Bill Text: OR SB566 | 2013 | Regular Session | Introduced
Bill Title: Relating to medical examiners; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB566 Detail]
Download: Oregon-2013-SB566-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3028
Senate Bill 566
Sponsored by Senator KRUSE; Senators PROZANSKI, ROBLAN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Directs State Medical Examiner to assume counties'
responsibilities related to death investigations. Directs State
Medical Examiner to establish regions for administration
purposes. Provides for transitional period, ending July 1, 2017.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to medical examiners; creating new provisions; amending
ORS 146.003, 146.025, 146.035, 146.045, 146.055, 146.065,
146.075, 146.080, 146.085, 146.095, 146.100, 146.109, 146.113,
146.117, 146.121, 146.125, 146.135, 146.992 and 433.449;
repealing ORS 146.075, 146.080 and 146.088; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
{ +
PROVISIONS THAT BECOME OPERATIVE ON JANUARY 1, 2014 + }
SECTION 1. ORS 146.045 is amended to read:
146.045. { - (1) - } { + (1)(a) + } After consultation with
the State Medical Examiner Advisory Board, the State Medical
Examiner shall
{ - appoint each Deputy State Medical Examiner. - } { + :
(A) Establish regions in this state for the administration of
ORS 146.003 to 146.189;
(B) Determine, for each region established under this
subsection, whether the counties located in the region shall
continue their duties related to the administration of ORS
146.003 to 146.189 or whether the State Medical Examiner is
wholly responsible for the administration of ORS 146.003 to
146.189 in the region;
(C) Appoint a Deputy State Medical Examiner for each region
over which the State Medical Examiner assumes responsibility; and
(D) Appoint other Deputy State Medical Examiners as the State
Medical Examiner determines is necessary for the administration
of ORS 146.003 to 146.189.
(b) The borders of regions established under this subsection
shall be drawn in accordance with the borders of counties. + }
(2) The State Medical Examiner shall:
{ + (a) Appoint and discharge medical examiners. + }
{ - (a) - } { + (b) + } Appoint and discharge { - each
district medical examiner as provided by ORS 146.065 (2) - }
{ + district medical examiners, as provided by ORS 146.065 (2),
for counties located in regions over which the State Medical
Examiner has not assumed responsibility + }.
{ - (b) - } { + (c) + } Designate { - those - }
pathologists authorized to perform autopsies under ORS 146.117
(2).
{ - (c) - } { + (d) + } Approve { - those - }
laboratories authorized to perform the analyses required under
ORS 146.113 (2).
(3) The State Medical Examiner may:
(a) Assume control of a death investigation in cooperation with
{ - the - } { + a + } 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 death certificate on a death
requiring investigation.
(e) Order a body exhumed in a death requiring investigation.
(f) Designate a Deputy State Medical Examiner as Acting State
Medical Examiner.
(g) After a reasonable and thorough investigation, complete and
file a death certificate for a person whose body is not found.
(4) Distribution of moneys from the State Medical Examiner's
budget for partial reimbursement of { - each county's autopsy
expenditures - } { + the autopsy expenditures of a county that
remains responsible for the administration of ORS 146.003 to
146.189 + } shall be made subject to approval of the State
Medical Examiner.
(5) Within 45 days of receipt of information that a person is
missing at sea and presumed dead, the State Medical Examiner
shall determine whether the information is credible and, if so,
complete and file a death certificate for the person presumed
dead. If the information is determined not to be credible, the
State Medical Examiner may continue the death investigation.
SECTION 2. ORS 146.003 is amended to read:
146.003. As used in ORS 146.003 to 146.189 and 146.710 to
146.992, unless the context requires otherwise:
(1) 'Approved laboratory' means a laboratory approved by the
State Medical Examiner as competent to perform the blood sample
analysis required by ORS 146.113 (2).
(2) 'Assistant district medical examiner' means a physician
appointed by { - the - } { + a + } district medical examiner
{ + under ORS 146.080 + } to investigate and certify deaths
within a county or district.
(3) 'Cause of death' means the primary or basic disease process
or injury ending life.
(4) 'Death requiring investigation' means the death of a person
occurring in any one of the circumstances set forth in ORS
146.090.
(5) 'Deputy medical examiner' means a person appointed by
{ - the - } { + a + } district medical examiner { + under
ORS 146.085 + } to assist in the investigation of deaths within a
county.
(6) 'District medical examiner' means a physician appointed by
the State Medical Examiner { + under ORS 146.065 + } to
investigate and certify deaths within a county or district { - ,
including a Deputy State Medical Examiner - } .
(7) 'Law enforcement agency' means a county sheriff's office,
municipal police department, police department established by a
university under ORS 352.383 and the Oregon State Police.
(8) 'Legal intervention' includes an execution pursuant to ORS
137.463, 137.467 and 137.473 and other legal use of force
resulting in death.
(9) 'Manner of death' means the designation of the probable
mode of production of the cause of death, including natural,
accidental, suicidal, homicidal, legal intervention or
undetermined.
(10) 'Medical examiner' means a physician appointed as provided
by ORS 146.003 to 146.189 to investigate and certify the cause
and manner of deaths requiring investigation, including the State
Medical Examiner.
(11) 'Pathologist' means a physician holding a current license
to practice medicine and surgery and who is eligible for
certification by the American Board of Pathology.
(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.
SECTION 3. ORS 146.025 is amended to read:
146.025. 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
State Medical Examiner and Deputy State Medical Examiner.
(2) Recommend to the county courts { + located in regions over
which the State Medical Examiner has not assumed responsibility
under ORS 146.045 + } the compensation of { - the - } district
medical examiners and assistant district medical examiners.
(3) Recommend to district medical examiners { + appointed
under ORS 146.065 + } and district attorneys { + serving in
regions over which the State Medical Examiner has not assumed
responsibility under ORS 146.045 + } the qualifications for
deputy medical examiners.
