Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts
Consent for certain autopsies
(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 (Autopsies), 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 Chief 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. [2003 c.416 §1; 2017 c.151 §1]
§§ 97.050 to 97.090
See annotations under ORS 127.605 to 127.650.
Atty. Gen. Opinions
Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457