Oregon Statutes - Chapter 97 - Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

• 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...
• 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...
• 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,...
• 97.040   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...
• 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• 97.075   [1977 c.183 §6; repealed by 1983 c.526 §7]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]
• 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...
• 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]
• 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...
• 97.130   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...
• 97.132   [1961 c.674 §1; repealed by 1969 c.175 §12]
• 97.134   [1961 c.674 §§2,3; repealed by 1969 c.175 §12]
• 97.140   [Repealed by 1957 c.423 §1 (97.141 and 97.145 enacted in lieu of 97.140)]
• 97.141   [1957 c.423 §2 (97.141 and 97.145 enacted in lieu of 97.140); repealed by 1997 c.472 §13]
• 97.145   Liability for failure to conform to written instrument directing control of remains.
  No cemetery authority, crematory operator or licensed funeral service practitioner interring or cremating remains pursuant to a written instrument signed by the decedent or a...
• 97.150   Disposition of cremated remains; procedures; notice; actions against cemetery or funeral service providers.
  (1) If the cemetery authority, crematory operator or licensed funeral service practitioner has been authorized to cremate remains of a decedent pursuant to ORS 97.130,...
• 97.153   Diagnostic or therapeutic radioisotopes in body.
  Notwithstanding section 14, chapter 653, Oregon Laws 1991, or ORS 469.525, diagnostic or therapeutic radioisotopes remaining inside the uncremated body of a deceased person may...
• 97.160   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,...
• 97.170   Disposition of body of indigent or child in custody of Department of Human Services.
  (1) Except as set forth in subsection (4) of this section, any licensed funeral service practitioner having charge of the body of a deceased person...
• 97.180   Period within which body may not be used.
  Upon receipt of any body by a school or college pursuant to ORS 97.170, it shall be properly embalmed for anatomical purposes, but shall be...
• 97.190   Post-mortem examination of body.
  Unless required by a medical examiner to determine the cause of death or specifically authorized and ordered by the superintendent of the hospital or institution...
• 97.200   Disposition of remains after educational use thereof.
  The remains of any corpse used for the purposes authorized by ORS 97.170 shall, upon completion of such use, be decently buried or cremated and...
• 97.210   Exceptions to application of ORS 97.170 to 97.200; rules.
  The body of any person who died of smallpox, diphtheria, scarlet fever or other disease that the Department of Human Services, by rule, may prescribe,...
• 97.220   Disinterment.
  (1) The remains of a deceased person interred in a plot in a cemetery may be removed from the plot with the consent of the...
• 97.230   [Repealed by 1973 c.286 §1]
• 97.250   [1969 c.175 §1; repealed by 1995 c.717 §9]
• 97.255   [1969 c.175 §3; repealed by 1995 c.717 §9]
• 97.260   [1969 c.175 §2; repealed by 1995 c.717 §9]
• 97.265   [1969 c.175 §4; 1973 c.823 §§98,157; 1993 c.218 §1; repealed by 1995 c.717 §9]
• 97.268   [1985 c.379 §1; repealed by 1995 c.717 §9]
• 97.270   [1969 c.175 §5; repealed by 1995 c.717 §9]
• 97.275   [1969 c.175 §6; 1969 c.591 §278a; 1975 c.215 §1; repealed by 1995 c.717 §9]
• 97.280   [1969 c.175 §7; repealed by 1995 c.717 §9]
• 97.285   [1969 c.175 §8; repealed by 1995 c.717 §9]
• 97.290   [1969 c.175 §9; repealed by 1995 c.717 §9]
• 97.295   [Formerly 116.115; 1995 c.717 §11; renumbered 97.966 in 1995]
• 97.300   [1969 c.271 §1; 1995 c.717 §12; renumbered 97.968 in 1995]
• 97.310   Survey and subdivision of land; map or plat of mausoleum or columbarium; access easement.
  (1) Every cemetery authority, from time to time as its property may require for cemetery purposes, shall: (a) In case of land, survey and subdivide...
• 97.320   Filing map or plat and declaration of dedication of land to cemetery purposes.
  In case of a cemetery lot, the cemetery authority shall file the map or plat in the office of the recording officer of the county...
• 97.330   When dedication is complete.
