ORS 432.133
Mandatory submission and registration of reports of death

  • persons required to report

Mentioned in

County Seeking New Medical Examiner

Lincoln County, Oregon, November 22, 2023

“The Medical Examiner manages investigations of deaths for the purposes of determining cause and manner of death and producing death certificates in accordance with ORS 146…”
 
Bibliographic info

(1)

Intentionally left blank —Ed.

(a)

A report of death for each death that occurs in this state must be submitted to the county registrar of the county in which the death occurred or to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after death or the finding of a dead body and before final disposition, and must be registered if it has been completed and submitted in accordance with this section.

(b)

If the place of death is unknown, but the dead body is found in this state, the report of death must be completed and submitted in accordance with this section. The place where the body is found must be noted as the place of death except, if in an emergency the decedent is moved by conveyance to another county and is dead on arrival, the death shall be considered to have occurred in the county from where the body was originally moved.

(c)

When death occurs in a moving conveyance within or outside the United States and the body is first removed from the conveyance in this state, the death must be registered in this state and the place where the body is first removed shall be deemed the place of death. The report of death may note the actual location of death insofar as it can be determined.

(d)

In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(e)

If the date of death is unknown, the medical certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date that the body was found shall be entered on the report of death.

(2)

Intentionally left blank —Ed.

(a)

The funeral service practitioner or person acting as a funeral service practitioner who first assumes custody of the dead body shall submit the report of death to the county registrar of the county in which the death occurred or to the Center for Health Statistics. In cases where there is no funeral service practitioner or person acting as a funeral service practitioner, the medical examiner shall submit the report of death.

(b)

The funeral service practitioner or person acting as the funeral service practitioner shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible for the medical certification.

(c)

The funeral service practitioner or person acting as the funeral service practitioner shall provide sufficient information to identify the decedent to the medical certifier within 48 hours after death unless the medical certification has already been submitted.

(3)

A medical certification shall be completed within 48 hours after having access to the report of death by the decedent’s primary or attending medical certifier who was in charge of the care of the patient for the illness or condition that resulted in death, except when inquiry is required under ORS chapter 146. In the absence or inability of the medical certifier, or with the medical certifier’s approval, the report of death may be completed by an associate of the medical certifier, the chief medical officer of the institution where death occurred or the physician who performed an autopsy upon the decedent, provided that the associate, chief medical officer or physician has access to the medical history of the case and death is due to natural causes. The person completing the cause of death shall attest to its accuracy either by signature or by electronic signature.

(4)

When inquiry is required under ORS chapter 146, the medical examiner in the jurisdiction where death occurred or the body was found shall determine the cause and manner of death and shall complete and sign the medical certification within 48 hours after taking charge of the case. If the cause or manner of death is unknown or pending investigation, the cause or manner of death shall be noted as such on the report of death.

(5)

When the death occurs in a hospital where more than 10 deaths occurred during the previous calendar year, the person in charge of the hospital shall require the medical certification to be reported through the state electronic reporting system and the report of death to include the electronic signature of the medical certifier.

(6)

Intentionally left blank —Ed.

(a)

When a death occurs in a hospital described in subsection (5) of this section and the death is not under the jurisdiction of a medical examiner, the person in charge of the hospital or the designated representative of the person in charge of the hospital shall enter the following information on the report of death within 48 hours of death:

(A)

If the report of death does not exist in the state electronic reporting system, the name of the decedent, the date of the decedent’s birth, the date of the decedent’s death and the county in which the decedent died; and

(B)

The medical certification of death, accompanied by the signature or electronic signature of the person completing the cause of death as described in subsection (3) of this section.

(b)

The partially completed report of death prepared under this subsection shall be made available to the funeral service practitioner or person acting as a funeral service practitioner within 48 hours of death.

(7)

Upon receipt of autopsy results or other information that would change the information related to the cause or manner of death, a medical certifier or medical examiner shall submit an amendment to the record of death within five calendar days to the Center for Health Statistics.

(8)

When a death that is not the subject of a presumptive death proceeding in a court in this state or another state is presumed to have occurred in this state as the result of a known event in this state, but no remains of the presumed deceased can be located, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from a court of competent jurisdiction that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged “Presumptive” and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order.

(9)

When a death of a missing person domiciled in this state, and that is not the subject of a presumptive death proceeding in a court of this state or another state, has been determined by a court of competent jurisdiction to have presumptively occurred in another state, a report of death may be prepared by the Chief Medical Examiner upon receiving an order from the court that contains findings of fact necessary to complete the report of death. A report of death prepared under this subsection shall be marked or flagged “Presumptive” and must show on its face the date of death as determined by the court, the date of registration, the identity of the court and the date of the order.

