Oregon Code § 692.180·Enacted ·Last updated March 01, 2026
Statute Text
Prohibited acts; disciplinary actions; penalties; rules.
(1) An applicant or person subject
to the authority of the State Mortuary and Cemetery Board commits a prohibited
act if the person engages in:
(a)
Misrepresentation in the conduct of business or in obtaining a license.
(b) Fraudulent or
dishonest conduct, when the conduct bears a demonstrable relationship to
funeral service practice, embalming practice or the operation of cemeteries,
crematoriums or other facilities for final disposition of human remains.
(c) Except as
provided in this paragraph, solicitation of human remains by the licensee or
any agent, assistant or employee of the licensee, either before or after death.
This paragraph does not apply to:
(A) Activities
permissible under ORS 97.923 to 97.949; or
(B) The sale, in
accordance with provisions of the Insurance Code, of prearranged funeral or
cemetery merchandise or services, or any combination thereof, to be funded by
the contemporaneous or subsequent assignment of a life insurance policy or an
annuity contract.
(d) Offensive
treatment of dead human bodies or evidence that a body in the persons custody
has been disposed of in violation of ORS chapter 432 or rules adopted pursuant
thereto.
(e) Aiding or
abetting a person who is not a licensee or a trainee in any act involving the
disposition of dead human bodies before the bodies undergo final disposition or
before the bodies are transported out of the State of Oregon.
(f) Sale or reuse
of any casket or body container that has been previously utilized for the
placement of a deceased human body. This does not include use of a rental cover
as defined in ORS 692.010.
(g) Violation of
any of the provisions of ORS chapter 97 or 432 or this chapter or violation of
any rules adopted by the board.
(h) Violation of
any provision of ORS 97.937 or regulations adopted by the Federal Trade
Commission regulating funeral industry practices.
(i) Conviction of
a crime, when the crime bears a demonstrable relationship to funeral service
practice, embalming practice, death care consultant practice or the operation
of cemeteries, crematoriums or other facilities for final disposition of human
remains. A certified copy of the conviction is conclusive evidence of the
conviction.
(j) Violation of
ORS chapter 97 as it relates to disposition of human bodies and to cemeteries.
(k) Refusing to
surrender promptly the custody of a dead human body, upon the express order of
the person lawfully entitled to the custody of the body.
(L) Acting as the
legal representative of any deceased person for whom the licensee has rendered
services governed by this chapter. This subsection does not prohibit a licensee
from acting as the legal representative of a deceased relative or a deceased licensee
if the deceased licensee was a partner, employee or employer in the licensees
practice.
(m) Failure to
pay any civil penalty imposed by the board within 10 days after the order is
entered or, if appealed, within 10 days after the order is sustained on appeal.
(n) Impairment as
defined in ORS 676.303.
(2) If the board
finds that a person has committed an act described in this section the board
may, in the manner provided in ORS chapter 183 for contested cases, take any of
the following disciplinary actions:
(a) Issue a
reprimand.
(b) Place
limitations on a license to prohibit a licensee from performing certain actions
or from engaging in the scope of practice in a particular manner for a period
of time determined by the board.
(c) Place a
licensee on probation for a period of time determined by the board and subject
to any conditions specified by the board including supervision by the board or
a third party selected by the board.
(d) Suspend a
license for a period of time determined by the board.
(e) Revoke a
license for a period of time determined by the board, including permanent
revocation.
(f) Refuse to
grant or renew a license.
(g) Assess a
civil penalty not to exceed $5,000.
(3)(a) In
addition to the disciplinary action authorized by subsection (2) of this
section, if the board has reasonable cause to believe that any person has
engaged, is engaging or is about to engage in any violation of any provision of
this chapter or any rule or order adopted under this chapter, the board may
issue an order of emergency suspension without a hearing or an order directed
to the person to cease and desist from the violation or threatened violation
and take corrective action.
(b) The board
shall mail a copy of an order issued under this subsection to the person by
first class mail with certificate of mailing.
(c) An order
issued under this subsection must include the following:
(A) A statement
of the facts constituting the violation;
(B) The effective
date of the order; and
(C) A notice to
the person named in the order of the right to request a hearing and that any
hearing request for an emergency suspension action must b