  Upon the filing of the map or plat and of the declaration for record, the dedication is complete for all purposes, and thereafter the property...
• 97.340   Effect of dedication.
  After property is dedicated to cemetery purposes pursuant to ORS 97.310 to 97.330 and 97.360 (1), neither the dedication nor the title of a plot...
• 97.350   Dedication to cemetery purposes not invalid.
  Dedication to cemetery purposes pursuant to ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990 is not invalid as...
• 97.360   Resurvey and alteration in shape or size; vacation of streets, walks, driveways and parks and replatting into lots.
  (1) Any part or subdivision of the property so mapped and platted may, by order of the directors and consent of the lot owners, be...
• 97.370   Fixing date of hearing; notice.
  When any application mentioned in ORS 97.360 (2) is filed, the court or board shall fix the time for the hearing of it and notice...
• 97.380   Hearing; order allowing replatting.
  At the hearing mentioned in ORS 97.370 the court or board shall consider and hear any evidence introduced in favor of the proposed change and...
• 97.390   Assessment of benefits and damages.
  If any damages are claimed by the owner of any lot in any such cemetery as is mentioned in ORS 97.360 (2), which lot is...
• 97.400   Disposal of newly created lots; disposition and use of proceeds from sale; failure of owner to perform duties.
  Any owner or association accepting the trust of handling and disposing of lots newly created pursuant to ORS 97.380 shall by the acceptance thereof agree...
• 97.410   Right of adjacent lot owner upon vacation of way.
  The vacation of an avenue, street, alley, driveway, walk or park adjacent to a cemetery lot shall vest in the owner of such lot no...
• 97.420   Effect of failure to object.
  Any owner of such cemetery as is mentioned in ORS 97.360 (2), or of any lot therein, or any relative or heir of any deceased...
• 97.430   Declaration of exercise of police power and right of eminent domain.
  The enactment of ORS 97.360 (2) and 97.370 to 97.430 is hereby declared to be a necessary exercise of the police powers of the state...
• 97.440   Removal of dedication.
  (1) Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes until the dedication is removed from all or any part...
• 97.445   Vacating county interest in cemetery real property.
  Consistent with the provisions of ORS 368.326 to 368.366, a county may vacate any real property interests the county may own in a cemetery. Consistent...
• 97.450   Discontinuance of cemetery and removal of remains and markers.
  (1)(a) Whenever any cemetery that is within the limits of any county, city or town has been abandoned, or it is desirable to abandon such...
• 97.460   Approval required prior to establishment of cemetery or burial park.
  No association, corporation, cemetery authority, or person shall after February 24, 1903, lay out, open up or use any property for cemetery or burial park...
• 97.510   Sale and conveyance of plots by cemetery authority.
  (1) After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules...
• 97.520   Sale or offer to sell cemetery plot upon promise of resale at financial profit.
  A person, firm or corporation may not sell or offer to sell a cemetery plot upon the promise, representation or inducement of resale at a...
• 97.530   Commission, bonus or rebate for sale of plot or services.
  No cemetery authority shall pay or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, a commission, bonus, rebate or...
• 97.540   Commission, bonus or rebate for recommendation of cemetery.
  No person shall pay, cause to be paid or offer to pay, and no person, firm or corporation shall receive, directly or indirectly, except as...
• 97.550   Plots are indivisible.
  All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent...
• 97.560   Presumption of sole ownership in grantee of plot.
  All plots conveyed to individuals are presumed to be solely and separately owned by the person named in the instrument of conveyance.
• 97.570   Spouse has vested right of interment.
  (1) The spouse of an owner of any plot containing more than one interment space has a vested right of interment of the remains of...
• 97.580   Divestiture of spouse’s right of interment.
  No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of the...
• 97.590   Transfer of plot or right of interment.
  No transfer of any plot, heretofore or hereafter made, or any right of interment is complete or effective until recorded on the books of the...
• 97.600   Descent of plot.
  Upon the death of the owner, unless the owner has disposed of the plot either by specific direction in the will of the owner or...
• 97.610   Determining occupant of burial plot having coowners.
  When there are two or more owners of a burial plot or of rights of interment therein, such owners may designate one or more persons...
• 97.620   Death of coowner; authorization to use plot under directions of surviving owners.