(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 State Medical
Examiner's office to the Department of State Police.
(6) Annually review the State Medical Examiner's report
{ - prescribed - } { + required + } by ORS 146.055 and report
to the Superintendent of State Police and to the State Board of
Health regarding the operation of the State Medical Examiner's
office.
SECTION 4. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
{ - State Medical Examiner's - } { + state death
investigation + } program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office 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. - } { + and assistant district medical
examiners.
(c) Maintain an accurate list of all designated
pathologists. + }
{ - (c) - } { + (d) + } 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 192.501 (35):
(a) { - Any - } { + A + } parent, spouse, sibling, child or
personal representative of the deceased, or { - any - }
{ + a + } person who may be criminally or civilly liable for the
death, or their authorized representatives respectively, may
examine and obtain copies of
{ - any - } { + a + } 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.
SECTION 5. ORS 146.055 is amended to read:
146.055. (1) The State Medical Examiner shall assist and advise
district medical examiners { + appointed under ORS 146.065 + }
in the performance of their duties.
(2) The State Medical Examiner shall perform
{ - autopsies - } { + an autopsy + }, if in the judgment of
the State Medical Examiner { - such - } { + an + } autopsy is
necessary in { - any - } { + a + } death requiring
investigation, when { - requested by - } a medical examiner or
district attorney { + requests the autopsy + }.
(3) The State Medical Examiner shall regularly conduct training
programs for { - the - } district medical examiners
{ + appointed under ORS 146.065 + } and law enforcement
agencies.
(4) The State Medical Examiner shall submit an annual report to
the State Medical Examiner Advisory Board detailing the
activities and accomplishments { + in the preceding year + } of
the State { + Medical Examiner's office + } and each county
office { - in the preceding year - } { + located in a region
over which the State Medical Examiner has not assumed
responsibility + } as well as a cost analysis of the
{ - office of the - } State Medical { - Examiner - } { +
Examiner's office + }.
SECTION 6. ORS 146.065 is amended to read:
146.065. (1) In each county { + located in a region over which
the State Medical Examiner has not assumed responsibility under
ORS 146.045 + } there shall be a { + district + } medical
examiner for the purpose of investigating and certifying the
cause and manner of deaths requiring investigation.
(2) { - Each - } District medical { - examiner - }
{ + examiners + } shall be appointed by the State Medical
Examiner with approval of the appropriate board or boards of
commissioners and may be discharged by the State Medical Examiner
without such approval.
(3) If the position of district medical examiner is vacant, the
county health officer shall temporarily act as { + a + } medical
examiner in cooperation with the State Medical Examiner until the
vacancy is filled.
(4) If the positions of district medical examiner and county
health officer are both vacant, the district attorney shall
temporarily act as { + a + } medical examiner in cooperation
with the State 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 - } { + establish a single + } district
medical examiner's office
{ - instead of an office for each such county - } { + for the
counties + }.
(6) When a county or district has a population of 200,000 or
more persons, the State Medical Examiner may, with the approval
of the State Medical Examiner Advisory Board, appoint a Deputy
State Medical Examiner { + as the district medical examiner + }
for that county or district.
(7) The compensation of the Deputy State Medical Examiner { +
appointed as district medical examiner under subsection (6) of
this section + } shall be paid by the state from funds available
for
{ - such - } { + that + } purpose.
(8) The services of { - the - } { + a + } Deputy State
Medical Examiner may be contracted by the Department of State
Police. { - These - } Contracts { + entered into under this
subsection + } 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 - } .
SECTION 7. ORS 146.075 is amended to read:
146.075. (1) { - The - } { + A + } district medical
examiner { + appointed under ORS 146.065 + } 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 - }
{ + considers + } 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 - } { + that + }
purpose.
(3) When a district medical examiner also serves as county
health officer, the county shall separately budget the
compensation and expenses to be paid for { + the district + }
medical examiner's duties { + as prescribed by ORS 146.003 to
146.189 + }.
{ - (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 State
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. - }
{ + (4)(a) All expenses of death investigations shall be
paid:
(A) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, from state funds made
available for the purpose of administering ORS 146.003 to
146.189; and
(B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, from county funds budgeted for the purpose of
administering ORS 146.003 to 146.189.
(b) Notwithstanding paragraph (a)(B) of this subsection, in
counties with a population of fewer than 200,000, upon the
approval of the State Medical Examiner, one-half of the costs of
autopsies ordered under ORS 146.117 shall be paid annually by the
state from funds made available for that purpose. If state funds
are insufficient to meet one-half of the costs of autopsies
ordered under ORS 146.117, even proportional payments to the
counties shall be made. + }
(5) Expenses of burial or other disposition of an unclaimed
body shall be paid { + :
(a) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, from state funds made
available for the purpose of administering ORS 146.003 to
146.189; and
(b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } 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 - } { + A + } district { + medical
examiner's + } 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 { + made + } 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 State
Medical Examiner's office.
(9) Each district { + medical examiner's + } office shall
maintain current records of:
(a) All assistant district medical examiners { + that have
been + } appointed { + by the district medical examiner + }.
(b) { - Appointments of each deputy medical examiner
appointed for the county or district - } { + All deputy medical
examiners that have been appointed by the district medical
examiner + }.
(c) The name, address and director of each licensed funeral
home located within the county or district.
(10) { - Each - } { + A + } district { + medical
examiner's + } office shall immediately { - in writing - }
notify the State Medical Examiner's office { + in writing + }of
all appointments and resignations of { - their - } medical
examiners.
SECTION 8. ORS 146.080 is amended to read:
146.080. (1) { - Each - } { + A + } district medical
examiner { + appointed under ORS 146.045 + } may appoint one or
more assistant district medical examiners.
(2) The qualifications of an assistant district medical
examiner shall be { - prescribed - } { + established + } by
the State Medical Examiner Advisory Board.
