72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3512
 
                           A-Engrossed
 
                         Senate Bill 885
                   Ordered by the Senate May 5
             Including Senate Amendments dated May 5
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Requires written consent prior to autopsy not related to death
requiring investigation. Specifies who may authorize autopsy.
 { + Allows electronic transmission of consent form if authorized
person is not available to grant written consent in person. + }
Requires development and use of autopsy consent form.
 
                        A BILL FOR AN ACT
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. + }
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