  An affidavit by any person having knowledge of the fact, setting forth the fact of the death of one owner and establishing the identity of...
• 97.630   Family plots; order of occupation.
  (1) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or...
• 97.640   Waiver or termination of vested right of interment.
  A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom it is
• 97.650   Limitations upon vested right of interment.
  No vested right of interment gives to any person the right to have the remains of the person interred in any interment space in which...
• 97.710   Power of cemetery to make rules and regulations.
  (1) The cemetery authority may make and enforce rules and regulations for: (a) The use, care, control, management, restriction and protection of its cemetery; (b)...
• 97.720   Record of interments and cremations; inspection.
  (1) The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated...
• 97.730   Gifts and bequests in trust for cemeteries.
  Gifts, grants and bequests of personal property in trust for the purpose of providing perpetual care and maintenance, improvement or embellishment of private burial lots...
• 97.740   Definitions for ORS 97.740 to 97.760.
  For the purposes of ORS 97.740 to 97.760: (1) “Burial” has the meaning given that term in ORS 358.905. (2) “Funerary object” has the meaning...
• 97.745   Prohibited acts; application; notice.
  (1) Except as provided in ORS 97.750, no person shall willfully remove, mutilate, deface, injure or destroy any cairn, burial, human remains, funerary object, sacred...
• 97.750   Permitted acts; notice.
  (1) Any proposed excavation by a professional archaeologist of a native Indian cairn or burial shall be initiated only after prior written notification to the...
• 97.760   Civil action by Indian tribe or member; time for commencing action; venue; damages; attorney fees.
  (1) Apart from any criminal prosecution, an Indian tribe or enrolled member thereof shall have a civil action to secure an injunction, damages or other...
• 97.770   [1995 c.457 §7; repealed by 1999 c.731 §14]
• 97.771   [1995 c.457 §1; 1997 c.632 §1; repealed by 1999 c.731 §14]
• 97.772   Definition of “historic cemetery.”
  For purposes of ORS 97.772 to 97.784, “historic cemetery” means any burial place that contains the remains of one or more persons who died before...
• 97.773   [1995 c.457 §3; repealed by 1999 c.731 §14]
• 97.774   Oregon Commission on Historic Cemeteries; terms.
  (1) There is established within the State Parks and Recreation Department the Oregon Commission on Historic Cemeteries consisting of seven members appointed by the State...
• 97.775   [1995 c.457 §4; repealed by 1999 c.731 §14]
• 97.776   Commission members; nominations.
  The members of the Oregon Commission on Historic Cemeteries must be citizens of this state who are well informed on the restoration and maintenance of...
• 97.777   [1995 c.457 §5; repealed by 1999 c.731 §14]
• 97.778   Chairperson; quorum; meetings.
  (1) The Oregon Commission on Historic Cemeteries shall select one of its members as chairperson and another as vice chairperson for such terms and with...
• 97.779   [1995 c.457 §6; repealed by 1999 c.731 §14]
• 97.780   Duties.
  The Oregon Commission on Historic Cemeteries shall: (1) Maintain a listing of all historic cemeteries in this state. (2) Assist in coordination of restoration, renovation...
• 97.782   Listing of historic cemeteries; form.
  A historic cemetery that is not an operating cemetery, as defined in ORS 692.010, shall be listed with the Oregon Commission on Historic Cemeteries. An...
• 97.784   Executive secretary; support services.
  The State Parks and Recreation Department shall provide support services to the Oregon Commission on Historic Cemeteries. One staff person of the department shall be...
• 97.810   Endowment care and nonendowed care cemeteries.
  (1) As used in this section, “endowment care cemetery” means a cemetery that maintains an endowment care fund placed in an irrevocable trust fund. (2)...
• 97.820   Placing cemetery under endowed care; deposit; commingling endowment and special care funds; trustee or custodian of fund.
  (1) Every cemetery authority that operates a cemetery may place its cemetery under endowed care and establish, maintain and operate an endowment care fund. All...
• 97.825   Suits to enforce endowed care statutes; attorney fees.
  (1) If the cemetery authority fails to remit to the trustee or trustees, in accordance with the law, the funds herein provided for endowment and...