{ - (3) When delegated by the district medical examiner, an
assistant district medical examiner shall: - }
{ + (3) A district medical examiner may authorize an
assistant district medical examiner to: + }
(a) Assist the district medical examiner in investigating and
certifying deaths.
(b) Have the authority and responsibility to investigate and
certify deaths requiring investigation.
SECTION 9. ORS 146.085 is amended to read:
146.085. (1) { - The - } { + A + } district medical
examiner { + appointed under ORS 146.065 + } shall appoint,
subject to the approval of the district attorney { + serving in
the county in which the appointee will have the authority to
serve + }and applicable civil service regulations, qualified
deputy medical examiners { - , including - } { + . Appointees
under this subsection must include + } 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 deputy medical
examiners.
{ + (2) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Medical
Examiner may appoint sheriffs, deputy sheriffs, members of the
Oregon State Police and other peace officers as deputy medical
examiners. + }
{ - (2) - } { + (3) + } The { + State Medical Examiner
or + } district medical examiner and the { + county + } district
attorney shall establish qualifications for deputy medical
examiners.
{ - (3) - } { + (4) + } Each deputy medical examiner shall
be individually appointed and the name of the deputy medical
examiner shall be on file in { - the office of the district
medical examiner. - } { + :
(a) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, the State Medical
Examiner's office; and
(b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the district medical examiner's office. + }
{ - (4) - } { + (5) + } A deputy medical examiner shall
investigate deaths subject to the control and direction of
{ + the State Medical Examiner, + } the district medical
examiner or the { + county + } district attorney.
{ - (5) - } { + (6) + } A deputy medical examiner may
authorize the removal of the body of a deceased person from the
apparent place of death.
{ - (6) - } { + (7) + } The deputy medical examiner may not
authorize embalming, order a post-mortem examination or autopsy,
or certify the cause and manner of death.
SECTION 10. ORS 146.095 is amended to read:
146.095. { - (1) - } { + (1)(a) For a region over which the
State Medical Examiner has assumed responsibility under ORS
146.045, a medical examiner appointed by the State Medical
Examiner shall be responsible for all deaths requiring an
investigation.
(b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the district medical examiner { + appointed under
ORS 146.065 who serves the county where death occurs, as provided
by ORS 146.100 (2), + } 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.
(2) The medical examiner shall certify the manner and the cause
of all deaths which the medical examiner is required to
investigate. The certificate of death shall be filed as required
by ORS 432.307.
(3) The medical examiner shall make a report of death
investigation to the State Medical Examiner as soon as possible
after being notified of a death requiring investigation.
(4) Within five days after notification of a death requiring
investigation, the medical examiner shall make a written report
of the investigation and file it in the district medical
examiner's office.
(5) { - the - } { + A + } district medical examiner
{ + appointed under ORS 146.065 + } shall supervise
{ - the - } assistant district medical examiners
{ - and deputy medical examiners - } { + who are assisting in
the investigation + } in cooperation with the { + county + }
district attorney.
{ + (6) A medical examiner shall supervise deputy medical
examiners who are assisting in the investigation in cooperation
with the county district attorney. + }
{ - (6) - } { + (7) + } { - The - } { + A + } district
medical examiner { + appointed under ORS 146.065 + } shall
regularly conduct administrative training programs for
{ - the - } assistant district medical examiners, deputy
medical examiners and law enforcement agencies.
SECTION 11. ORS 146.100 is amended to read:
146.100. { - (1) - } { + (1)(a) For a region over which the
State Medical Examiner has assumed responsibility under ORS
146.045, death investigations shall be under the direction of a
medical examiner appointed by the State Medical Examiner.
(b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } death investigations shall be under the direction of
the district medical examiner { + appointed under ORS 146.065
who serves the county where death occurs + } and the district
attorney for the county where the death occurs.
(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 deceased is moved by conveyance to another
county and is dead on arrival, the death shall be deemed to have
occurred in the county from which the body was originally
removed.
(3) The { - district medical examiner or a designated
assistant medical examiner for the county where death occurs - }
{ + medical examiner under whose direction a death investigation
occurs as described in subsection (1) of this section + } shall
{ - be - } immediately { + be + } notified of:
(a) All deaths requiring investigation; and
(b) All deaths of persons admitted to a hospital or institution
for less than 24 hours, although the medical examiner need not
investigate nor certify such deaths.
(4) { - No - } { + A + } person having knowledge of a death
requiring investigation { - shall - } { + may not + }
intentionally or knowingly fail to
{ - make notification thereof - } { + provide notice of the
death + } as required by subsection (3) of this section.
(5) { - The district medical examiner or deputy - }
{ + The + } medical examiner shall immediately notify the
district attorney for the county where death occurs of all deaths
requiring investigation except for those specified by ORS 146.090
(1)(d) to (g).
(6) All peace officers, health care providers as defined in ORS
192.556, supervisors of penal institutions and supervisors of
hospitals or institutions caring for the ill or helpless shall
cooperate with the medical examiner by providing a decedent's
medical records and tissue samples and any other material
necessary to conduct the death investigation of the decedent and
shall make notification of deaths as required by subsection (3)
of this section. A person who cooperates with the medical
examiner in accordance with this subsection does not:
(a) Waive any claim of privilege applicable to, or the
confidentiality of, the materials and records provided.
(b) Waive any claim that the materials and records are subject
to an exemption from disclosure under ORS 192.410 to 192.505.
(7) Records or materials described in subsection (6) of this
section may be released by the medical examiner only pursuant to
a valid court order.
SECTION 12. ORS 146.109 is amended to read:
146.109. (1) Upon identifying the { - body, the - }
{ + deceased, a + } 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 deputy medical examiner shall designate the funeral home. In
designating the funeral home, the medical examiner or deputy
medical examiner shall be fair and equitable { - among the
funeral homes listed in the office of the district medical
examiner - } .