(10)

When a death occurring in this state has not been registered as prescribed by this section, a report of death may be submitted to the state registrar as described in this section provided that the medical certifier or medical examiner and the funeral service practitioner or person acting as a funeral service practitioner are available to complete the report of death. If the report of death is submitted more than one year after the date of death or the date on which the body was found, the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner shall state in accompanying notarized statements that the information submitted is based on records kept in the files of the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner. If the medical certifier or medical examiner and funeral service practitioner or person acting as a funeral service practitioner are unavailable to complete the report of death, or decline to complete the report death, then the death shall not be registered except upon the receipt of an order from a court of competent jurisdiction.

(11)

A report of death required to be submitted under this section must contain the Social Security number of the decedent when the Social Security number is reasonably available from other records related to the decedent or can be obtained from the person in charge of the final disposition of the decedent.

(12)

For a decedent who was homeless at the time of death, including a decedent who was homeless but receiving care at a hospital or other institution, a report of death required to be submitted under this section must indicate that the decedent’s residence address was “Domicile Unknown.”

(13)

If a decedent’s death was caused by suicide, the person who submits the report of death to the county registrar or to the Center for Health Statistics, or as otherwise directed by the state registrar, shall make reasonable efforts to ascertain whether the decedent was a veteran and, if the decedent was a veteran, whether the decedent served in combat and, if so, where the decedent served. Information acquired under this subsection must be reported to the Center for Health Statistics through the state electronic reporting system. [Formerly 432.307; 2017 c.151 §25; 2021 c.417 §1]

Source: Section 432.133 — Mandatory submission and registration of reports of death; persons required to report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html.

432.005
Definitions
432.010
Center for Health Statistics
432.015
Rules
432.020
State registrar
432.025
Assistant state registrars
432.030
Duties of state registrar
432.033
Duties of state registrar related to confidentiality and security
432.035
County registrars
432.075
Duty to report information to state registrar
432.083
Requirements for institutions, health care practitioners and persons who transport dead bodies
432.088
Mandatory submission and registration of reports of live birth
432.093
Availability of voluntary acknowledgment of paternity form
432.098
Voluntary acknowledgment of paternity form
432.103
Full faith and credit
432.108
Report of live birth for child of unknown parentage
432.113
Delayed reports of live birth
432.118
Procedure for contesting refusal to register report of live birth or delayed report of live birth
432.133
Mandatory submission and registration of reports of death
432.138
Court orders for records of death
432.141
Annual reporting of opiate and opioid overdoses
432.143
Mandatory submission and registration of reports of fetal death
432.148
Commemorative Certificate of Stillbirth
432.153
Status of reports under ORS 435.496
432.158
Disposition of remains
432.163
Extensions for submitting reports of death or fetal death
432.173
Mandatory submission and registration of reports of marriage and reports of domestic partnership
432.178
Delayed report of marriage
432.183
Mandatory submission and registration of reports of dissolution of marriage and reports of dissolution of domestic partnership
432.223
Reports of adoption
432.228
Issuance of certified copy of record of live birth to adopted persons
432.235
Requirements for amending or correcting vital record
432.245
Replacing records of live birth
432.250
Access to adoption records
432.295
Preservation program
432.350
Vital records exempt from public disclosure
432.355
Disclosure of death filed in conjunction with claims or interests in land
432.360
Records of dissolution of marriage and dissolution of domestic partnership subject to full disclosure
432.380
Issuance of certified copies of records
432.385
Registering, amending or correcting record through fraud
432.435
Fees
432.440
County registrar sale of certified copies of records of live birth and death
432.445
Issuance of additional record of live birth
432.450
Grant program for issuance of certified copy of record of live birth to individual who is homeless
432.455
Birth Certificates for Homeless Persons Fund
432.500
Definitions
432.510
Cancer and tumor registry system
432.520
Reporting requirement
432.530
Confidentiality of information
432.540
Use of confidential data
432.550
Action for damages
432.570
No requirement or prohibition regarding operation of separate cancer and tumor registry
432.600
Establishment of committee
432.900
Civil penalty
432.993
Unlawful use of vital record or report
432.994
Unlawful use of vital record or report
432.995
Obstructing the keeping of vital records or reports
Green check means up to date. Up to date