• 97.830   Investment and reinvestment of principal of endowed care funds; use and application of income.
  (1) The principal of all funds for endowed care shall be invested, from time to time reinvested and kept invested. If a trust agreement imposes...
• 97.835   Limitation of duties and liability of trustee.
  The trustee shall have no duty whatsoever to operate, maintain or to supervise the general maintenance of any endowment fund cemetery, and the trustee shall...
• 97.840   Cemetery authority authorized to receive and hold gifts of property; disposition of gifts.
  A cemetery authority which has established an endowment care fund may take, receive and hold any property, real, personal or mixed, bequeathed, devised, granted, given...
• 97.850   Endowment and special care funds are charitable.
  The endowment and special care funds and all payments or contributions to them are expressly permitted as and for charitable and eleemosynary purposes. Endowment care...
• 97.860   Agreements for care.
  (1) Upon payment of the purchase price, including the amount fixed as a proportionate contribution for endowed care, there may be included in the deed...
• 97.865   Application of ORS 97.810 to 97.865 to religious, county and city cemeteries.
  (1) A cemetery authority that operates a cemetery for any religious or eleemosynary corporation, church, religious society or denomination, corporation sole administering temporalities of any...
• 97.870   Unused and uncared for portions of cemetery declared common nuisances.
  (1) In all cases where a cemetery authority has owned a site for a cemetery for more than 40 years and has during that period...
• 97.880   Resolution declaring a nuisance.
  The governing board of a cemetery authority described in ORS 97.870 may adopt a resolution declaring such unused and unimproved portion of its cemetery as...
• 97.890   Complaint.
  (1) Upon the adoption of the resolution described in ORS 97.880 the officers of the cemetery authority may file a complaint in the circuit court...
• 97.900   Summons.
  (1) Summons shall be served upon all owners or holders who are residents of this state in like manner as in service of summons in...
• 97.910   Disuse as prima facie evidence of abandonment.
  In all cases arising under ORS 97.870 to 97.900, the fact that the owner, holder or interested party, of the unused and unimproved portion of...
• 97.920   Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien.
  Upon the failure of the owner of the premises to comply with the order of the court requiring proper care of the premises or upon...
• 97.923   Definitions for ORS 97.923 to 97.949.
  As used in ORS 97.923 to 97.949 and 97.994 unless the context requires otherwise: (1) “Beneficiary” means the person, if known, who is to receive...
• 97.925   Purpose.
  It is the purpose of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 to assure funds for performance to those purchasers who contract through prearrangement...
• 97.926   Rulemaking authority.
  The Director of the Department of Consumer and Business Services may adopt rules that are necessary or appropriate to: (1) Protect purchasers of prearrangement sales...
• 97.927   Applicability of ORS 97.923 to 97.949.
  (1) Except as provided in this section, ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 apply to all certified providers, master trustees and salespersons who...
• 97.929   Exceptions to ORS 97.923 to 97.949.
  (1) The provisions of ORS 97.923 to 97.949, 97.992, 97.994 and 692.180 do not apply to: (a) Agreements to sell or sales of graves, crypts...
• 97.930   [1977 c.715 §§2,3; renumbered 97.975 in 2001]
• 97.931   Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales; rules; background check; civil penalties.
  (1) A salesperson may not engage in prearrangement sales made by endowment care cemeteries under ORS 97.929 or in preconstruction sales or prearrangement sales unless...
• 97.933   Certification of provider of prearrangement or preconstruction sales; annual reports; audits; fees.
  (1) A provider may not engage in prearrangement sales or preconstruction sales unless the provider is certified by the Director of the Department of Consumer...
• 97.935   Registration of master trustees; annual reports; annual audits; fees.
  (1) A person may not operate as a master trustee unless the person is registered with the Director of the Department of Consumer and Business...
• 97.936   Emergency orders of suspension or restriction.
  (1) In addition to other actions authorized under ORS 97.948 (2), the Director of the Department of Consumer and Business Services may: (a) Issue an...
• 97.937   Deposit of trust funds made by endowment care cemeteries.
  (1) This section applies to trust deposits required to be made by endowment care cemeteries under ORS 97.929. (2) As used in this section, “common...
• 97.939   Prearrangement or preconstruction sales contracts; contents; delivery.
