146.001 [Formerly 146.087; repealed by 1987 c.517 §1 (432.300 enacted in lieu of 146.001)]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 146 — Investigations of Deaths, Injuries and Missing Persons
109 sections146.003 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: “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). “Assistant district medical examiner” means a physician licensed under ORS chapter 677, physician asso…
146.005 [1959 c.629 §8; 1965 c.221 §14; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.010 [Amended by 1959 c.629 §16; renumbered 10.810]renumbered
No operative statutory text appears at this designation in the selected edition.
146.015 State Medical Examiner Advisory Board; appointment of Chief Medical Examiner; rules
There is hereby established the State Medical Examiner Advisory Board. 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. The board shall recommend the name or names of pathologists to the Superintendent of State Police from which the superintendent…
146.020 [Renumbered 10.820]renumbered
No operative statutory text appears at this designation in the selected edition.
146.025 Functions of board
In addition to the duties set forth in ORS 146.015 the State Medical Examiner Advisory Board shall: Recommend to the Oregon Department of Administrative Services the qualifications and compensation for the positions of Chief Medical Examiner and Deputy State Medical Examiner. Recommend to the county courts the compensation of the district medical examiners…
146.030 [1959 c.629 §10; 1965 c.221 §15; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.035 Chief Medical Examiner; personnel; records; right to examine records
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. The Chief Medical Examiner shall manage all aspects of the Office of the Chief Medical Examiner’s program. Subject to the State Personnel Relations Law, the Chief Medical Exam…
146.040 [1959 c.629 §1; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.045 Duties of Chief Medical Examiner; persons missing at sea, in wilderness or in forested environment
After consultation with the State Medical Examiner Advisory Board, the Chief Medical Examiner shall appoint each Deputy State Medical Examiner. The Chief Medical Examiner shall: Appoint and discharge each district medical examiner as provided by ORS 146.065 (2). Designate those pathologists authorized to perform autopsies under ORS 146.117 (2). Approve t…
146.050 [1959 c.629 §2; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.055 Advice; autopsies; training programs; report
The Chief Medical Examiner shall assist and advise district medical examiners in the performance of their duties. 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. The Chief Medical Ex…
146.060 [1959 c.629 §3; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.065 Local medical examiners; appointment; Deputy State Medical Examiner
In each county there shall be a medical examiner for the purpose of investigating and certifying the cause and manner of deaths requiring investigation. 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 …
146.070 [1959 c.629 §4; 1969 c.314 §8; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.075 District office duties; personnel; expenses for certain duties; records and reports
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. All expenses of equipping, maintain…
146.080 Assistant district medical examiner
Each district medical examiner may appoint one or more assistant district medical examiners. The qualifications of an assistant district medical examiner shall be prescribed by the State Medical Examiner Advisory Board. When delegated by the district medical examiner, an assistant district medical examiner shall: Assist the district medical examiner in in…
146.085 Medical-legal death investigators
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.…
146.087 [1975 c.565 §1; renumbered 146.001]renumbered
No operative statutory text appears at this designation in the selected edition.
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.
146.090 Deaths requiring investigation
The medical examiner shall investigate and certify the cause and manner of all human deaths: Apparently homicidal, suicidal or occurring under suspicious or unknown circumstances; Resulting from the unlawful use of controlled substances or the use or abuse of chemicals or toxic agents; Occurring while incarcerated in any jail, correction facility or in po…
146.095 Investigation; certification; report; training
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. 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…
146.100 Where death considered to have occurred; notification of death required
Death investigations shall be under the direction of the district medical examiner and the district attorney for the county where the death occurs. 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 m…
146.102 Guidance concerning overdose death communication; notification
As used in this section: “Cause of death” has the meaning given that term in ORS 146.003. “Local mental health authority” has the meaning given that term in ORS 430.630. “Manner of death” has the meaning given that term in ORS 146.003. “Opioid” means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the…
146.103 Removal of body, effects or weapons prohibited without consent
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. No person shall move or remove any of the items specifi…
146.105 [1959 c.629 §7; repealed by 1965 c.221 §7]repealed
No operative statutory text appears at this designation in the selected edition.
