Chapter 416 Oregon Laws 2003
AN ACT
SB 885
Relating to consent to conduct autopsy.
Be It Enacted by the People of the State of
Oregon:
SECTION
1. (1) Except as provided in
subsection (2) of this section, whenever a person dies and no autopsy is ordered
by a medical examiner or district attorney pursuant to ORS 146.117, an autopsy
may not be conducted without the prior written consent of a person within the
first applicable class of the following listed classes:
(a)
The spouse of the decedent;
(b)
A son or daughter of the decedent 18 years of age or older;
(c)
Either parent of the decedent;
(d)
A brother or sister of the decedent 18 years of age or older;
(e)
A guardian of the decedent at the time of death;
(f)
A person in the next degree of kindred to the decedent;
(g)
The personal representative of the estate of the decedent; or
(h)
The person nominated as the personal representative of the decedent in the
decedent’s last will.
(2)(a)
Consent required under subsection (1) of this section must be granted on a
written autopsy consent form developed pursuant to subsection (3) of this
section.
(b)
If the person authorized by subsection (1) of this section to grant written
consent to conduct an autopsy is not available to grant written consent in person,
the authorized person may grant consent by completing the required consent form
and returning the signed form, by facsimile or other electronic transmission,
to the party requesting permission.
(3)
The Public Health Officer, in consultation with the State Medical Examiner,
shall develop and make available a standardized written autopsy consent form
that:
(a)
Grants the person specified in subsection (1) of this section the authority to:
(A)
Grant permission to conduct an unlimited autopsy;
(B)
Grant permission to conduct a limited autopsy and to specify what limitations
are imposed upon the autopsy; or
(C)
Refuse permission to conduct an autopsy.
(b)
Provides a section for the person specified in subsection (1) of this section
to submit specific instructions with respect to tests to be performed during
the autopsy and to the disposition of organs and tissue removed for purposes of
a limited autopsy.
(c) Provides that the consent signature be accompanied by the signature of a witness.
Approved by the Governor June 17, 2003
Filed in the office of Secretary of State June 18, 2003
Effective date January 1, 2004
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