of gift or refusal not required; right to examine
97.972 Rights
and duties of procurement organizations and others; authorized examinations
97.973 Coordination
of procurement and use of anatomical gifts
97.974 Immunity
of persons acting in accordance with ORS 97.951 to 97.982
97.976 Law
governing validity of document of gift; presumption of validity
97.977 Donor
registry; duty of Department of Transportation to cooperate with donor registry
97.978 Resolution
of conflict between potential anatomical gift and advance directive
97.979 Cooperation
between medical examiner and procurement organization
97.980 Facilitation
of anatomical gift from decedent whose body is under jurisdiction of medical
examiner
97.981 Purchase
or sale of body parts prohibited
97.982 Alteration
of document of anatomical gift prohibited
97.983 Relation
to Electronic Signatures in Global and National Commerce Act
ANATOMICAL GIFTS
97.984 Liability
of executor who carries out anatomical gift
97.985 Transplants
not covered by implied warranty
FEDERAL AID FOR CEMETERIES
97.987 Department
of Transportation use of federal moneys for cemetery care
PENALTIES
97.990 Penalties
97.992 Penalties
for ORS 97.937
97.994 Penalties
for ORS 97.931, 97.933 and 97.941
GENERAL PROVISIONS
97.010
Definitions. As used in ORS
97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920, 97.923
to 97.949, 97.990 and 97.994:
(1) “Burial” means the placement of human
remains in a grave or lawn crypt.
(2) “Burial park” means a tract of land
for the burial of human remains, used, or intended to be used, and dedicated
for cemetery purposes.
(3) “Burial right” means the right to use
a grave, mausoleum, columbarium, ossuary or scattering garden for the interment
or other disposition of human remains.
(4) “Cemetery” means a place:
(a) Dedicated to and used, or intended to
be used, for the permanent interment of human remains; and
(b) That may contain a mausoleum, crypt or
vault interment, a columbarium, ossuary, scattering garden or other structure
or place used or intended to be used for the interment or disposition of
cremated remains or any combination of these structures or places.
(5) “Cemetery association” means a
corporation or association authorized by its articles of incorporation to
conduct the business of a cemetery, but does not include a corporation sole or
a charitable, eleemosynary association or corporation.
(6) “Cemetery authority” means a person who
owns or controls cemetery lands or property, including but not limited to a
cemetery corporation, association or corporation sole.
(7) “Cemetery business” and “cemetery
purpose” are used interchangeably and mean any business or purpose requisite or
incident to, or necessary for establishing, maintaining, operating, improving
or conducting a cemetery, interring human remains, and the care, preservation
and embellishment of cemetery property.
(8) “Cemetery merchandise” means personal
property offered for sale or sold for use in connection with the final
disposition, memorialization or interment of human remains. “Cemetery
merchandise” includes, but is not limited to, an outer burial container and a
memorial.
(9) “Cemetery services” means services
provided by a cemetery authority for interment or scattering, and installation
of cemetery merchandise.
(10) “Columbarium” means a structure or
room containing receptacles for permanent inurnment of cremated remains in a
place used, or intended to be used, and dedicated for cemetery purposes.
(11) “Cremated remains” means the remains
of a cremated human body after completion of the cremation process.
(12) “Cremation” means the technical
process, using direct flame and heat, that reduces human remains to bone fragments.
(13) “Crematory” means a structure
containing a retort for the reduction of bodies of deceased persons to cremated
remains.
(14) “Crypt” or “vault” means a space in a
mausoleum of sufficient size used, or intended to be used, to entomb uncremated
human remains.
(15) “Directors” or “governing body” means
the board of directors, board of trustees or other governing body of a cemetery
association.
(16) “Endowment care” means the general
care and maintenance of developed portions of a cemetery and memorials erected
thereon financed from the income of a trust fund.
(17) “Entombment” means the placement of
human remains in a crypt or vault.
(18) “Funeral merchandise” means personal
property offered for sale or sold for use in connection with funeral services. “Funeral
merchandise” includes, but is not limited to, acknowledgment cards, alternative
containers, caskets, clothing, cremation containers, cremation interment
containers, flowers, memory folders, monuments, outer burial containers, prayer
cards, register books and urns.
(19) “Funeral services” means services
customarily provided by a funeral service practitioner including, but not
limited to, care and preparation of human remains for final disposition,
professional services relating to a funeral or an alternative to a funeral,
transportation of human remains, limousine services, use of facilities or
equipment for viewing human remains, visitation, memorial services or services
that are used in connection with a funeral or alternative to a funeral,
coordinating or conducting funeral rites or ceremonies, and other services
provided in connection with a funeral, alternative to a funeral or final
disposition of human remains.
