Chapter 146 — Chapter 146
109 sections in this chapter.
ORS 146.001 [Formerly 146.087; repealed by 1987 c.517 §1 (432.300 enacted in lieu of 146.001)]
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INVESTIGATION OF DEATHS (Definitions)
ORS 146.003 Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992. As used in ORS 146.003 to 146.189 and 146.710 to 146.992, unless the context requires otherwise
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(1) “Approved laboratory” means a laboratory approved by the Chief Medical Examiner as competent to perform the blood sample analysis required by ORS 146.113 (2). (2) “Assistant district medical examiner” means a physician licensed under ORS chapter 677, physician associate licen…
ORS 146.005 [1959 c.629 §8; 1965 c.221 §14; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.010 [Amended by 1959 c.629 §16; renumbered 10.810]
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(Administrative Provisions)
ORS 146.015 (1) There is hereby established the State Medical Examiner Advisory Board
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(2) The board shall make policies for the administration of ORS 146.003 to 146.189 and the Department of State Police shall adopt rules to effectuate the policies. (3) The board shall recommend the name or names of pathologists to the Superintendent of State Police from which the…
ORS 146.020 [Renumbered 10.820]
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[Repealed or reserved.]
ORS 146.025 Functions of board. In addition to the duties set forth in ORS 146.015 the State Medical Examiner Advisory Board shall
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(1) Recommend to the Oregon Department of Administrative Services the qualifications and compensation for the positions of Chief Medical Examiner and Deputy State Medical Examiner. (2) Recommend to the county courts the compensation of the district medical examiners and assistant…
ORS 146.030 [1959 c.629 §10; 1965 c.221 §15; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.035 Chief Medical Examiner; personnel; records; right to examine records. (1) There is established within the Department of State Police the Office of the Chief Medical Examiner for the purpose of directing and supporting the state death investigation program
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(2) The Chief Medical Examiner shall manage all aspects of the Office of the Chief Medical Examiner’s program. (3) Subject to the State Personnel Relations Law, the Chief Medical Examiner may employ or discharge other personnel of the Office of the Chief Medical Examiner. (4) The…
ORS 146.040 [1959 c.629 §1; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.045 Duties of Chief Medical Examiner; persons missing at sea, in wilderness or in forested environment. (1) After consultation with the State Medical Examiner Advisory Board, the Chief Medical Examiner shall appoint each Deputy State Medical Examiner
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(2) The Chief Medical Examiner shall: (a) Appoint and discharge each district medical examiner as provided by ORS 146.065 (2). (b) Designate those pathologists authorized to perform autopsies under ORS 146.117 (2). (c) Approve those laboratories authorized to perform the analyses…
ORS 146.050 [1959 c.629 §2; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.055 Advice; autopsies; training programs; report. (1) The Chief Medical Examiner shall assist and advise district medical examiners in the performance of their duties
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(2) The Chief Medical Examiner shall perform autopsies, if in the judgment of the Chief Medical Examiner such autopsy is necessary in any death requiring investigation, when requested by a medical examiner or district attorney. (3) The Chief Medical Examiner shall regularly condu…
ORS 146.060 [1959 c.629 §3; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.065 Local medical examiners; appointment; Deputy State Medical Examiner. (1) In each county there shall be a medical examiner for the purpose of investigating and certifying the cause and manner of deaths requiring investigation
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(2) Each district medical examiner shall be appointed by the Chief Medical Examiner with approval of the appropriate board or boards of commissioners and may be discharged by the Chief Medical Examiner without such approval. (3) If the position of district medical examiner is vac…
ORS 146.070 [1959 c.629 §4; 1969 c.314 §8; repealed by 1973 c.408 §35]
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[Repealed or reserved.]
ORS 146.075 District office duties; personnel; expenses for certain duties; records and reports. (1) The district medical examiner shall serve as the administrator of the district medical examiner’s office. Subject to applicable provisions of a county personnel policy or civil service law, the district medical examiner may employ such other personnel as the district medical examiner deems necessary to operate the office
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(2) All expenses of equipping, maintaining and operating the district medical examiner’s office, including the compensation of the district medical examiner and assistant district medical examiners, shall be paid by the county or counties of the district from funds budgeted for s…
ORS 146.080 Assistant district medical examiner. (1) Each district medical examiner may appoint one or more assistant district medical examiners
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(2) The qualifications of an assistant district medical examiner shall be prescribed by the State Medical Examiner Advisory Board. (3) When delegated by the district medical examiner, an assistant district medical examiner shall: (a) Assist the district medical examiner in invest…
ORS 146.085 Medical-legal death investigators. (1) The district medical examiner shall appoint, subject to the approval of the district attorney and applicable civil service regulations, qualified medical-legal death investigators, including the sheriff or a deputy sheriff and a member of the Oregon State Police for each county. Other peace officers may also be appointed as medical-legal death investigators
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(2) The district medical examiner and the district attorney shall establish qualifications for medical-legal death investigators. (3) Each medical-legal death investigator shall be individually appointed and the name of the medical-legal death investigator shall be on file in the…
ORS 146.087 [1975 c.565 §1; renumbered 146.001]
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[Repealed or reserved.]
