(2) An individual may not practice as an embalmer unless the individual is licensed as an embalmer under ORS 692.105. Regardless of any title used by the individual, an individual practices as an embalmer if the individual is engaged or purports to be engaged in either of the following:

(a) The practice of disinfecting or preserving from decay dead human bodies.

(b) Preparing human bodies dead of contagious or infectious disease for transportation by railroad, express company or common carrier.

(3) An individual may not practice as a death care consultant unless the individual is licensed as a death care consultant under ORS 692.143. Regardless of any title used by the individual, an individual practices as a death care consultant if the individual offers, for payment, consultations directly relating to the performance of funeral or final disposition services.

(4) A person may not operate a funeral establishment unless the establishment meets the requirements under this subsection. A place is a funeral establishment if the place is customarily used for the care, preparation or viewing of dead human bodies before the bodies undergo final disposition, or before the bodies are transported out of the State of Oregon. A funeral establishment must:

(a) Be licensed by the State Mortuary and Cemetery Board under ORS 692.146;

(b) Be operated by a funeral service practitioner;

(c) Have on the premises embalming facilities or holding room facilities meeting requirements established by the board; and

(d) Have access to hospital or mortuary refrigeration.

(5) A person may not operate an immediate disposition company unless the immediate disposition company meets the requirements under this subsection. An immediate disposition company must:

(a) Be licensed at a fixed location under ORS 692.146; and

(b) Be operated by a licensed funeral service practitioner.

(6) A person or city, county or other municipal corporation may not conduct the business of an operating cemetery without first receiving a certificate of authority to conduct the business of an operating cemetery under ORS 692.275.

(7) A person may not operate a crematorium unless the crematorium meets the requirements of ORS 692.275.

(8) An applicant for a license or certificate described in this section and a principal of a licensed establishment described in this section must consent to a background check, including information solicited from the Department of State Police. [1983 c.810 §4; 1985 c.207 §9; 1989 c.177 §2; 1991 c.542 §2; 1997 c.638 §3; 2009 c.709 §2]