(20) “Grave” means a space of ground in a
burial park used, or intended to be used, for burial of the remains of one
person.
(21) “Human remains” or “remains” means
the body of a deceased person in any stage of decomposition or after cremation.
(22) “Interment” means the disposition of
human remains by inurnment, entombment or burial.
(23) “Inurnment” means the placement of
cremated remains in a receptacle and the deposit of the receptacle in a niche.
(24) “
(25) “Mausoleum” means a structure
substantially exposed above ground for the entombment of human remains in
crypts or vaults in a place used, or intended to be used, and dedicated for
cemetery purposes.
(26) “Memorial” means a product, other
than a mausoleum or columbarium, used for identifying an interment space or for
commemoration of the life, deeds or career of a decedent including, but not
limited to, an ossuary, monument, marker, niche plate, urn garden plaque, crypt
plate, cenotaph, marker bench or vase.
(27) “Niche” means a recess usually in a
columbarium used, or intended to be used, for the inurnment of the cremated
remains of one or more persons.
(28) “Ossuary” means a receptacle used for
the communal placement of cremated remains without benefit of an urn or any
other container in which cremated remains may be commingled with other cremated
remains and are nonrecoverable.
(29) “Plot owner” or “owner” means any
person identified in the records of the cemetery authority as owner of the
burial rights to a burial plot, or who holds a certificate of ownership
conveyed from the cemetery authority of the burial rights in a particular lot,
plot or space.
(30) “Scattering” means the lawful
dispersion of cremated remains that need not be associated with an interment
right or issuance of a deed, that may be recorded only as a service that has
taken place and may not be recorded on the permanent records of the cemetery
authority.
(31) “Scattering garden” means a location
set aside within a cemetery that is used for the spreading or broadcasting of
cremated remains that have been removed from their container and can be mixed
with or placed on top of the soil or ground cover or buried in an underground
receptacle on a commingled basis and that are nonrecoverable.
(32) “Special care” means any care in
excess of endowed care in accordance with the specific directions of a donor of
funds. [Amended by 1955 c.545 §1; 1965 c.396 §1; 2007 c.661 §1]
97.020
Exemption of certain organizations and cemeteries from certain sections of
chapter. (1) The provisions
of ORS 97.030, 97.120, 97.310 to 97.350, 97.360 (1), 97.510 and 97.550 relating
to private cemeteries do not apply to:
(a) Any religious or eleemosynary
corporation, church, religious society or denomination, corporation sole
administering temporalities of any church or religious society or denomination
or any cemetery that such entity organizes, controls or operates.
(b) Any county or city cemetery.
(2) The provisions of ORS 97.810 to 97.865
relating to private cemeteries do not apply to:
(a) Any religious or eleemosynary
corporation, church, religious society or denomination, corporation sole
administering temporalities of any church or religious society or denomination
or any cemetery that such entity organizes, controls or operates, unless the
cemetery authority for an entity described in this paragraph elects to subject
itself to ORS 97.810 to 97.865.
(b) Any county or city cemetery, unless
the county or city elects to subject itself to ORS 97.810 to 97.865. [Amended
by 1955 c.473 §1; 1997 c.167 §1]
97.030
Vested rights not acquired.
No cemetery authority or person having a right of sepulture or any other right
under ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to
97.920 and 97.990 acquires any vested right by virtue thereof which the
Legislative Assembly may not subsequently amend, alter or repeal.
97.040
Private family burial grounds.
Except for ORS 97.730, 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730,
97.810 to 97.920 and 97.990 do not apply to private family burial grounds where
lots are not offered for sale.
97.050 [1977 c.183 §1; 1983 c.526 §4; 1985 c.747 §49;
1987 c.660 §16; 1989 c.1034 §8; renumbered 127.605 in 1989]
97.055 [1977 c.183 §2; 1979 c.211 §1; 1983 c.526 §5;
renumbered 127.610 in 1989]
97.060 [1977 c.183 §3; renumbered 127.615 in 1989]
97.065 [1977 c.183 §4; renumbered 127.620 in 1989]
97.070 [1977 c.183 §5; renumbered 127.625 in 1989]
97.075 [1977 c.183 §6; repealed by 1983 c.526 §7]
97.080 [1977 c.183 §7; renumbered 127.630 in 1989]
AUTOPSIES
97.082
Consent for certain autopsies; form. (1) Except as provided in subsection (2) of this section, whenever a
person dies and no autopsy is ordered by a medical examiner or district
attorney pursuant to ORS 146.117, an autopsy may not be conducted without the
prior written consent of a person within the first applicable class of the
following listed classes:
(a) The spouse of the decedent;
(b) A son or daughter of the decedent 18
years of age or older;
(c) Either parent of the decedent;
(d) A brother or sister of the decedent 18
years of age or older;
(e) A guardian of the decedent at the time
of death;
(f) A person in the next degree of kindred
to the decedent;
(g) The personal representative of the
estate of the decedent; or
(h) The person nominated as the personal
representative of the decedent in the decedent’s last will.