ORS 146.088 Officer or employee of public body. A district medical examiner, medical-legal death investigator, assistant district medical examiner or designated pathologist is deemed to be an officer or employee of a public body for purposes of ORS 30.260 to 30.300 while acting as a district medical examiner, medical-legal death investigator, assistant district medical examiner or designated pathologist. [1995 c.744 §13; 2017 c.151 §12]
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[Repealed or reserved.]
ORS 146.090 Deaths requiring investigation. (1) The medical examiner shall investigate and certify the cause and manner of all human deaths
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(a) Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances; (b) Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or toxic agents; (c) Occurring while incarcerated in any jail, correction facility or in police…
ORS 146.095 Investigation; certification; report; training. (1) The district medical examiner and the district attorney for the county where death occurs, as provided by ORS 146.100 (2), shall be responsible for the investigation of all deaths requiring investigation
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(2) The medical examiner shall certify the manner and the cause of all deaths which the medical examiner is required to investigate. The report of death shall be submitted to the State Registrar of the Center of Health Statistics as required by ORS 432.133. (3) The medical examin…
ORS 146.100 Where death considered to have occurred; notification of death required. (1) Death investigations shall be under the direction of the district medical examiner and the district attorney for the county where the death occurs
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(2) For purposes of ORS 146.003 to 146.189, if the county where death occurs is unknown, the death shall be deemed to have occurred in the county where the body is found, except that if in an emergency the body is moved by conveyance to another county and is dead on arrival, the …
ORS 146.102 Guidance concerning overdose death communication; notification. (1) As used in this section
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(a) “Cause of death” has the meaning given that term in ORS 146.003. (b) “Local mental health authority” has the meaning given that term in ORS 430.630. (c) “Manner of death” has the meaning given that term in ORS 146.003. (d) “Opioid” means a natural, synthetic or semisynthetic …
ORS 146.103 Removal of body, effects or weapons prohibited without consent. (1) In a death requiring an investigation, no person shall move a human body or body suspected of being human, or remove any of the effects of the deceased or instruments or weapons related to the death without the permission of a medical examiner, medical-legal death investigator or the district attorney
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(2) No person shall move or remove any of the items specified in subsection (1) of this section if the medical examiner or district attorney objects. (3) A medical examiner, district attorney or medical-legal death investigator shall take custody of or exercise control over the b…
ORS 146.105 [1959 c.629 §7; repealed by 1965 c.221 §7]
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[Repealed or reserved.]
ORS 146.107 Authority to enter and secure certain premises; court order. (1) A medical examiner, medical-legal death investigator or district attorney may enter any room, dwelling, building or other place in which the medical examiner, medical-legal death investigator or district attorney has reasonable cause to believe that a body or evidence of the circumstances of death requiring investigation may be found
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(2) If refused entry, the medical examiner, medical-legal death investigator or district attorney may apply to any judge authorized to issue search warrants for an order to enter such premises, search for and seize a body or any evidence of the cause or manner of death. (3) Upon …
ORS 146.109 Notification of next of kin. (1) Upon identifying the body, the medical examiner shall immediately attempt to locate the next of kin or responsible friends to obtain the designation of a funeral home to which the deceased is to be taken
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(2) If unable to promptly obtain a designation of funeral home from the next of kin or responsible friends, the medical examiner or medical-legal death investigator shall designate the funeral home. In designating the funeral home, the medical examiner or medical-legal death inve…
ORS 146.110 [Amended by 1959 c.629 §34; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.113 Authority to order removal of body fluids. (1) A medical examiner or district attorney may, in any death requiring investigation, order samples of blood or urine taken for laboratory analysis
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(2) When a death requiring an investigation as a result of a motor vehicle accident occurs within five hours after the accident and the deceased is over 13 years of age, a blood sample shall be taken and forwarded to an approved laboratory for analysis. Such blood or urine sample…
ORS 146.115 [Amended by 1955 c.190 §1; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.117 Autopsies. (1) A medical examiner or district attorney may order an autopsy performed in any death requiring investigation. This authorization for an autopsy shall permit the pathologist to remove and retain body tissues or organs from the deceased for the purpose of the legal or medical determination of the manner or cause of death, or other purposes approved under policies established by the State Medical Examiner Advisory Board
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(2) If an autopsy is ordered, the medical examiner shall obtain the services of a pathologist authorized under ORS 146.045 (2)(b). (3) A pathologist may not receive compensation for performing the autopsy if, as medical examiner, the pathologist ordered the autopsy. [1973 c.408 §…
ORS 146.120 [Amended by 1959 c.629 §35; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.121 Disposition of body; filing; expenses. (1) No person shall bury or otherwise dispose of the body of a person whose death required investigation, without having first obtained a burial, cremation or reduction permit, or a report of death completed and signed by a medical examiner
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(2) When a medical examiner investigates the death of a person whose body is not claimed by a friend or relative within five days of the date of death, the sheriff or, in counties having a population of 400,000 or more, the medical examiner shall dispose of the body according to …
