Title 146 · ORS Chapter 146

to 678.390 appointed as provided by ORS 146.003 to 146.189 to

Citation: ORS 678.375

Section: 678.375

678.375 to 678.390 appointed as provided by ORS 146.003 to 146.189 to investigate and certify the cause and manner of deaths requiring investigation, including the Chief Medical Examiner.

�� (10) �Medical-legal death investigator� means a person appointed by the district medical examiner to assist in the investigation of deaths within a county.

�� (11) �Pathologist� means a physician licensed under ORS chapter 677 who is eligible for certification by the American Board of Pathology, or its successor organization, as approved by the State Medical Examiner Advisory Board.

�� (12) �Unidentified human remains� does not include human remains that are unidentified human remains that are part of an archaeological site or suspected of being Native American and covered under ORS chapters 97 and 390 and ORS 358.905 to 358.961. [1973 c.408 �1a; 1995 c.744 �17; 2007 c.500 �1; 2011 c.506 �18; 2013 c.180 �18; 2017 c.151 �3; 2025 c.223 �1]

�� 146.005 [1959 c.629 �8; 1965 c.221 �14; repealed by 1973 c.408 �35]

�� 146.010 [Amended by 1959 c.629 �16; renumbered 10.810]

(Administrative Provisions)

�� 146.015 State Medical Examiner Advisory Board; appointment of Chief Medical Examiner; rules. (1) There is hereby established the State Medical Examiner Advisory Board.

�� (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 superintendent shall appoint the Chief Medical Examiner.

�� (4) The board consists of 11 members appointed by the Governor who are:

�� (a) The Chair of the Department of Pathology of the Oregon Health and Science University, who is the chairperson of the board;

�� (b) The State Health Officer;

�� (c) A sheriff;

�� (d) A trauma physician recommended by the State Trauma Advisory Board;

�� (e) A pathologist;

�� (f) A district attorney;

�� (g) A funeral service practitioner and embalmer licensed by the State Mortuary and Cemetery Board;

�� (h) A chief of police;

�� (i) A member of the defense bar;

�� (j) A member of the public at large; and

�� (k) A member of one of the federally recognized Oregon Indian tribes.

�� (5) The members described in subsection (4)(a) and (b) of this section may serve as long as they hold their respective positions. The term of office of each member described in subsection (4)(c), (f) and (h) of this section is for four years, except that the position becomes vacant if the member ceases to be a sheriff, district attorney or chief of police, respectively. The terms of office of the other members of the State Medical Examiner Advisory Board are for four years.

�� (6) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

�� (7) The board shall meet annually at a time and place determined by the chairperson. The chairperson or any four members of the board may call a special meeting upon not less than one week�s notice to the members of the board.

�� (8) Six members of the board constitute a quorum. [1973 c.408 �2; 1995 c.744 �9; 2011 c.28 �1; 2017 c.151 �4]

�� Note: The amendments to 146.015 by section 41, chapter 32, Oregon Laws 2024, become operative January 1, 2027. See section 44, chapter 32, Oregon Laws 2024. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 146.015. (1) There is hereby established the State Medical Examiner Advisory Board.

�� (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 superintendent shall appoint the Chief Medical Examiner.

�� (4) The board consists of 11 members appointed by the Governor who are:

�� (a) The Chair of the Department of Pathology of the Oregon Health and Science University, who is the chairperson of the board;

�� (b) The State Health Officer;

�� (c) A sheriff;

�� (d) A trauma physician recommended by the Emergency Medical Services Advisory Board;

�� (e) A pathologist;

�� (f) A district attorney;

�� (g) A funeral service practitioner and embalmer licensed by the State Mortuary and Cemetery Board;

�� (h) A chief of police;

�� (i) A member of the defense bar;

�� (j) A member of the public at large; and

�� (k) A member of one of the federally recognized Oregon Indian tribes.

�� (6) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

�� (8) Six members of the board constitute a quorum.

�� 146.020 [Renumbered 10.820]

�� 146.025 Functions of board. In addition to the duties set forth in ORS 146.015 the State Medical Examiner Advisory Board shall:

�� (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 district medical examiners.

�� (3) Recommend to district medical examiners and district attorneys the qualifications for medical-legal death investigators.

�� (4) Approve or disapprove of a single district medical examiner�s office for two or more counties as provided by ORS 146.065 (5).

