OREGON.
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Chapter 432 — Vital
Statistics
432.005 Definitions. As used
in this chapter, unless the context requires otherwise:
(1) “Dead body” means a human
body or such parts of such human body from the condition of which it reasonably
may be concluded that death occurred.
(2) “Department” means the
Department of Human Services.
(3) “Director” means the
Director of Human Services.
(4) “Divorce” means dissolution
of a marriage.
(5) “Fetal death” means death
prior to the complete expulsion or extraction from its mother of a product of
human conception, irrespective of the duration of pregnancy. The death is
indicated by the fact that after such expulsion or extraction the fetus does
not breathe or show any other evidence of life such as beating of the heart,
pulsation of the umbilical cord or definite movement of the voluntary muscles.
(6) “File” means the
presentation and acceptance of a vital record or vital report provided for in
this chapter by the Center for Health Statistics.
(7) “Final disposition” means
the burial, interment, cremation, removal from the state or other authorized
disposition of a dead body or fetus, except that when removal from the state is
conducted by the holder of a certificate of removal registration issued under
ORS 692.270, the final disposition may not be considered complete until the
certificate of death is filed.
(8) “Induced termination of
pregnancy” means the purposeful interruption of an intrauterine pregnancy with
the intention other than to produce a live-born infant and that does not result
in a live birth.
(9) “Institution” means any
establishment, public or private, that provides inpatient or outpatient
medical, surgical or diagnostic care or treatment or nursing, custodial or
domiciliary care, or to which persons are committed by law.
(10) “Live birth” means the
complete expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy, that, after such
expulsion or extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite movement of
voluntary muscles, whether or not the umbilical cord has been cut or the
placenta is attached.
(11) “Person acting as a
funeral service practitioner” means:
(a) A person other than a
funeral service practitioner licensed under ORS 692.045, including but not
limited to a relative, friend or other interested party, who performs the
duties of a funeral service practitioner without payment; or
(b) A funeral service
practitioner who files death certificates in another state if the funeral
service practitioner is employed by a funeral establishment licensed in another
state and registered with the State Mortuary and Cemetery Board under ORS
692.270.
(12) “Physician” means a person
authorized or licensed under the laws of this state to practice medicine,
osteopathy, chiropractic or naturopathic medicine.
(13) “Registration” means the
process by which vital records and vital reports are completed, filed and
incorporated into the official records of the Center for Health Statistics.
(14) “State registrar” means
the State Registrar of the Center for Health Statistics.
(15) “System of vital
statistics” means the registration, collection, preservation, amendment and
certification of vital records and vital reports; the collection of other
reports required by this chapter, and activities related thereto including the
tabulation, analysis, dissemination and publication of vital statistics and
training in the use of health data.
(16) “Vital records” means
certificates or reports of birth, death, marriage, dissolution of marriage and
data related thereto.
(17) “Vital reports” means
reports of fetal death, induced termination of pregnancy, suicide attempts by
persons under 18 years of age and survey and questionnaire documents and data
related thereto.
(18) “Vital statistics” means the
data derived from certificates and reports of birth, death, fetal death,
induced termination of pregnancy, marriage, dissolution of marriage, suicide
attempts by persons under 18 years of age and related reports.
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432.075 Duty to furnish information
to state registrar; immunity. (1) Any person having knowledge of the facts
shall furnish all information the person may possess regarding any birth,
death, fetal death, induced termination of pregnancy, marriage, dissolution of
marriage or suicide attempt by a person under 18 years of age, upon demand of
the State Registrar of the Center for Health Statistics.
(2) Any person or institution
that in good faith provides information required by this chapter or by rules
adopted pursuant thereto shall not be subject to any action for civil damages.
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432.095 Application of chapter
provisions. The provisions of this chapter regarding the copying,
inspection, disclosure or furnishing of vital records and vital reports also
apply to all certificates or reports of birth, death, marriage, dissolution of
marriage, fetal death, induced termination of pregnancy and suicide attempt by
a person under 18 years of age received prior to October 4, 1997, by the Vital
Statistics Unit or in the custody of any other custodian of vital
records.
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432.165 Death records. (1) All
superintendents or managers or other persons in charge of institutions shall
keep a record of personal data concerning each person admitted or confined to
the institution. This record shall include such information as required for the
certificates of birth and death and the reports of fetal death and induced
termination of pregnancy required by this chapter. The record shall be made at
the time of admission from information provided by the person being admitted or
confined, but when it cannot be so obtained, the information shall be obtained
from relatives or other persons acquainted with the facts. The name and address
of the person providing the information shall be a part of the record.
(2) When a dead body or fetus
is released or disposed of by an institution, the person in charge of the
institution shall keep a record showing the name of the decedent, Social
Security number, if issued, date of death, name and address of the person to
whom the body or fetus is released and the date of removal from the
institution. If final disposition is made by the institution, the date, place
and manner of disposition shall also be recorded.
(3) A funeral service
practitioner, embalmer, sexton or other person who removes from the place of
death, transports or makes final disposition of a dead body or fetus, in
addition to filing any certificate or other report required by this chapter or
rules adopted pursuant thereto, shall keep a record which shall identify the
body, and such information pertaining to receipt, removal, delivery, burial or
cremation of the body as may be required by rules adopted by the State
Registrar of the Center for Health Statistics.
