Oregon Revised Statutes Chapter 97 § 97.160 — Duty of
Oregon Revised Statutes Chapter 97 ·
Oregon Code § 97.160·Enacted ·Last updated March 01, 2026
Statute Text
Duty of
hospital or sanitarium to notify before sending remains to undertaker;
procedures.
(1) No
hospital or sanitarium, or the employees, agents or representatives thereof,
shall send or cause to be sent to any funeral service practitioner, undertaker,
mortician or embalmer the remains of any decedent without having complied with
this section before final disposition of the remains.
(2) If the
admitting record contains the name of a relative, friend or other person
identified by the decedent in the admitting record, or if the hospital or
sanitarium is aware of the name of any other person chargeable with the funeral
expenses of the decedent, the hospital or the sanitarium must notify the
relative, friend or other person personally or by certified mail, return
receipt requested.
(3) If a hospital
or sanitarium is unable to give actual notice to a relative, friend or other
person under the provisions of subsection (2) of this section, the hospital or
sanitarium must publish a notice of death at least one time in a newspaper of
general circulation in the county where the death occurred, or, if there is no
such newspaper, in a newspaper most likely to give notice of the death to
relatives and friends of the decedent. The notice must contain the name of the
decedent and the address and phone number for the hospital or sanitarium.
(4) If the
remains of the decedent are not claimed within 10 days after the giving of
notice under subsection (2) of this section, or within 10 days after
publication under subsection (3) of this section if publication is made under
subsection (3) of this section, the hospital or sanitarium may arrange for the
disposal of the remains of the decedent without further notice in the manner
specified by ORS 97.170 to 97.200.
(5) Nothing in
this section limits or governs the authority of any administrator or executor,
trustee or other person having a fiduciary relationship with the deceased or to
the state, counties, cities or towns in the disposition of the remains of a
deceased person. [Amended by 1993 c.92 §1]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 97.160
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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