Oregon Revised Statutes Chapter 146 § 146.100 — Where
Oregon Revised Statutes Chapter 146 ·
Oregon Code § 146.100·Enacted ·Last updated March 01, 2026
Statute Text
Where
death considered to have occurred; notification of death required.
(1) Death investigations shall be
under the direction of the district medical examiner and the district attorney
for the county where the death occurs.
(2) For purposes
of ORS 146.003 to 146.189, if the county where death occurs is unknown, the
death shall be deemed to have occurred in the county where the body is found,
except that if in an emergency the body is moved by conveyance to another
county and is dead on arrival, the death shall be deemed to have occurred in
the county from which the body was originally removed.
(3) The district
medical examiner or an assistant district medical examiner for the county where
death occurs shall be immediately 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 person
having knowledge of a death requiring investigation shall intentionally or
knowingly fail to make notification thereof as required by subsection (3) of
this section.
(5) The district
medical examiner or medical-legal death investigator 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, supervisors of youth correction facilities, juvenile community
supervision officers as defined in ORS 420.905, and supervisors of hospitals or
institutions caring for the ill or helpless shall cooperate with the medical
examiner or medical-legal death investigator by providing a decedents 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 or medical-legal death investigator 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 192.311 to 192.478.
(c) Violate the
restrictions on disclosing or providing copies of reports and other materials
in ORS 419A.257.
(7) Records or
materials described in subsection (6) of this section may be released by the
medical examiner or medical-legal death investigator only pursuant to a valid
court order.
(8)(a) If a death
is suspected to be suicide and the decedent was 24 years of age or younger, the
district medical examiner or medical-legal death investigator shall notify the
local mental health authority in the county where the death occurred and, if the
decedent was a member of a federally recognized Indian tribe in Oregon, shall
also notify the tribes mental health authority.
(b) For the
purposes of this subsection, the manner of death is suspected to be suicide if
the district medical examiner, the assistant district medical examiner, a
pathologist authorized under ORS 146.045 (2)(b) or a designee of the district
medical examiner, including a medical-legal death investigator, confirms orally
or in writing that the district medical examiner, assistant district medical
examiner, pathologist or designee of the district medical examiner reasonably
believes that the manner of death was suicide.
(c) The
notification under this subsection must include the decedents name, date of
birth, date of death, suspected manner of death and cause of death.
(d) The
notification under this subsection may include any other information that the
district medical examiner or medical-legal death investigator determines is
necessary to preserve the public health and that is not otherwise protected
from public disclosure by state or federal law, including information regarding
the decedents school attended and extracurricular activities.
(e) The district
medical examiner or medical-legal death investigator must provide the
notification under this subsection no later than:
(A) 48 hours
after receiving notification of the death if the county where the death
occurred has a population of 400,000 or more; or
(B) 72 hours
after receiving notification of the death if the county where the death
occurred has a population of fewer than 400,000.
(9)(a) If a death
is suspected to be the result of an opioid overdose or other overdose and the
decedent was 24 years of age or younger, the district medical examiner or
medical-legal death investigator shall notify the local mental health authority
in the county where the death occurred and, if the decedent was a member of a
federally recognized Indian tribe in Oregon, shall also notify the tribes
mental health authority.
(b) For pu
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 146.100
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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