Current through Register Vol. 63, No. 9, September 1, 2024
Every licensee or agent of a licensed facility of the Oregon
Mortuary and Cemetery Board (Board) must abide by the accepted standards of the
Death Care Industry and the minimum standards, including but not limited to the
following standards of practice set forth by the Board. Violations of the
following may be cause for Board action.
(1) Every licensee or agent of a licensed
facility must:
(a) Comply with Oregon Revised
Statutes relating to death care in ORS Chapters 97, 432 and 692; and comply
with the Oregon Public Health Laws;
(b) Implement and follow through with
contractual arrangements with the person with the legal right to control final
disposition;
(c) Assign persons to
perform functions for which they are licensed and which are within their scope
of practice/scope of duties;
(d)
Supervise trainees (apprentices) and unlicensed persons to whom tasks regulated
by this Board are assigned;
(e)
Report conduct violating paragraphs (1)(a) by any death care industry licensee
to the Board or the appropriate law enforcement agency;
(f) Respect the dignity and rights of
clients, regardless of social or economic status, age, race, religion, gender,
gender identity, sexual orientation, national origin, nature of health problems
or disability; and
(g) Respect the
dignity of dead human remains by appropriate handling, including but not
limited to, transporting, refrigerating, embalming, dressing or performing
final disposition.
(2)
Principals are responsible for the actions of employees related to the
operation of a licensed facility;
(3) A licensed embalmer or embalmer trainee
(apprentice) must supervise and be responsible for the required sanitizing of
the preparation room or holding room including, but not limited to, embalming
tables, work surfaces, sinks, floors, instruments, and disposal of contaminated
waste. A preparation room or holding room must be sanitized after the use of
the room.
(4) Unacceptable conduct
by a licensee or agent of a licensed facility includes:
(a) Abusing a corpse, as defined in ORS
166.085 and 166.087;
(b) Abusing a
client. The definition of abuse includes, but is not limited to, causing
physical or emotional discomfort or intimidating, threatening or harassing a
client;
(c) Failing to report
actual or suspected incidents of client or corpse abuse through the proper
channels in the work place and to the Board or appropriate law enforcement
agencies;
(d) Using the death care
industry practitioner/client relationship to exploit the client by gaining
property or items of value from the client for personal gain beyond the
compensation for services;
(e)
Aiding, abetting, or assisting any individual to violate or circumvent any law,
rule or regulation intended to guide the conduct of the death care industry;
(f) Failing to perform death care
services for the living or the deceased without discrimination on the basis of
social or economic status, age, race, religion, gender, gender identity, sexual
orientation, national origin, nature of health problems or disability;
(g) Inaccurate or incomplete
record keeping as required by the Board;
(h) Providing false information on facility
records including, but not limited to, filling in another person's omissions
without consent, signing another person's name or on their behalf without
authority, recording services or merchandise not provided or that a party did
not agree to, or falsifying data;
(i) Altering a facility record including but
not limited to changing the words, letters, or numbers from the original
document except in the case of a contract modified in accord with the terms of
the contract;
(j) Destroying any
document related to a death care service that must be preserved by law; or
(k) Directing another person to
modify, alter or destroy any document related to death care without legal
authority to do so.
(5)
No licensee may:
(a) Practice without an
appropriate Oregon license/certificate or registration;
(b) Allow another person to use one's
license, certificate or registration;
(c) Use another's license, certificate or
registration;
(d) Make false or
misleading statements or use fraud or misrepresentation in communications with
the Board.
(e) Disclose the
contents of the licensure examination or solicit, accept or compile information
regarding the contents of the examination, before, during or after its
administration.
(f) Fail to
provide the Board with requested documents or information within the Board's
jurisdiction;
(g) Fail to
cooperate or answer truthfully or completely inquiries regarding matters within
the Board's jurisdiction; or
(h)
Have an impairment as defined in ORS 676.303.
Stat. Auth.: ORS 692.160, 692.320 & 2015 HB 2471
Stats. Implemented: ORS 692.320 & 2015 HB
2471