146.107 Authority to enter and secure certain premises; court order
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. If refused entry, the …
146.109 Notification of next of kin
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. 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 invest…
146.110 [Amended by 1959 c.629 §34; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.113 Authority to order removal of body fluids
A medical examiner or district attorney may, in any death requiring investigation, order samples of blood or urine taken for laboratory analysis. 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 …
146.115 [Amended by 1955 c.190 §1; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.117 Autopsies
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 polici…
146.120 [Amended by 1959 c.629 §35; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.121 Disposition of body; filing; expenses
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. When a medical examiner investigates the death of a person whose body is not claimed by a friend or relative within five …
146.125 Disposition of personal property
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 …
146.130 [Amended by 1959 c.629 §36; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.135 Authority to order inquest
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. 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. The district attorney shall advise th…
146.140 [Amended by 1959 c.629 §37; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.145 Jury of inquest
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. 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 inqu…
146.150 [Amended by 1959 c.629 §38; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.155 Inquest proceedings
The six members of the jury of inquest shall be sworn by the district attorney to: 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. Give a true verdict thereof according to the evidence produced during the inquest. The district attorney shall subpoena as a witness any p…
146.160 [Amended by 1959 c.629 §39; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.165 Verdict; findings; testimony and verdict of inquest as admissible evidence in subsequent proceedings
The jury shall give its verdict in writing, signed by its members, setting forth its findings from the evidence produced: Who the deceased person was; When and where the deceased person came to death; The cause of death; and The manner of death. The verdict of a jury of inquest shall not preclude nor require a criminal charge by the grand jury or distri…
146.170 [Amended by 1955 c.161 §1; 1959 c.629 §40; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.171 Unidentified human remains; maintenance of records
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. The Superintendent of State Police shall establish the …
146.174 Medical examiner to provide information about unidentified human remains; identification
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. …
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 secti…
146.180 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.181 Missing persons; police report; supplementary report
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. The …
146.184 Medical practitioners to provide information about missing persons
A dentist, denturist, physician, naturopathic physician, optometrist or other medical practitioner, upon receipt of a written request from a law enforcement agency for identifying information pursuant to ORS 146.181, shall provide to the agency any information known to the practitioner upon the request forms provided by the agency. Information obtained unde…
146.187 DNA sample
If a person who has been reported as missing has not been located within 30 days after the missing person report is made, the law enforcement agency that accepted the missing persons report shall attempt to obtain a DNA sample from the missing person or from family members of the missing person in addition to any documentation necessary to enable the agency …
146.189 Use of records to identify human remains and missing persons; disposition of records
If the Superintendent of State Police is notified that a record of unidentified human remains filed by the Department of State Police under ORS 146.171 corresponds with the record of a person reported as missing, the superintendent shall immediately notify the medical examiner who reported the unidentified human remains and the law enforcement agency that fi…
146.190 [Amended by 1959 c.629 §41; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.200 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.210 [Amended by 1959 c.629 §42; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.220 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.230 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.240 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.250 [Amended by 1953 c.568 §3; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.260 [Amended by 1953 c.568 §3; repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.270 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.280 [Repealed by 1965 c.221 §27]repealed
No operative statutory text appears at this designation in the selected edition.
146.310 [1965 c.221 §2; 1971 c.487 §3; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.315 [1971 c.487 §2; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.320 [1965 c.221 §5; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.330 [1965 c.221 §3; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.340 [1965 c.221 §4; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.350 [1965 c.221 §6; 1971 c.487 §4; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.360 [1965 c.221 §7; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.370 [1965 c.221 §8; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.410 [1959 c.629 §6; 1965 c.221 §16; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.420 [1959 c.629 §9; 1963 c.98 §1; 1965 c.91 §1; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.430 [1959 c.629 §11; 1961 c.434 §3; 1965 c.91 §2; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.440 [1959 c.629 §12; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.450 [1959 c.629 §13; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.460 [1959 c.629 §14; repealed by 1965 c.91 §3 (146.461 enacted in lieu of 146.460)]repealed
No operative statutory text appears at this designation in the selected edition.
