ORS 146.035
Chief Medical Examiner

  • personnel
  • records
  • right to examine records

(1)

There is established within the Department of State Police the Office of the Chief Medical Examiner for the purpose of directing and supporting the state death investigation program.

(2)

The Chief Medical Examiner shall manage all aspects of the Office of the Chief Medical Examiner’s program.

(3)

Subject to the State Personnel Relations Law, the Chief Medical Examiner may employ or discharge other personnel of the Office of the Chief Medical Examiner.

(4)

The Office of the Chief Medical Examiner shall:

(a)

File and maintain appropriate reports on all deaths requiring investigation.

(b)

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

(c)

Transmit monthly to the Department of Transportation a report for the preceding calendar month of all information obtained under ORS 146.113 (Authority to order removal of body fluids).

(5)

Notwithstanding ORS 192.345 (Public records conditionally exempt from disclosure) (36):

(a)

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

(b)

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

Source: Section 146.035 — Chief Medical Examiner; personnel; records; right to examine records, https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html.

See also annotations under ORS 146.040 in permanent edition.

Notes of Decisions

Provision that allows parent, spouse, child and other specified persons to examine and obtain copies of reports ordered by medical examiner does not imply, by negative inference, that those reports are exempt from disclosure for all other persons. Colby v. Gunson, 224 Or App 666, 199 P3d 350 (2008)

146.003
Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992
146.015
State Medical Examiner Advisory Board
146.025
Functions of board
146.035
Chief Medical Examiner
146.045
Duties of Chief Medical Examiner
146.055
Advice
146.065
Local medical examiners
146.075
District office duties
146.080
Assistant district medical examiner
146.085
Medical-legal death investigators
146.088
Officer or employee of public body
146.090
Deaths requiring investigation
146.095
Investigation
146.100
Where death considered to have occurred
146.103
Removal of body, effects or weapons prohibited without consent
146.107
Authority to enter and secure certain premises
146.109
Notification of next of kin
146.113
Authority to order removal of body fluids
146.117
Autopsies
146.121
Disposition of body
146.125
Disposition of personal property
146.135
Authority to order inquest
146.145
Jury of inquest
146.155
Inquest proceedings
146.165
Verdict
146.171
Unidentified human remains
146.174
Medical examiner to provide information about unidentified human remains
146.177
Procedures for investigating missing persons
146.181
Missing persons
146.184
Medical practitioners to provide information about missing persons
146.187
DNA sample
146.189
Use of records to identify human remains and missing persons
146.710
Definition for ORS 146.710 to 146.780
146.730
Investigation
146.740
Reports of medical examiner
146.750
Injuries to be reported to law enforcement agency
146.760
Immunity of participant in making of report
146.780
Confidentiality of records and reports
146.992
Penalties
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