SECTION 13. ORS 146.113 is amended to read:
146.113. (1) A medical examiner or district attorney may, in
{ - any - } { + a + } death requiring investigation, order
{ - samples of - } blood or urine { + samples to be + } 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 State Medical Examiner, the presence of
controlled substances.
(3) Laboratory reports of the analysis shall be made a part of
the State Medical Examiner's { - and district medical
examiner's - } files.
{ + (4) If the death occurs in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, laboratory reports of the analysis shall be made a part
of the files of the district medical examiner who is responsible
for the investigation as described in ORS 146.100 (1)(b). + }
SECTION 14. ORS 146.117 is amended to read:
146.117. (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. - }
{ + (2) A pathologist designated by the State Medical
Examiner must perform an autopsy ordered under this section. + }
SECTION 15. ORS 146.121 is amended to read:
146.121. (1) { - No person shall - } { + A person may
not + } bury or otherwise dispose of the body of a person whose
death required investigation { - , - } without having first
obtained { + :
(a) + } A burial or cremation permit { - , - } { + ; + } or
{ + (b) + } A death certificate 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 or plainly and decently buried.
(4) { + For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the sheriff or medical examiner shall file a copy of
the death certificate, the order for disposition and a verified
statement of the expenses of the cremation or burial with the
board of county commissioners. The board of county commissioners
shall pay such expenses, or any proportion { - thereof - }
{ + of the expenses + } as may be available, from county funds
annually budgeted for { - this purpose - } { + the purposes of
this subsection + }.
SECTION 16. ORS 146.125 is amended to read:
146.125. (1) { - The - } { + A + } medical examiner, deputy
medical examiner, district attorney or sheriff may temporarily
retain possession of any property found on the body or in the
possession of the deceased which in the opinion of the medical
examiner, deputy medical examiner, 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, deputy medical examiner, 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, deputy medical examiner, district
attorney or sheriff shall:
(a) Make a verified inventory of { - such - } { + the + }
money or property.
(b) File the inventory in { + :
(A) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, the State Medical
Examiner's office; or
(B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the district medical examiner's office.
(c) Deposit the money with { + :
(A) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, the State Treasurer to
the credit of the State Police Account; or
(B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the county treasurer to the credit of the county
general fund.
(3) If personal property is not retained by the medical
examiner, deputy medical examiner, 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) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the inventory shall be filed with the board of county
commissioners. + }
{ - (a) - } { + (b) + } If the property has value, the
{ + State Medical Examiner or the + } board may order it sold
and { + , + } after deducting the cost of { - sale - }
{ + selling the property + }, shall deposit the proceeds of the
sale with { + :
(A) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, the State Treasurer to
the credit of the State Police Account; or
(B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the county treasurer to the credit of the county
general fund.
(b) If the property has no value in the judgment of the
{ + State Medical Examiner or the + } board, the { + State
Medical Examiner may destroy the property or the + } board may
order the sheriff to destroy
{ - such - } { + the + } property.
(4) Any expenses incurred by the { + State Medical Examiner or
a + } county in transporting or disposing of { - the - }
{ + a + } body may be deducted from the money or proceeds of the
sale of personal property before { - it - } { + the body + }
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 - } { + State Medical Examiner
or the county that + } has control or custody of the property
shall notify an estate administrator of the Department of State
Lands appointed under ORS 113.235 within 15 days after the death.
(6) If a legally qualified personal representative, spouse, or
next of kin:
(a) Claims the money of the deceased, the { + State Treasurer
or county + } treasurer shall, subject to the provisions of
subsection (4) of this section, deliver { - such - }
{ + the + } money to the claimant.
(b) Within 30 days, claims the personal property of the
deceased, the property shall be delivered to { - such - }
{ + the + } claimant subject to the provisions of subsections
(1) and (5) of this section.
(7) If money of the deceased is not claimed within seven years
and is presumed abandoned as provided by ORS 98.302 to 98.436 and
98.992, the { + State Medical Examiner or the + } board of
county commissioners shall order the money paid as required by
law.
SECTION 17. ORS 146.135 is amended to read:
146.135. (1) The district attorney for the county where
{ - the - } { + a + } death occurs may order an inquest to
obtain a jury finding of the cause and manner of death in any
case requiring investigation.
(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 district attorney shall cause a record of the inquest
proceedings to be made { - which - } { + . The record + }
shall include the written order of inquest, a record of the
testimony of witnesses and the written verdict of the jury.
(5) Within a reasonable time after the verdict is returned, the
record of inquest shall be filed in { + :
(a) For a region over which the State Medical Examiner has
assumed responsibility under ORS 146.045, the State Medical
Examiner's office; or
(b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, + } the district medical examiner's office for the
county where the inquest was held.
(6) { - A copy of the order of inquest and verdict of the
jury - } { + A copy of the record filed in a district medical
examiner's office under subsection (5)(b) of this section
+ }shall be filed in the State Medical Examiner's office.
(7) The record of inquest shall be available for inspection as
provided by ORS 146.035 (5).
SECTION 18. { + (1) The amendments to ORS 146.003, 146.025,
146.035, 146.045, 146.055, 146.065, 146.075, 146.080, 146.085,
146.095, 146.100, 146.109, 146.113, 146.117, 146.121, 146.125 and
146.135 by sections 1 to 17 of this 2013 Act become operative on
January 1, 2014.