  (1) Three copies of a written sales contract shall be executed for each prearrangement sales contract or preconstruction sales contract sold by a certified provider....
• 97.941   Prearrangement or preconstruction trust fund deposits.
  (1) Upon receiving anything of value under a prearrangement sales contract or preconstruction sales contract, the certified provider who sold the contract shall deposit the...
• 97.942   Appointment of receiver; criteria.
  (1) The Attorney General, on behalf of the Director of the Department of Consumer and Business Services, may petition the circuit courts of this state...
• 97.943   Distributions from prearrangement trust fund deposits.
  (1) A depository may not make any distributions from prearrangement sales contract trust deposits except as provided in this section. (2) The principal of a...
• 97.944   Distributions from preconstruction trust fund deposits.
  (1) A depository may not make any distributions from preconstruction sales contract trust deposits except as provided in this section. (2)(a) The construction or development...
• 97.945   Funeral and Cemetery Consumer Protection Trust Fund; fee; rules.
  (1) Every prearrangement sales contract or preconstruction sales contract seller shall pay to the Director of the Department of Consumer and Business Services a $5...
• 97.946   Advertising and marketing prohibitions.
  (1) A person may not engage in unsolicited door to door or telephone advertising and marketing of prearrangement sales contracts or preconstruction sales contracts. The...
• 97.947   Examination of providers and master trustees by director; subpoena power; depositions.
  (1)(a) The Director of the Department of Consumer and Business Services may examine the conditions and resources, including sales contracts, of a certified provider, master...
• 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.
  (1) The Director of the Department of Consumer and Business Services may discipline a certified provider, master trustee or person acting as a certified provider...
• 97.949   Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949.
  (1) If the Director of the Department of Consumer and Business Services has reason to believe that a person has violated any provision of ORS...
• 97.950   [1995 c.717 §1; 1997 c.472 §4; 1999 c.201 §1; 2005 c.505 §1; repealed by 2007 c.681 §31]
• 97.951   Short title.
  ORS 97.951 to 97.982 may be cited as the Revised Uniform Anatomical Gift Act. [2007 c.681 §1] Note: 97.951 to 97.982 were enacted into law...
• 97.952   [1995 c.717 §2; 1997 c.472 §5; 2005 c.505 §2; repealed by 2007 c.681 §31]
• 97.953   Definitions.
  As used in ORS 97.951 to 97.982: (1) “Adult” means an individual who is 18 years of age or older. (2) “Agent” means an: (a)...
• 97.954   [1995 c.717 §3; 1997 c.472 §6; 1999 c.201 §2; 2005 c.505 §3; repealed by 2007 c.681 §31]
• 97.955   Purpose of anatomical gift; persons authorized to make gift.
  (1) Subject to ORS 97.963, a donor may make an anatomical gift of a donor’s body or body part during the life of the donor...
• 97.956   [1995 c.717 §4; 1997 c.472 §7; 1999 c.201 §3; repealed by 2007 c.681 §31]
• 97.957   Methods of making anatomical gift before death of donor.
  (1) A donor may make an anatomical gift: (a) By a designation on the donor’s driver license or identification card; (b) In a will; (c)...
• 97.958   [1995 c.717 §5; 1997 c.472 §8; 1999 c.201 §4; 2005 c.505 §4; repealed by 2007 c.681 §31]
• 97.959   Revocation or amendment of anatomical gift before death of donor.
  (1) Except as provided in ORS 97.963, a donor or other person authorized to make an anatomical gift under ORS 97.955 may amend or revoke...
• 97.960   [1995 c.717 §6; 1997 c.472 §9; repealed by 2007 c.681 §31]
• 97.961   Refusal to make anatomical gift; effect of refusal.
  (1) An individual may refuse to make an anatomical gift of the individual’s body or body part by: (a) A record signed by: (A) The...
• 97.962   [1995 c.717 §7; repealed by 2007 c.681 §31]
• 97.963   Effect of making, amending or revoking anatomical gift.
  (1) Except as otherwise provided in subsection (7) of this section and subject to subsection (6) of this section, in the absence of an express,...
• 97.964   [1995 c.717 §8; 2005 c.505 §5; repealed by 2007 c.681 §31]
• 97.965   Persons authorized to make anatomical gift of body or body part of decedent.
