Protecting the Funeral Rights of Oregonians |
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Conducting a home funeral doesn't require a licensed funeral director or a law degree, but families are responsible for following the law. The resources below should make understanding and executing your legal responsibilities relatively straightforward. Following the law is about more than making sure you've done it correctly. It's also about making sure that the right to care for our dead in Oregon is protected for other families.
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Oregon Legal Essentials
- Oregonians can care for their own dead. Under Oregon law, anyone can perform the functions of a funeral director for family and community members as long as they’re not paid to do so. The legal term is “person acting as a funeral service practitioner,” defined in ORS 432.005 as “a person other than a funeral service practitioner licensed under ORS 692.045, including but not limited to a relative, friend, or other interested party, who performs the duties of a funeral service practitioner without payment.” (See How to Have a Home Funeral.)
- Oregonians can determine what happens to their body after they die or can delegate that authority. ORS 97.130 specifies: “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 [97.130 (7)] 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.” Immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body it is critical that you complete an Oregon Disposition Instructions form. (See How to Complete Paperwork.)
- Hiring a funeral director is not required to file a death certificate. The Oregon Vital Events Registration System (OVERS) is where the Oregon Death Certificate is filed electronically, typically by funeral directors. The state agency responsible for OVERS, Oregon Health Authority’s Center for Health Statistics Registration Unit, provides a packet with a paper death certificate form for those wishing to handle the paperwork themselves. Call the Registration Unit Manager (971-673-1160) to request what is referred to as a “Home Burial Packet”. (Go to How to Complete Paperwork for more information and links including Oregon Death Certificate Worksheet, Oregon Health Authority Death Certificate Filing Instructions.)
- Oregonians may arrange a burial or cremation without hiring a funeral director. If the disposition does not occur within ten days of the death, the Mortuary board must be notified. Immediate family are by law the default decision makers regarding physical remains. If you want someone other than your immediate family to direct or control the disposition of your body it is critical that you complete an Oregon Disposition Instructions form. (See How to Arrange Disposition.)
- In Oregon, it is legal for a family member or friend to transport a deceased body. The death certificate, once signed by the medical certifier, serves as the transportation permit. (See How to Transport the Dead.)
- Oregon families may bury on their own property if certain conditions are met. (Go to How to Arrange Disposition.)
- Embalming is not required in Oregon unless a public viewing is desired for a person who has died from a communicable disease (HIV or AIDS, diphtheria, hepatitis B, C, or D, plague, rabies, tularemia, or tuberculosis).
- Burial vaults and caskets are not required by law for burial in Oregon, but individual cemeteries may set their own rules and may require purchase of concrete or metal burial vaults (also called outer burial containers) and a casket, rather than a simple shroud, as a matter of cemetery policy. (See How to Go Out Greener.)
- Oregon law defines fetal death by a weight of 350 grams or up to 20 weeks gestation. Fetal deaths must be reported to the Medical Examiner if no medical authority or hospital was involved to complete a fetal death certificate.
Oregon Funeral Laws & Administrative Rules
Burials and Disinterments Laws (ORS 97 et seq.)
Cemeteries, Funeral Homes, Crematoriums, Alternate Dispositions (OAR 830-040-000 et seq.)
Deaths Requiring Investigation (ORS 146.090)
Family Cemeteries on Private Land (ORS 97.460)
Oregon Mortuary and Cemetery Board Embalmers and Funeral Directors Regulations (OAR 830-030-000 et seq.)
Prearranged Funeral Contracts; Content; Procedures (ORS 97.941)
Donating Your Body for Educational or Research Purposes (ORS 97.951-957)
Office of the Chief Medical Examiner (ORS 146.035)
Deaths Requiring Medical Examiner (ORS 146.090)
Vital Records Administration – Death Registration Forms & Procedures (ORS 432.133)
Responsibility of Funeral Director, Next of Kin or Designated Agent (ORS 432.158)
Procedure and Paperwork Required Before Moving a Body (OAR 333-011-0295)
Transporting or Moving a body (ORS 432.158 & OAR 830-030-0060, 830-030-0080)
Cemeteries, Funeral Homes, Crematoriums, Alternate Dispositions (OAR 830-040-000 et seq.)
Deaths Requiring Investigation (ORS 146.090)
Family Cemeteries on Private Land (ORS 97.460)
Oregon Mortuary and Cemetery Board Embalmers and Funeral Directors Regulations (OAR 830-030-000 et seq.)
Prearranged Funeral Contracts; Content; Procedures (ORS 97.941)
Donating Your Body for Educational or Research Purposes (ORS 97.951-957)
Office of the Chief Medical Examiner (ORS 146.035)
Deaths Requiring Medical Examiner (ORS 146.090)
Vital Records Administration – Death Registration Forms & Procedures (ORS 432.133)
Responsibility of Funeral Director, Next of Kin or Designated Agent (ORS 432.158)
Procedure and Paperwork Required Before Moving a Body (OAR 333-011-0295)
Transporting or Moving a body (ORS 432.158 & OAR 830-030-0060, 830-030-0080)
Offices and Agencies Contact Information
Oregon Medical Examiners Charged with investigating and maintaining a file on every death that happens in Oregon under specific circumstances: during employment, when not expected, and when the person is not under the care of a physician, or enrolled in hospice, during the period immediately prior to death. Each county has its own Medical Examiner, under the technical supervision of the State Medical Examiner.