(2) The State Medical Examiner and the Department of State
Police may take any action before the operative date specified in
subsection (1) of this section that is necessary to enable the
State Medical Examiner and the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
State Medical Examiner by the amendments to ORS 146.003, 146.025,
146.035, 146.045, 146.055, 146.065, 146.075, 146.080, 146.085,
146.095, 146.100, 146.109, 146.113, 146.117, 146.121, 146.125 and
146.135 by sections 1 to 17 of this 2013 Act. + }
{ +
PROVISIONS THAT BECOME OPERATIVE JULY 1, 2017 + }
SECTION 19. ORS 146.045, as amended by section 1 of this 2013
Act, is amended to read:
146.045. { - (1)(a) - } { + (1) + } After consultation with
the State Medical Examiner Advisory Board, the State Medical
Examiner shall:
{ - (A) - } { + (a) + } Establish regions in this state for
the administration of ORS 146.003 to 146.189;
{ - (B) Determine, for each region established under this
subsection, whether the counties located in the region shall
continue their duties related to the administration of ORS
146.003 to 146.189 or whether the State Medical Examiner is
wholly responsible for the administration of ORS 146.003 to
146.189 in the region; - }
{ - (C) - } { + (b) + } Appoint a Deputy State Medical
Examiner for each region { - over which the State Medical
Examiner assumes responsibility - } ; and
{ - (D) - } { + (c) + } Appoint other Deputy State Medical
Examiners as the State Medical Examiner determines is necessary
for the administration of ORS 146.003 to 146.189.
{ - (b) The borders of regions established under this
subsection shall be drawn in accordance with the borders of
counties. - }
(2) The State Medical Examiner shall:
(a) Appoint and discharge medical examiners.
{ - (b) Appoint and discharge district medical examiners, as
provided by ORS 146.065 (2), for counties located in regions over
which the State Medical Examiner has not assumed
responsibility. - }
{ - (c) - } { + (b) + } Designate pathologists authorized
to perform autopsies under ORS 146.117 (2).
{ - (d) - } { + (c) + } Approve laboratories authorized to
perform the analyses required under ORS 146.113 (2).
(3) The State Medical Examiner may:
(a) Assume control of a death investigation in cooperation with
a 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 death certificate on a death
requiring investigation.
(e) Order a body exhumed in a death requiring investigation.
(f) Designate a Deputy State Medical Examiner as Acting State
Medical Examiner.
(g) After a reasonable and thorough investigation, complete and
file a death certificate for a person whose body is not found.
{ - (4) Distribution of moneys from the State Medical
Examiner's budget for partial reimbursement of the autopsy
expenditures of a county that remains responsible for the
administration of ORS 146.003 to 146.189 shall be made subject to
approval of the State Medical Examiner. - }
{ - (5) - } { + (4) + } Within 45 days of receipt of
information that a person is missing at sea and presumed dead,
the State Medical Examiner shall determine whether the
information is credible and, if so, complete and file a death
certificate for the person presumed dead. If the information is
determined not to be credible, the State Medical Examiner may
continue the death investigation.
SECTION 20. ORS 146.003, as amended by section 2 of this 2013
Act, is amended to read:
146.003. As used in ORS 146.003 to 146.189 and 146.710 to
146.992, unless the context requires otherwise:
(1) 'Approved laboratory' means a laboratory approved by the
State Medical Examiner as competent to perform the blood sample
analysis required by ORS 146.113 (2).
{ - (2) 'Assistant district medical examiner' means a
physician appointed by a district medical examiner under ORS
146.080 to investigate and certify deaths within a county or
district. - }
{ - (3) - } { + (2) + } 'Cause of death' means the primary
or basic disease process or injury ending life.
{ - (4) - } { + (3) + } 'Death requiring investigation'
means the death of a person occurring in any one of the
circumstances set forth in ORS 146.090.
{ - (5) - } { + (4) + } 'Deputy medical examiner' means a
person appointed by { - a district medical examiner - }
{ + the State Medical Examiner + } under ORS 146.085 to assist
in the investigation of deaths { - within a county - } .
{ - (6) 'District medical examiner' means a physician
appointed by the State Medical Examiner under ORS 146.065 to
investigate and certify deaths within a county or district. - }
{ - (7) - } { + (5) + } 'Law enforcement agency' means a
county sheriff's office, municipal police department, police
department established by a university under ORS 352.383 and the
Oregon State Police.
{ - (8) - } { + (6) + } 'Legal intervention' includes an
execution pursuant to ORS 137.463, 137.467 and 137.473 and other
legal use of force resulting in death.
{ - (9) - } { + (7) + } 'Manner of death' means the
designation of the probable mode of production of the cause of
death, including natural, accidental, suicidal, homicidal, legal
intervention or undetermined.
{ - (10) - } { + (8) + } 'Medical examiner' means a
physician appointed as provided by ORS 146.003 to 146.189 to
investigate and certify the cause and manner of deaths requiring
investigation, including the State Medical Examiner.
{ - (11) - } { + (9) + } 'Pathologist' means a physician
holding a current license to practice medicine and surgery and
who is eligible for certification by the American Board of
Pathology.
{ - (12) - } { + (10) + } '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.
SECTION 21. ORS 146.025, as amended by section 3 of this 2013
Act, is amended to read:
146.025. 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
State Medical Examiner and Deputy State Medical Examiner.
{ - (2) Recommend to the county courts located in regions
over which the State Medical Examiner has not assumed
responsibility under ORS 146.045 the compensation of district
medical examiners and assistant district medical examiners. - }
{ - (3) Recommend to district medical examiners appointed
under ORS 146.065 and district attorneys serving in regions over
which the State Medical Examiner has not assumed responsibility
under ORS 146.045 the qualifications for deputy medical
examiners. - }
{ - (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) - } { + (2) + } Recommend a proposed budget for the
State Medical Examiner's office to the Department of State
Police.
{ - (6) - } { + (3) + } Annually review the State Medical
Examiner's report required by ORS 146.055 and report to the
Superintendent of State Police and to the State Board of Health
regarding the operation of the State Medical Examiner's office.
SECTION 22. ORS 146.035, as amended by section 4 of this 2013
Act, is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
state death investigation program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
{ - (b) Maintain an accurate list of all active district
medical examiners and assistant district medical examiners. - }
{ - (c) - } { + (b) + } Maintain an accurate list of all
designated pathologists.