  (1) Subject to subsections (2) and (3) of this section and unless prohibited by ORS 97.961 or 97.963, an anatomical gift of a decedent’s body...
• 97.966   [Formerly 97.295; 2007 c.681 §30; renumbered 97.984 in 2007]
• 97.967   Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person.
  (1) A person authorized to make an anatomical gift under ORS 97.965 may make an anatomical gift by a document of gift signed by the...
• 97.968   [Formerly 97.300; renumbered 97.985 in 2007]
• 97.969   Authorized recipients of anatomical gifts; purposes for which gift may be used.
  (1) An anatomical gift may be made to the following persons named in the document of gift: (a) A hospital, accredited medical school, dental school,...
• 97.970   Search for document of anatomical gift or refusal; duty to send document or refusal to hospital.
  (1) The following persons shall make a reasonable search of an individual who the persons reasonably believe is dead or near death for a document...
• 97.971   Delivery of document of gift or refusal not required; right to examine.
  (1) A document of gift need not be delivered during the donor’s lifetime to be effective. (2) Upon or after an individual’s death, a person...
• 97.972   Rights and duties of procurement organizations and others; authorized examinations.
  (1) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records...
• 97.973   Coordination of procurement and use of anatomical gifts.
  Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. [2007 c.681...
• 97.974   Immunity of persons acting in accordance with ORS 97.951 to 97.982.
  (1) A person who acts in accordance with ORS 97.951 to 97.982 or with the applicable anatomical gift law of another state, or attempts in...
• 97.975   [Formerly 97.930; renumbered 97.987 in 2007]
• 97.976   Law governing validity of document of gift; presumption of validity.
  (1) A document of gift is valid if executed in accordance with: (a) ORS 97.951 to 97.982; (b) The laws of the state or country...
• 97.977   Donor registry; duty of Department of Transportation to cooperate with donor registry.
  (1)(a) The Department of Human Services may allow an organ procurement organization to establish a donor registry. (b) Only one donor registry may be established...
• 97.978   Resolution of conflict between potential anatomical gift and advance directive.
  (1) As used in this section: (a) “Advance directive” has the meaning given that term in ORS 127.505. (b) “Declaration” means a record signed by...
• 97.979   Cooperation between medical examiner and procurement organization.
  (1) A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or...
• 97.980   Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.
  (1) Upon request of a procurement organization, a medical examiner shall release to the procurement organization the name, contact information and available medical and social...
• 97.981   Purchase or sale of body parts prohibited.
  (1) Except as otherwise provided in subsection (3) of this section, a person commits the crime of purchase or sale of a body part for...
• 97.982   Alteration of document of anatomical gift prohibited.
  (1) A person commits the crime of alteration of a document of gift if the person, in order to obtain a financial gain, intentionally falsifies,...
• 97.983   Relation to Electronic Signatures in Global and National Commerce Act.
  The provisions of ORS 97.951 to 97.982 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.,...
• 97.984   Liability of executor who carries out anatomical gift.
  A person named executor who carries out an anatomical gift of the testator made under the provisions of ORS 97.957 before issuance of letters testamentary...
• 97.985   Transplants not covered by implied warranty.
  (1) The procuring, processing, furnishing, distributing, administering or using of any part of a human body for the purpose of injecting, transfusing or transplanting that...
• 97.987   Department of Transportation use of federal moneys for cemetery care.
  (1) In addition to any other duties of the Department of Transportation, the department may apply for, accept and expend, use or dispose of moneys...
• 97.990   Penalties.
  (1) Violation of ORS 97.160 is a misdemeanor and upon conviction is punishable by a fine not exceeding $100. (2) Every officer, agent or employee...
• 97.992   Penalties for ORS 97.937.
  Violation of any of the provisions of ORS 97.937 is punishable, upon conviction, by a fine not exceeding $1,000, or imprisonment in the county jail...
• 97.994   Penalties for ORS 97.931, 97.933 and 97.941.
  Violation of any of the provisions of ORS 97.931, 97.933, 97.941 or 97.943 is punishable as a Class A misdemeanor. [Formerly 128.991; 2003 c.362 §9]...

Last modified: August 7, 2008