Oregon Department of Vital Statistics State agency in charge of creating “death certificates” and keeping records of all births and deaths in Oregon. Families wishing to handle death-related paperwork (filing the 24-hour death notice and the death certificate) without hiring a funeral director must contact the Oregon Health Authority’s Center for Health Statistics Registration Unit Manager (971-673-1160) to request what is referred to as a “Home Burial Packet”. This packet includes a paper death certificate with filing instructions. (Note: handling paperwork and transportation does not obligate the family to do a home burial.)
Oregon Mortuary and Cemetery Board State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Oregon Department of Vital Statistics State agency in charge of creating “death certificates” and keeping records of all births and deaths in Oregon. Families wishing to handle death-related paperwork (filing the 24-hour death notice and the death certificate) without hiring a funeral director must contact the Oregon Health Authority’s Center for Health Statistics Registration Unit Manager (971-673-1160) to request what is referred to as a “Home Burial Packet”. This packet includes a paper death certificate with filing instructions. (Note: handling paperwork and transportation does not obligate the family to do a home burial.)
Oregon Mortuary and Cemetery Board State agency that supervises and licenses death care professionals and facilities such as funeral directors, funeral homes (also known as mortuaries), cemeteries, and crematoriums; handles investigations into alleged misconduct by death care professionals and facilities.
Regulations, Policies, and Laws: Professionals vs. Private Citizens
Regulations for Funeral Professionals
Where a professional, licensed funeral director or practitioner is involved, Oregon Mortuary and Cemetery Board regulations must be followed. These require that if a dead human body is to be held longer than 24 hours at a funeral home, or under the supervision of a funeral service practitioner, it must be either embalmed or refrigerated until final disposition [OAR 830-030-0010(1)]. In addition, within 10 days of a funeral establishment taking possession of the remains all dead human bodies must be cremated, interred, or entombed [OAR 830-030-0010(4)]. If the human remains will be held longer than 10 days because of exigent circumstances, the licensee responsible for those remains must notify the office of the Mortuary and Cemetery Board [OAR 830-030-0010(4)].
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Oregon Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our For Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Where a professional, licensed funeral director or practitioner is involved, Oregon Mortuary and Cemetery Board regulations must be followed. These require that if a dead human body is to be held longer than 24 hours at a funeral home, or under the supervision of a funeral service practitioner, it must be either embalmed or refrigerated until final disposition [OAR 830-030-0010(1)]. In addition, within 10 days of a funeral establishment taking possession of the remains all dead human bodies must be cremated, interred, or entombed [OAR 830-030-0010(4)]. If the human remains will be held longer than 10 days because of exigent circumstances, the licensee responsible for those remains must notify the office of the Mortuary and Cemetery Board [OAR 830-030-0010(4)].
What Families Need to Know
When a family is caring for their own dead without a licensed provider, they need only follow the laws of the state regarding after-death tasks that are required, what the time frame is for completion, and how the process works. (See How to Have a Home Funeral, How to Arrange Disposition, How to Complete Paperwork, and Oregon Legal Essentials above.)
Institutional Policies
When institutions such as hospitals, hospice providers, and care facilities are involved, families may encounter policies that limit the rights that families have under state law. Unfortunately for the ease of removing and transporting the body of a loved one, these institutions are businesses that have the right to set and enforce their own policies, despite the next-of-kin's right to custody and control. We recommend making contact early with administrators who have the capacity to assist families choosing to transport themselves. (See How to Work With Professionals.)
For More Information on Legal Requirements & What To Do if Your Rights Are Challenged
To learn more about the finer points of legal timeframes and requirements, go to Quick Guide to Legal Requirements. While you are there, take a look at What to Do When Families' Rights are Challenged. Both are included in the booklet Restoring Families' Rights to Choose: The call for funeral legislation change in America. Concerns about handling the practical aspects — filing documents, caring for the body, making the arrangements, legal requirements — can be addressed by our How To pages. You can print out our For Professionals pages for those you encounter who are unfamiliar with families’ legal rights to care for their dead. Trained Home Funeral Guides are available to answer any questions you may have. For faith communities and other groups who are interested in providing after-death care to fellow congregants, Undertaken With Love: A Home Funeral Guide for Congregations and Families by Holly Stevens and Donna Belk is included in the newly republished After-Death Care Educator Handbook (available on Amazon) is intended as a how-to manual for all, not just faith communities.
Resources and Online Links
FCA = Funeral Consumer Alliance
GBC = Green Burial Council
NEDA = National End-of-Life Doula Alliance
NHFREA = NH Funeral Resources, Education & Advocacy
GBC = Green Burial Council
NEDA = National End-of-Life Doula Alliance
NHFREA = NH Funeral Resources, Education & Advocacy