Title 146 · ORS Chapter 146

146.100, of the death of an individual described in subsection (2)(a) of this section, if the decedent was not domiciled in the county where the death occurred, the local mental health authority shall

Citation: ORS 146.100

Section: 146.100

146.100, of the death of an individual described in subsection (2)(a) of this section, if the decedent was not domiciled in the county where the death occurred, the local mental health authority shall provide notice of the death to the local mental health authority in the county where the decedent was domiciled.

����� (4) The local mental health authority in the county where an individual described in subsection (2)(a) of this section was domiciled may notify the local mental health authority in any other county in which the decedent had significant contacts, as described by the Oregon Health Authority by rule.

����� (5) After receiving notice of the death of an individual described in subsection (2)(a) of this section, each local mental health authority in a county in which the decedent had significant contacts may inform the Oregon Health Authority, in a manner and format determined by the authority, of activities implemented to support individuals and any local entities affected by the death and to prevent the risk of future related deaths. The Oregon Health Authority may serve as a resource to the local mental health authorities as needed by the community.

����� (6) In compliance with any state or federal laws regulating public disclosure of such information, the notification described in subsections (3) and (4) of this section must contain the following information regarding the decedent to enable the local mental health authorities described in subsections (3) and (4) of this section to deploy effective post-intervention efforts:

����� (a) The name of the decedent;

����� (b) The dates of birth and death of the decedent;

����� (c) The suspected manner of death;

����� (d) The suspected cause of death; and

����� (e) Any other information that the local mental health authority determines necessary to preserve the public health. [2023 c.593 �20]

����� Note: 146.102 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 146 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 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.

����� (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 body, the effects of the deceased and any weapons, instruments, vehicles, buildings or premises which the medical examiner, district attorney or medical-legal death investigator has reason to believe were involved in the death, in order to preserve evidence relating to the cause and manner of death.

����� (4) In a death requiring investigation, no person shall undress, embalm, cleanse the surface of the body or otherwise alter the appearance or the state of the body without the permission of the medical examiner or the district attorney. [1973 c.408 �14; 2017 c.151 �15]

����� 146.105 [1959 c.629 �7; repealed by 1965 c.221 �7]

����� 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.

����� (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 application supported by an affidavit setting forth facts and circumstances tending to show that a body or such evidence of death is in the place to be searched, the judge shall issue such order to enter and search and seize.

����� (4) To preserve evidence, a medical examiner, medical-legal death investigator or district attorney may:

����� (a) Place under the custody or control of the medical examiner, medical-legal death investigator or district attorney, or enclose or lock any room, dwelling, building or other enclosure for a period of not more than five days.

����� (b) Rope off or otherwise restrict entry to any open area.

����� (c) Forbid the entrance of any unauthorized person into the area specified under paragraphs (a) and (b) of this subsection.

����� (5) No person shall enter upon the enclosures or areas specified in subsection (4) of this section without the permission of the medical examiner, medical-legal death investigator or district attorney. [1973 c.408 �15; 2017 c.151 �16]

����� 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.

����� (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 investigator shall be fair and equitable among the funeral homes listed in the office of the district medical examiner. [1973 c.408 �16; 2017 c.151 �17]

����� 146.110 [Amended by 1959 c.629 �34; repealed by 1965 c.221 �27]

����� 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.

����� (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 samples shall be analyzed for the presence and quantity of ethyl alcohol, and if considered necessary by the Chief Medical Examiner, the presence of any other intoxicants, as defined in ORS 801.321.

����� (3) Laboratory reports of the analysis shall be made a part of the Chief Medical Examiner�s and district medical examiner�s files. [1973 c.408 �17; 1979 c.744 �5; 2017 c.21 �41; 2017 c.151 �18; 2023 c.498 �17]

����� 146.115 [Amended by 1955 c.190 �1; repealed by 1965 c.221 �27]

����� 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.

����� (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 �18; 1987 c.142 �4; 1995 c.744 �15]

����� 146.120 [Amended by 1959 c.629 �35; repealed by 1965 c.221 �27]

����� 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.

����� (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 the provisions of ORS 97.170 to 97.210.

����� (3) If the medical examiner is unable to dispose of the body of a deceased person according to subsection (2) of this section, the medical examiner may order in writing that the body be either cremated, reduced or plainly and decently buried.

����� (4) The sheriff or medical examiner shall file a copy of the report of death, the order for disposition and a verified statement of the expenses of the cremation, reduction or burial with the board of county commissioners. The board of county commissioners shall pay such expenses, or any proportion thereof as may be available, from county funds annually budgeted for this purpose. [1973 c.408 �19; 1995 c.744 �16; 2013 c.366 �68; 2021 c.296 �25]

����� 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.

����� (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 or sheriff shall:

����� (a) Make a verified inventory of such money or property.

����� (b) File the inventory in the district medical examiner�s office.

����� (c) Deposit the money with the county treasurer to the credit of the county general fund.

����� (3) If personal property is not retained by the medical examiner, medical-legal death investigator, district attorney or sheriff, and is not claimed within 30 days, the inventory shall be filed with the board of county commissioners to be disposed of as follows:

����� (a) If the property has value, the board may order it sold and after deducting the cost of sale, shall deposit the proceeds of the sale with the county treasurer to the credit of the county general fund.

����� (b) If the property has no value in the judgment of the board, the board may order the sheriff to destroy such property.

����� (4) Any expenses incurred by the county in transporting or disposing of the body may be deducted from the money or proceeds of the sale of personal property before it is delivered to a claimant.

����� (5) If it appears that the person whose death required investigation died wholly intestate and without heirs, the county whose official has control or custody of the property shall notify an estate administrator of the State Treasurer appointed under ORS