{ - (d) - } { + (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 192.501 (35):
(a) A parent, spouse, sibling, child or personal representative
of the deceased, or a person who may be criminally or civilly
liable for the death, or their authorized representatives
respectively, may examine and obtain copies of a 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.
SECTION 23. ORS 146.055, as amended by section 5 of this 2013
Act, is amended to read:
146.055. { - (1) The State Medical Examiner shall assist and
advise district medical examiners appointed under ORS 146.065 in
the performance of their duties. - }
{ - (2) - } { + (1) + } The State Medical Examiner shall
perform an autopsy, if in the judgment of the State Medical
Examiner an autopsy is necessary in a death requiring
investigation, when a
{ - medical examiner or - } district attorney requests the
autopsy.
{ - (3) The State Medical Examiner shall regularly conduct
training programs for district medical examiners appointed under
ORS 146.065 and law enforcement agencies. - }
{ - (4) - } { + (2) + } The State Medical Examiner shall
submit an annual report to the State Medical Examiner Advisory
Board detailing the activities and accomplishments { - in the
preceding year of the State Medical Examiner's office and each
county office located in a region over which the State Medical
Examiner has not assumed responsibility - } { + of the State
Medical Examiner's office in the preceding year + } as well as a
cost analysis of the State Medical Examiner's office.
SECTION 24. ORS 146.065, as amended by section 6 of this 2013
Act, is amended to read:
146.065. { - (1) In each county located in a region over
which the State Medical Examiner has not assumed responsibility
under ORS 146.045 there shall be a district medical examiner for
the purpose of investigating and certifying the cause and manner
of deaths requiring investigation. - }
{ - (2) District medical examiners shall be appointed by the
State Medical Examiner with approval of the appropriate board or
boards of commissioners and may be discharged by the State
Medical Examiner without such approval. - }
{ - (3) If the position of district medical examiner is
vacant, the county health officer shall temporarily act as a
medical examiner in cooperation with the State Medical Examiner
until the vacancy is filled. - }
{ - (4) If the positions of district medical examiner and
county health officer are both vacant, the district attorney
shall temporarily act as a medical examiner in cooperation with
the State 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 establish a single district medical examiner's office for the
counties. - }
{ - (6) When a county or district has a population of 200,000
or more persons, the State Medical Examiner may, with the
approval of the State Medical Examiner Advisory Board, appoint a
Deputy State Medical Examiner as the district medical examiner
for that county or district. - }
{ - (7) The compensation of the Deputy State Medical Examiner
appointed as district medical examiner under subsection (6) of
this section shall be paid by the state from funds available for
that purpose. - }
{ - (8) - } The services of a Deputy State Medical Examiner
may be contracted by the Department of State Police. Contracts
entered into under this { - subsection - } { + section + }
may be terminated by either party at any time by written notice
to the other party.
SECTION 25. ORS 146.085, as amended by section 9 of this 2013
Act, is amended to read:
146.085. { - (1) A district medical examiner appointed under
ORS 146.065 shall appoint, subject to the approval of the
district attorney serving in the county in which the appointee
will have the authority to serve and applicable civil service
regulations, qualified deputy medical examiners. Appointees under
this subsection must include 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 deputy medical examiners. - }
{ - (2) - } { + (1) + } { - For a region over which the
State Medical Examiner has assumed responsibility under ORS
146.045, - } The State Medical Examiner may appoint sheriffs,
deputy sheriffs, members of the Oregon State Police and other
peace officers as deputy medical examiners.
{ - (3) - } { + (2) + } The State Medical Examiner { - or
district medical examiner and the county district attorney - }
shall establish qualifications for deputy medical examiners.
{ - (4) - } { + (3) + } Each deputy medical examiner shall
be individually appointed and the name of the deputy medical
examiner shall be on file in { - : - } { + the State Medical
Examiner's office. + }
{ - (a) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Medical
Examiner's office; and - }
{ - (b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the district medical examiner's office. - }
{ - (5) - } { + (4) + } A deputy medical examiner shall
investigate deaths subject to the control and direction of the
State Medical Examiner { - , the district medical examiner - }
or the county district attorney.
{ - (6) - } { + (5) + } A deputy medical examiner may
authorize the removal of the body of a deceased person from the
apparent place of death.
{ - (7) - } { + (6) + } The deputy medical examiner may not
authorize embalming, order a post-mortem examination or autopsy,
or certify the cause and manner of death.
SECTION 26. ORS 146.095, as amended by section 10 of this 2013
Act, is amended to read:
146.095. { - (1)(a) For a region over which the State Medical
Examiner has assumed responsibility under ORS 146.045, a medical
examiner appointed by the State Medical Examiner shall be
responsible for all deaths requiring an investigation. - }
{ - (b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the district medical examiner appointed under ORS
146.065 who serves the county where death occurs, as provided by
ORS 146.100 (2), 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. - }
{ + (1) A medical examiner appointed by the State Medical
Examiner shall be responsible for all deaths requiring an
investigation. + }
(2) The medical examiner shall certify the manner and the cause
of all deaths which the medical examiner is required to
investigate. The certificate of death shall be filed as required
by ORS 432.307.
(3) The medical examiner shall make a report of death
investigation to the State Medical Examiner as soon as possible
after being notified of a death requiring investigation.
(4) Within five days after notification of a death requiring
investigation, the medical examiner shall make a written report
of the investigation and file it in the district medical
examiner's office.
{ - (5) A district medical examiner appointed under ORS
146.065 shall supervise assistant district medical examiners who
are assisting in the investigation in cooperation with the county
district attorney. - }
{ - (6) - } { + (5) + } A medical examiner shall supervise
deputy medical examiners who are assisting in the investigation
in cooperation with the county district attorney.