�� (5) Recommend a proposed budget for the Office of the Chief Medical Examiner to the Department of State Police.

�� (6) Annually review the Chief Medical Examiner�s report prescribed by ORS 146.055 and report to the Superintendent of State Police and to the State Board of Health regarding the operation of the Office of the Chief Medical Examiner. [1973 c.408 �3; 1995 c.744 �10; 2017 c.151 �5]

�� 146.030 [1959 c.629 �10; 1965 c.221 �15; repealed by 1973 c.408 �35]

�� 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.

�� (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 Office of the Chief Medical Examiner shall:

�� (a) File and maintain appropriate reports on all deaths requiring investigation.

�� (b) Maintain an accurate list of all active district medical examiners, assistant district medical examiners and designated pathologists.

�� (c) Transmit monthly to the Department of Transportation a report for the preceding calendar month of all information obtained under ORS 146.113.

�� (5) Notwithstanding ORS 192.345 (36):

�� (a) Any parent, spouse, sibling, child or personal representative of the deceased, or any person who may be criminally or civilly liable for the death, or their authorized representatives respectively, may examine and obtain copies of any medical examiner�s report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117.

�� (b) The system described in ORS 192.517 (1) shall have access to reports described in this subsection as provided in ORS 192.517. [1973 c.408 �4; 1987 c.142 �1; 1995 c.504 �3; 1995 c.744 �8; 2003 c.14 �60; 2005 c.498 �1; 2009 c.222 ��3,5; 2011 c.9 �7; 2013 c.1 ��6,7; 2015 c.14 �3; 2017 c.151 �6]

�� 146.040 [1959 c.629 �1; repealed by 1973 c.408 �35]

�� 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.

�� (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 required under ORS 146.113 (2).

�� (3) The Chief Medical Examiner may:

�� (a) Assume control of a death investigation in cooperation with the district attorney.

�� (b) Order an autopsy in a death requiring investigation.

�� (c) Certify the cause and manner of a death requiring investigation.

�� (d) Amend a previously completed report on a death requiring investigation.

�� (e) Order a body exhumed in a death requiring investigation.

�� (f) Designate a Deputy State Medical Examiner as Acting Chief Medical Examiner.

�� (g) After a reasonable and thorough investigation, complete and file a report of death for a person whose body is not found.

�� (4) Distribution of moneys from the Chief Medical Examiner�s budget for partial reimbursement of each county�s autopsy expenditures shall be made subject to approval of the Chief Medical Examiner.

�� (5) Within 45 days of receipt of information that a person is missing at sea and presumed dead, the Chief Medical Examiner shall determine whether the information is credible and, if so, complete and file a report of death for the person presumed dead. If the information is determined not to be credible, the Chief Medical Examiner may continue the death investigation.

�� (6)(a) If the Search and Rescue Coordinator and a county sheriff investigate a person missing in the wilderness or a forested environment and determine that the person is believed to be deceased, the sheriff shall send documentation of the investigation and determination to the Chief Medical Examiner.

�� (b) Within seven days after receiving documentation under paragraph (a) of this subsection, the Chief Medical Examiner shall evaluate the credibility of the investigation and the determination that the person is believed to be deceased.

�� (c) If the Chief Medical Examiner, based on the evaluation under paragraph (b) of this subsection and the Chief Medical Examiner�s field of expertise, determines that there is no reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall complete and file a report of death for the person believed to be deceased within 45 days after making the determination.

�� (d)(A) If the Chief Medical Examiner, based on the evaluation under paragraph (b) of this subsection and the Chief Medical Examiner�s field of expertise, determines that there is a reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall report to the sheriff with the basis for the determination and a list of any missing information that would aid the Chief Medical Examiner in evaluating the credibility of the investigation and the determination that the person is believed to be deceased.

�� (B) Upon receiving a report under subparagraph (A) of this paragraph, the sheriff shall make a reasonable effort to provide the missing information listed by the Chief Medical Examiner.

�� (C) After issuing a report under this paragraph, the Chief Medical Examiner shall continue the death investigation in conjunction with the sheriff and the Search and Rescue Coordinator until the sheriff issues a final report on the missing person. If, at any time, the Chief Medical Examiner determines, based on the Chief Medical Examiner�s field of expertise, that there is no reasonable suspicion that the person is not deceased, the Chief Medical Examiner shall complete and file a report of death for the person believed to be deceased within 45 days after making the determination. [1973 c.408 �5; 2005 c.90 �1; 2013 c.366 �66; 2017 c.151 �7; 2019 c.435 �1]

�� 146.050 [1959 c.629 �2; repealed by 1973 c.408 �35]

�� 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.