146.461 [1965 c.91 §4 (enacted in lieu of 146.460); repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.470 [1959 c.629 §15; 1961 c.434 §4; 1965 c.91 §5; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.480 [1959 c.629 §17; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.490 [1959 c.629 §18; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.500 [1959 c.629 §19; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.505 [1983 c.390 §1; renumbered 146.171 in 2007]renumbered
No operative statutory text appears at this designation in the selected edition.
146.510 [1959 c.629 §20; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.515 [1983 c.390 §2; 2007 c.500 §5; renumbered 146.174 in 2007]renumbered
No operative statutory text appears at this designation in the selected edition.
146.520 [1959 c.629 §21; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.525 [1983 c.390 §3; 1989 c.1059 §3; 2007 c.500 §3; renumbered 146.181 in 2007]renumbered
No operative statutory text appears at this designation in the selected edition.
146.530 [1959 c.629 §22; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.535 [1983 c.390 §4; 2007 c.500 §6; renumbered 146.184 in 2007]renumbered
No operative statutory text appears at this designation in the selected edition.
146.540 [1959 c.629 §23; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.545 [1983 c.390 §5; 2007 c.500 §7; renumbered 146.189 in 2007]renumbered
No operative statutory text appears at this designation in the selected edition.
146.550 [1959 c.629 §24; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.560 [1959 c.629 §25; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.565 [1961 c.434 §2; 1965 c.91 §6; 1965 c.439 §4; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.570 [1959 c.629 §26; 1967 c.632 §1; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.580 [1959 c.629 §27; 1961 c.434 §5; 1967 c.632 §2; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.590 [1959 c.629 §§28,29; 1961 c.434 §6; 1967 c.632 §3; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.600 [1959 c.629 §30; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.610 [1959 c.629 §31; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.710 Definition for ORS 146.710 to 146.780
As used in ORS 146.710 to 146.780, “injury” means: A physical injury caused by a knife, gun, pistol or other dangerous or deadly weapon; or A serious physical injury.
146.720 [1963 c.621 §§3,4; 1965 c.221 §17; repealed by 1965 c.472 §9]repealed
No operative statutory text appears at this designation in the selected edition.
146.730 Investigation
A medical examiner or district attorney may investigate an injury whenever the injury occurred under suspicious or unknown circumstances. All authority granted to the medical examiner or district attorney by ORS 146.003 to 146.189 and 146.710 to 146.992 may be exercised in making such investigation.
146.740 Reports of medical examiner
Whenever the medical examiner concludes that a crime may have been committed by any person in causing the injury, the medical examiner shall report the conclusion to the district attorney.
146.750 Injuries to be reported to law enforcement agency
Except as required in subsection (3) of this section, a physician, including an intern and resident, a physician associate licensed under ORS 677.505 to 677.525, a naturopathic physician licensed under ORS chapter 685 or a registered nurse licensed under ORS chapter 678, who has reasonable cause to suspect that a person brought to the physician, physician as…
146.760 Immunity of participant in making of report
Anyone participating in good faith in the making of a report pursuant to ORS 146.750 and who has reasonable grounds for the making thereof shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report. Any such participant shall have the same immunity with respect to participa…
146.770 [1965 c.472 §6; 1971 c.451 §14; renumbered 418.775]renumbered
No operative statutory text appears at this designation in the selected edition.
146.780 Confidentiality of records and reports
Notwithstanding the provisions of ORS 192.311 to 192.478 relating to confidentiality and accessibility for public inspection of public records, records and reports made under the provisions of ORS 146.750 are confidential and are not accessible for public inspection.
146.990 [Subsection (1) enacted as 1959 c.629 §45; subsection (3) of 1963 Replacement Part enacted as 1963 c.621 §7; 1965 c.221 §20; 1965 c.472 §8; 1971 c.451 §16; repealed by 1973 c.408 §35]repealed
No operative statutory text appears at this designation in the selected edition.
146.992 Penalties
A person who violates ORS 146.103 (1) commits a Class A misdemeanor. A person who violates ORS 146.103 (2) or (4), 146.107 (5), or 146.121 (1) commits a Class B misdemeanor. A person who violates ORS 146.100 (4) commits a Class C misdemeanor. _______________