{ - (7) A district medical examiner appointed under ORS
146.065 shall regularly conduct administrative training programs
for assistant district medical examiners, deputy medical
examiners and law enforcement agencies. - }
SECTION 27. ORS 146.100, as amended by section 11 of this 2013
Act, is amended to read:
146.100. { - (1)(a) For a region over which the State Medical
Examiner has assumed responsibility under ORS 146.045, death
investigations shall be under the direction of a medical examiner
appointed by the State Medical Examiner. - }
{ - (b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, death investigations shall be under the direction of the
district medical examiner appointed under ORS 146.065 who serves
the county where death occurs and the district attorney for the
county where the death occurs. - }
{ - (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 deceased is moved by conveyance to another
county and is dead on arrival, the death shall be deemed to have
occurred in the county from which the body was originally
removed. - }
{ + (1) Death investigations shall be under the direction of
a medical examiner appointed by the State Medical Examiner. + }
{ - (3) - } { + (2) + } The medical examiner { - under
whose direction a death investigation occurs as described in
subsection (1) of this section - } shall immediately be notified
of:
(a) All deaths requiring investigation; and
(b) All deaths of persons admitted to a hospital or institution
for less than 24 hours, although the medical examiner need not
investigate nor certify such deaths.
{ - (4) - } { + (3) + } A person having knowledge of a
death requiring investigation may not intentionally or knowingly
fail to provide notice of the death as required by subsection
{ - (3) - } { + (2) + } of this section.
{ - (5) - } { + (4) + } The medical examiner shall
immediately notify the district attorney for the county where
death occurs of all deaths requiring investigation except for
those specified by ORS 146.090 (1)(d) to (g).
{ - (6) - } { + (5) + } All peace officers, health care
providers as defined in ORS 192.556, supervisors of penal
institutions and supervisors of hospitals or institutions caring
for the ill or helpless shall cooperate with the medical examiner
by providing a decedent's medical records and tissue samples and
any other material necessary to conduct the death investigation
of the decedent and shall make notification of deaths as required
by subsection { - (3) - } { + (2) + } of this section. A
person who cooperates with the medical examiner in accordance
with this subsection does not:
(a) Waive any claim of privilege applicable to, or the
confidentiality of, the materials and records provided.
(b) Waive any claim that the materials and records are subject
to an exemption from disclosure under ORS 192.410 to 192.505.
{ - (7) - } { + (6) + } Records or materials described in
subsection { - (6) - } { + (5) + } of this section may be
released by the medical examiner only pursuant to a valid court
order.
SECTION 28. ORS 146.113, as amended by section 13 of this 2013
Act, is amended to read:
146.113. (1) A medical examiner or district attorney may, in a
death requiring investigation, order blood or urine samples to be
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 State Medical Examiner, the presence of
controlled substances.
(3) Laboratory reports of the analysis shall be made a part of
the State Medical Examiner's files.
{ - (4) If the death occurs in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, laboratory reports of the analysis shall be made a part
of the files of the district medical examiner who is responsible
for the investigation as described in ORS 146.100 (1)(b). - }
SECTION 29. ORS 146.121, as amended by section 15 of this 2013
Act, is amended to read:
146.121. (1) A person may not bury or otherwise dispose of the
body of a person whose death required investigation without
having first obtained:
(a) A burial or cremation permit; or
(b) A death certificate 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
cremated or plainly and decently buried.
{ - (4) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the sheriff or medical examiner shall file a copy of the
death certificate, the order for disposition and a verified
statement of the expenses of the cremation or burial with the
board of county commissioners. The board of county commissioners
shall pay such expenses, or any proportion of the expenses as may
be available, from county funds annually budgeted for the
purposes of this subsection. - }
SECTION 30. ORS 146.125, as amended by section 16 of this 2013
Act, is amended to read:
146.125. (1) A medical examiner, deputy medical examiner,
district attorney or sheriff may temporarily retain possession of
any property found on the body or in the possession of the
deceased which in the opinion of the medical examiner, deputy
medical examiner, 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, deputy medical examiner, 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, deputy medical examiner, district
attorney or sheriff shall:
(a) Make a verified inventory of the money or property.
(b) File the inventory in { - : - } { + the State Medical
Examiner's office. + }
{ - (A) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Medical
Examiner's office; or - }
{ - (B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the district medical examiner's office. - }
(c) Deposit the money with { - : - } { + the State Treasurer
to the credit of the State Police Account. + }
{ - (A) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Treasurer
to the credit of the State Police Account; or - }
{ - (B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the county treasurer to the credit of the county general
fund. - }
(3) If personal property is not retained by the medical
examiner, deputy medical examiner, district attorney or sheriff,
and is not claimed within 30 days, the inventory shall be
disposed of as follows:
{ - (a) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the inventory shall be filed with the board of county
commissioners. - }
{ - (b) - } { + (a) + } If the property has value, the
State Medical Examiner { - or the board - } may order it sold
and, after deducting the cost of selling the property, shall
deposit the proceeds of the sale with { - : - } { + the State
Treasurer to the credit of the State Police Account. + }
{ - (A) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Treasurer
to the credit of the State Police Account; or - }
{ - (B) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the county treasurer to the credit of the county general
fund. - }
(b) If the property has no value in the judgment of the State
Medical Examiner { - or the board - } , the State Medical
Examiner may destroy the property { - or the board may order
the sheriff to destroy the property - } .
(4) Any expenses incurred by the State Medical Examiner
{ - or a county - } in transporting or disposing of a body may
be deducted from the money or proceeds of the sale of personal
property before the body is delivered to a claimant.
(5) If the person whose death required investigation died
wholly intestate and without heirs, the State Medical Examiner
{ - or the county that has control or custody of the
property - } shall notify an estate administrator of the
Department of State Lands appointed under ORS 113.235 within 15
days after the death.
(6) If a legally qualified personal representative, spouse, or
next of kin:
(a) Claims the money of the deceased, the State Treasurer
{ - or county treasurer - } shall, subject to the provisions of
subsection (4) of this section, deliver the money to the
claimant.
(b) Within 30 days, claims the personal property of the
deceased, the property shall be delivered to the claimant subject
to the provisions of subsections (1) and (5) of this section.