�� (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 conduct training programs for the district medical examiners and law enforcement agencies.

�� (4) The Chief Medical Examiner shall submit an annual report to the State Medical Examiner Advisory Board detailing the activities and accomplishments of the state and each county office in the preceding year as well as a cost analysis of the Office of the Chief Medical Examiner. [1973 c.408 �6; 2017 c.151 �8]

�� 146.060 [1959 c.629 �3; repealed by 1973 c.408 �35]

�� 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.

�� (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 vacant, the local health officer shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.

�� (4) If the positions of district medical examiner and local health officer are both vacant, the district attorney shall temporarily act as medical examiner in cooperation with the Chief Medical Examiner until the vacancy is filled.

�� (5) Two or more counties, with the approval of the State Medical Examiner Advisory Board and commissioners of each county, may form a district medical examiner�s office instead of an office for each such county.

�� (6) When a county or district has a population of 200,000 or more persons, the Chief Medical Examiner may, with the approval of the State Medical Examiner Advisory Board, appoint a Deputy State Medical Examiner for that county or district.

�� (7) The compensation of the Deputy State Medical Examiner shall be paid by the state from funds available for such purpose.

�� (8) The services of the Deputy State Medical Examiner may be contracted by the Department of State Police. These contracts may be terminated by either party at any time by written notice to the other party to the agreement and, upon termination, the appointment of such Deputy State Medical Examiner is terminated. [1973 c.408 �7; 1995 c.744 �11; 2015 c.736 �50; 2017 c.151 �9]

�� 146.070 [1959 c.629 �4; 1969 c.314 �8; repealed by 1973 c.408 �35]

�� 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.

�� (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 such purpose.

�� (3) When a district medical examiner also serves as local health officer, the county shall separately budget the compensation and expenses to be paid for medical examiner�s duties.

�� (4) All expenses of death investigations shall be paid from county funds budgeted for such purpose except that, in counties under 200,000 population upon the approval of the Chief Medical Examiner, one-half of the costs of autopsies ordered under ORS 146.117 shall be paid annually by the state from funds for such purpose. If funds available for this payment are insufficient to meet one-half of these costs, even proportional payments to the counties shall be made.

�� (5) Expenses of burial or other disposition of an unclaimed body shall be paid by the county where the death occurs, as provided by ORS 146.100 (2), in the manner provided by ORS 146.121 (4).

�� (6) Each district office shall maintain copies of the:

�� (a) Reports of death investigation by the medical examiner;

�� (b) Autopsy reports;

�� (c) Laboratory analysis reports; and

�� (d) Inventories of money or property of the deceased taken into custody during the investigation.

�� (7) Reports and inventories maintained by the district office shall be available for inspection as provided by ORS 146.035 (5).

�� (8) Copies of reports of death investigations by medical examiners and autopsy reports shall be forwarded to the Office of the Chief Medical Examiner.

�� (9) Each district office shall maintain current records of:

�� (a) All assistant district medical examiners appointed.

�� (b) Appointments of each medical-legal death investigator appointed for the county or district.

�� (c) The name, address and director of each licensed funeral home located within the county or district.

�� (10) Each district office shall immediately in writing notify the Office of the Chief Medical Examiner of all appointments and resignations of their medical examiners. [1973 c.408 �8; 1987 c.142 �2; 2015 c.736 �51; 2017 c.151 �10]

�� 146.080 Assistant district medical examiner. (1) Each district medical examiner may appoint one or more assistant district medical examiners.

�� (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 investigating and certifying deaths.

�� (b) Have the authority and responsibility to investigate and certify deaths requiring investigation. [1973 c.408 �10]

�� 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.

�� (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 office of the district medical examiner.

�� (4) A medical-legal death investigator shall investigate deaths subject to the control and direction of the district medical examiner or the district attorney.

�� (5) A medical-legal death investigator may authorize the removal of the body of a deceased person from the apparent place of death.

�� (6) The medical-legal death investigator may not authorize embalming, order a post-mortem examination or autopsy, or certify the cause and manner of death. [1973 c.408 �11; 2017 c.151 �11]

�� 146.087 [1975 c.565 �1; renumbered