ORS 146.125 Disposition of personal property. (1) The medical examiner, medical-legal death investigator, district attorney or sheriff may temporarily retain possession of any property found on the body or in the possession of the deceased that in the opinion of the medical examiner, medical-legal death investigator, district attorney or sheriff may be useful in establishing the cause or manner of death or may be used in further proceedings
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(2) When a medical examiner, medical-legal death investigator, district attorney or sheriff assumes control or custody of money or personal property found on the body or in the possession of the deceased, the medical examiner, medical-legal death investigator, district attorney o…
ORS 146.130 [Amended by 1959 c.629 §36; repealed by 1965 c.221 §27]
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(Inquest)
ORS 146.135 Authority to order inquest. (1) The district attorney for the county where the death occurs may order an inquest to obtain a jury finding of the cause and manner of death in any case requiring investigation
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(2) For the purpose of conducting an inquest, the district attorney shall have the powers of a judicial officer as described by ORS 1.240 and 1.250. (3) The district attorney shall advise the jury of inquest as to its duties and instruct the jury on questions of law. (4) The dist…
ORS 146.140 [Amended by 1959 c.629 §37; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.145 Jury of inquest. (1) The district attorney shall order the inquest to be held at a specified time and place and as provided in ORS 10.810 and 10.820 shall summon a jury of inquest to inquire into the cause and manner of death
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(2) Upon receipt of a copy of the order of inquest, the sheriff shall select, as provided by law, not less than eight prospective members of the jury of inquest. (3) The sheriff shall obtain a summons for each prospective juror selected and cause the summons to be served upon suc…
ORS 146.150 [Amended by 1959 c.629 §38; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.155 Inquest proceedings. (1) The six members of the jury of inquest shall be sworn by the district attorney to
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(a) Inquire into who the deceased person was, when and where the deceased person came to death, the cause of death and the manner of death. (b) Give a true verdict thereof according to the evidence produced during the inquest. (2) The district attorney shall subpoena as a witness…
ORS 146.160 [Amended by 1959 c.629 §39; repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.165 Verdict; findings; testimony and verdict of inquest as admissible evidence in subsequent proceedings. (1) The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced
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(a) Who the deceased person was; (b) When and where the deceased person came to death; (c) The cause of death; and (d) The manner of death. (2) The verdict of a jury of inquest shall not preclude nor require a criminal charge by the grand jury or district attorney. (3) The testim…
ORS 146.170 [Amended by 1955 c.161 §1; 1959 c.629 §40; repealed by 1965 c.221 §27]
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IDENTIFICATION OF DEAD AND MISSING PERSONS
ORS 146.171 Unidentified human remains; maintenance of records. (1) The Superintendent of State Police shall establish and maintain a file of records relating to unidentified human remains found within the state and of which the Oregon State Police are notified under ORS 146.174. The records shall be maintained in order to facilitate the identification of such remains
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(2) The Superintendent of State Police shall establish the file described under subsection (1) of this section after consultation with the Chief Medical Examiner to determine what areas of information generally shall be requested, obtained and preserved in the file. General areas…
ORS 146.174 Medical examiner to provide information about unidentified human remains; identification. (1) If a medical examiner is unable to determine the identity of human remains, the medical examiner shall, not later than 30 days after such remains are brought to the medical examiner’s attention, notify and provide to the Superintendent of State Police or the superintendent’s designee all information in the medical examiner’s records concerning the remains
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(2) The medical examiner shall make reasonable attempts to promptly identify human remains and may consider procedures consistent with current forensic autopsy performance standards of the National Association of Medical Examiners. Reasonable attempts to identify human remains in…
ORS 146.177 Procedures for investigating missing persons. Written policies adopted by Oregon law enforcement agencies regarding missing persons shall specify the procedures for investigating missing persons in order to ensure that reported missing persons cases, particularly those involving minor children, are investigated as soon as possible, utilizing all available resources. In adopting policies under this section, Oregon law enforcement agencies may consider standards set by the Oregon Accreditation Alliance and adopt policies consistent with Oregon Accreditation Alliance standards. Policies adopted under this section should include the following
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(1) Requirements for accepting missing persons reports; (2) Procedures for initial investigations; (3) Responsibility for follow-up investigations; (4) Standards for maintaining and clearing computer data of missing persons information stored in the Law Enforcement Data System an…
ORS 146.180 [Repealed by 1965 c.221 §27]
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[Repealed or reserved.]
ORS 146.181 Missing persons; police report; supplementary report. (1) When a person is reported as missing to any city, county or state police agency, the agency, within 12 hours thereafter, shall enter into state and federal records maintained for that purpose, a report of the missing person in a format and according to procedures established by the authorities responsible respectively for the state and federal records
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(2) The law enforcement agency to which the report is made: (a) May request from the person making the report information or material likely to be useful in identifying the missing person or the human remains of the missing person, including, but not limited to: (A) The name of t…