(7) If money of the deceased is not claimed within seven years
and is presumed abandoned as provided by ORS 98.302 to 98.436 and
98.992, the State Medical Examiner { - or the board of county
commissioners - } shall order the money paid as required by law.
SECTION 31. ORS 146.135, as amended by section 17 of this 2013
Act, is amended to read:
146.135. (1) The district attorney for the county where a death
occurs may order an inquest to obtain a jury finding of the cause
and manner of death in any case requiring investigation.
(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 district attorney shall cause a record of the inquest
proceedings to be made. The record shall include the written
order of inquest, a record of the testimony of witnesses and the
written verdict of the jury.
(5) Within a reasonable time after the verdict is returned, the
record of inquest shall be filed in { - : - } { + the State
Medical Examiner's office. + }
{ - (a) For a region over which the State Medical Examiner
has assumed responsibility under ORS 146.045, the State Medical
Examiner's office; or - }
{ - (b) For counties located in a region over which the State
Medical Examiner has not assumed responsibility under ORS
146.045, the district medical examiner's office for the county
where the inquest was held. - }
{ - (6) A copy of the record filed in a district medical
examiner's office under subsection (5)(b) of this section shall
be filed in the State Medical Examiner's office. - }
{ - (7) - } { + (6) + } The record of inquest shall be
available for inspection as provided by ORS 146.035 (5).
SECTION 32. ORS 146.992 is amended to read:
146.992. (1) A person who violates ORS 146.103 (1) commits a
Class A misdemeanor.
(2) A person who violates ORS 146.103 (2) or (4), 146.107 (5),
or 146.121 (1) commits a Class B misdemeanor.
(3) A person who violates ORS 146.100 { - (4) - }
{ + (3) + } commits a Class C misdemeanor.
SECTION 33. ORS 433.449 is amended to read:
433.449. (1) As used in this section:
(a) 'Contaminated material' means wastes or other materials
exposed to or tainted by chemical, radiological, or biological
substances or agents.
(b) 'Transmissible agent' means a biological substance capable
of causing disease or infection through individual to individual
transmission, animal to individual transmission, or other modes
of transmission.
(2) Notwithstanding any provision in ORS chapter 97 or 692,
during a state of public health emergency, the Public Health
Director may:
(a) Prescribe measures to provide for the safe disposal of
human remains as may be reasonable and necessary to respond to
the public health emergency. Measures adopted under this
subsection may include the embalming, burial, cremation,
interment, disinterment, transportation and disposal of human
remains.
(b) Require any person in charge of disposing of human remains
to clearly label the human remains of a deceased person with a
communicable disease or transmissible agent with an external,
clearly visible tag indicating that the human remains are
infected or contaminated and, if known, the communicable disease
or transmissible agent or contaminated materials present in the
remains.
(c) After a medical examiner has certified the cause and manner
of death, order a person in charge of disposing of human remains
to dispose of the human remains of a person who has died of a
communicable disease or transmissible agent through burial or
cremation within a specified time period. To the extent
practicable, religious, cultural, family and individual beliefs
of the deceased person or the person's family shall be considered
when disposing of any human remains.
(3) The Public Health Director must consult and coordinate with
the State Medical Examiner when exercising authority under this
section. Nothing in this section is intended to override
authority granted to the State Medical Examiner { - or district
medical examiner - } under ORS 146.003 to 146.189 and 146.710 to
146.992.
SECTION 34. { + ORS 146.075, 146.080 and 146.088 are
repealed. + }
SECTION 35. { + (1) The amendments to ORS 146.003, 146.025,
146.035, 146.045, 146.055, 146.065, 146.085, 146.095, 146.100,
146.109, 146.113, 146.121, 146.125, 146.135, 146.992 and 443.449
by sections 19 to 33 of this 2013 Act and the repeal of ORS
146.075, 146.080 and 146.088 by section 34 of this 2013 Act
become operative on July 1, 2017.
(2) The State Medical Examiner and Department of State Police
may take any action before the operative date specified in
subsection (1) of this section that is necessary to enable the
State Medical Examiner and department to exercise, on and after
the operative date specified in subsection (1) of this section,
all the duties, functions and powers conferred on the State
Medical Examiner by the amendments to ORS 146.003, 146.025,
146.035, 146.045, 146.055, 146.065, 146.085, 146.095, 146.100,
146.109, 146.113, 146.121, 146.125, 146.135, 146.992 and 443.449
by sections 19 to 33 of this 2013 Act and the repeal of ORS
146.075, 146.080 and 146.088 by section 34 of this 2013 Act. + }
{ +
TRANSITIONAL PROVISIONS + }
SECTION 36. { + (1) The tenure of a district medical examiner
appointed under ORS 146.065 ceases on the date on which the State
Medical Examiner assumes responsibility for the administration of
ORS 146.003 to 146.189 for a region in which the county in which
the district medical examiner serves is located. If the district
medical examiner serves two or more counties, as authorized by
the State Medical Examiner Advisory Board under ORS 146.065 (5),
the district medical examiner shall continue to serve as the
district medical examiner for any county that is not located in
the region over which the State Medical Examiner has assumed
responsibility.
(2) The tenure of an assistant district medical examiner or a
deputy medical examiner ceases on the date on which the tenure of
the district medical examiner who appointed the assistant
district medical examiner or the deputy medical examiner ceases.
The State Medical Examiner may reappoint a deputy medical
examiner whose tenure ceases under this subsection.
(3) When the tenure of a district medical examiner ceases as
provided under subsection (1) of this section, the State Medical
Examiner's office shall assume all contracts entered into by the
district medical examiner's office that relate to the
administration of ORS 146.003 to 146.189. The State Medical
Examiner is not obligated to renew any contracts that the State
Medical Examiner's office assumes under this subsection. + }
{ +
UNIT CAPTIONS + }
SECTION 37. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 38. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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