(2)(a) Consent required under subsection
(1) of this section must be granted on a written autopsy consent form developed
pursuant to subsection (3) of this section.
(b) If the person authorized by subsection
(1) of this section to grant written consent to conduct an autopsy is not
available to grant written consent in person, the authorized person may grant
consent by completing the required consent form and returning the signed form,
by facsimile or other electronic transmission, to the party requesting
permission.
(3) The Public Health Officer, in
consultation with the State Medical Examiner, shall develop and make available
a standardized written autopsy consent form that:
(a) Grants the person specified in
subsection (1) of this section the authority to:
(A) Grant permission to conduct an
unlimited autopsy;
(B) Grant permission to conduct a limited
autopsy and to specify what limitations are imposed upon the autopsy; or
(C) Refuse permission to conduct an
autopsy.
(b) Provides a section for the person
specified in subsection (1) of this section to submit specific instructions
with respect to tests to be performed during the autopsy and to the disposition
of organs and tissue removed for purposes of a limited autopsy.
(c) Provides that the consent signature be
accompanied by the signature of a witness. [2003 c.416 §1]
Note: 97.082 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 97 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
97.083 [1983 c.526 §1; renumbered 127.635 in 1989]
97.084 [1983 c.526 §2; renumbered 127.640 in 1989]
97.085 [1977 c.183 §§8,9,10; renumbered 127.645 in
1989]
97.090 [1977 c.183 §11; renumbered 127.650 in 1989]
DISPOSITION
OF HUMAN BODIES
97.110
Human remains not to be attached. No person shall attach, detain or claim to detain any human remains
for any debt or demand or upon any pretended lien or charge.
97.120
Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110
to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990. A cemetery authority shall deposit or
dispose of human remains as provided by ORS 97.010 to 97.040, 97.110 to 97.450,
97.510 to 97.730, 97.810 to 97.920 and 97.990.
97.130
Right to control disposition of remains; delegation. (1) Any individual of sound mind who is 18
years of age or older, by completion of a written signed instrument or by
preparing or prearranging with any funeral service practitioner licensed under
ORS chapter 692, may direct any lawful manner of disposition of the individual’s
remains. Except as provided under subsection (6) of this section, disposition
directions or disposition prearrangements that are prepaid or that are filed
with a funeral service practitioner licensed under ORS chapter 692 shall not be
subject to cancellation or substantial revision.
(2) A person within the first applicable
listed class among the following listed classes that is available at the time
of death or, in the absence of actual notice of a contrary direction by the
decedent as described under subsection (1) of this section or actual notice of
opposition by completion of a written instrument by a member of the same class
or a member of a prior class, may direct any lawful manner of disposition of a
decedent’s remains by completion of a written instrument:
(a) The spouse of the decedent.
(b) A son or daughter of the decedent 18
years of age or older.
(c) Either parent of the decedent.
(d) A brother or sister of the decedent 18
years of age or older.
(e) A guardian of the decedent at the time
of death.
(f) A person in the next degree of kindred
to the decedent.
(g) The personal representative of the
estate of the decedent.
(h) The person nominated as the personal
representative of the decedent in the decedent’s last will.
(i) A public health officer.
(3) The decedent or any person authorized
in subsection (2) of this section to direct the manner of disposition of the
decedent’s remains may delegate such authority to any person 18 years of age or
older. Such delegation shall be made by completion of the written instrument
described in subsection (7) of this section. The person to whom the authority
is delegated shall have the same authority under subsection (2) of this section
as the person delegating the authority.
(4) If a decedent or the decedent’s
designee issues more than one authorization or direction for the disposal of
the decedent’s remains, only the most recent authorization or direction shall
be binding.
(5) A donation of anatomical gifts under
ORS 97.951 to 97.982 shall take priority over directions for the disposition of
a decedent’s remains under this section only if the person making the donation
is of a priority under subsection (1) or (2) of this section the same as or
higher than the priority of the person directing the disposition of the
remains.
(6) If the decedent directs a disposition
under subsection (1) of this section and those financially responsible for the
disposition are without sufficient funds to pay for such disposition or the
estate of the decedent has insufficient funds to pay for the disposition, or if
the direction is unlawful, the direction shall be void and disposition shall be
in accordance with the direction provided by those persons given priority in
subsection (2) of this section and who agree to be financially responsible.
(7) The signature of the individual shall
be required for the completion of the written instrument required in subsection
(3) of this section. The following form or a form substantially similar shall
be used by all individuals:
______________________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CON