(4) A medical examiner or a
physician authorized by law to sign a death certificate who is notified of the
death of a person not under the care of institutions shall keep a record.
(5) Copies of records described
in this section shall be sent to the state registrar at least monthly. Records
maintained under this section shall be retained by the institution, medical
examiner or physician and the persons described in subsection (3) of this
section for a period of not less than two years and shall be made available for
inspection by the state registrar or a representative of the state registrar
upon demand.
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432.317 Report upon receipt of
body or fetus; authorization for final disposition; rules. (1) The funeral
service practitioner or person acting as a funeral service practitioner who
first assumes possession of a dead body or fetus shall make a written report to
the county registrar in the county in which death occurred or in which the body
or fetus was found within 24 hours after taking possession of the body or
fetus. The report shall be on a form prescribed and furnished by the State
Registrar of the Center for Health Statistics and in accordance with rules
adopted by the Department of Human Services.
(2) Prior to final disposition
of the body, the funeral service practitioner or person acting as a funeral
service practitioner who first assumes custody of a dead body shall, prior to
final disposition of the body, obtain written authorization for final
disposition of the body from the physician, physician assistant practicing
under the supervision of a person licensed to practice medicine under ORS
chapter 677, certified nurse practitioner or medical examiner who certifies the
cause of death as provided in ORS 432.307 (3) on a form prescribed and
furnished by the state registrar. If the funeral service practitioner or person
acting as a funeral service practitioner is unable to obtain such written
authorization prior to final disposition of the body, the practitioner or
person, with the oral consent of the physician, the physician assistant, the
nurse practitioner, the medical examiner or a licensed health professional
authorized to give such consent on behalf of the physician or medical examiner
who is responsible for certifying the cause of death, may authorize final
disposition of the body on a form prescribed and furnished by the state
registrar.
(3) Prior to final disposition
of a fetus, irrespective of the duration of pregnancy, the funeral service
practitioner, the person in charge of the institution or other person assuming
responsibility for final disposition of the fetus shall authorize final
disposition of the fetus on a form prescribed and furnished or approved by the
state registrar.
(4) With the consent of the
physician, physician assistant practicing under the supervision of a person
licensed to practice medicine under ORS chapter 677, nurse practitioner or
medical examiner who is to certify the cause of death, a dead body may be moved
from the place of death for the purpose of being prepared for final
disposition.
(5) An authorization for final
disposition issued under the laws of another state which accompanies a dead
body or fetus brought into this state shall be authority for final disposition
of the body or fetus in this state. Permits for transporting a body or fetus out
of another state issued under the laws of another state shall be authority for
transporting a body or fetus into
(6) No sexton or other person
in charge of any place in which interment or other disposition of dead bodies
is made shall inter or allow interment or other disposition of a dead body or
fetus unless it is accompanied by authorization for final disposition.
(7) Each person in charge of
any place for final disposition shall include in the authorization the date of
disposition and shall complete and return all authorizations to the county
registrar within 10 days after the date of the disposition. When there is no
person in charge of the place for final disposition, a responsible party other
than the funeral service practitioner or person acting as a funeral service
practitioner shall complete and return the authorization to the county
registrar within 10 days after the date of disposition.
(8) Authorization for
disinterment and reinterment shall be required prior to disinterment of a dead
body or fetus. The authorization shall be issued by the state registrar to a
licensed funeral service practitioner or person acting as a funeral service
practitioner, upon proper application.
(9) Prior to removing a dead body
or fetus from the State of Oregon under ORS 692.270, a person acting as a
funeral service practitioner as defined in ORS 432.005 (11)(b) shall submit a
written notice of removal to the county registrar in the county in which death
occurred or in which the body or fetus was found. The notice shall be on a form
prescribed and furnished by the State Registrar of the Center for Health
Statistics and in accordance with rules adopted by the Department of Human
Services. A copy of the written notice of removal shall serve as a transit
permit for the remains of the decedent named on the notice.
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432.333 Reports on fetal deaths.
(1) Each fetal death of 350 grams or more, or, if weight is unknown, of 20
completed weeks gestation or more, calculated from the date last normal
menstrual period began to the date of delivery, that occurs in this state shall
be reported within five days after delivery to the county registrar of the
county in which the fetal death occurred or to the Center for Health Statistics
or as otherwise directed by the State Registrar of the Center for Health
Statistics. All induced terminations of pregnancy shall be reported in the
manner prescribed in ORS 435.496 and shall not be reported as fetal deaths.
(2) When a fetus is delivered in
an institution, the person in charge of the institution or a designated
representative shall prepare and file the report.
(3) When a fetus is delivered
outside an institution, the physician in attendance at or immediately after
delivery shall prepare and file the report.
(4) When a fetal death required
to be reported by this section occurs without attendance by a physician at or
immediately after the delivery or when inquiry is required by ORS 146.003 to
146.165 and 146.710 to 146.992, the medical examiner shall investigate the
cause of fetal death and shall prepare and file the report.
(5) When a fetal death occurs
in a moving conveyance and the fetus is first removed from the conveyance in
this state or when a fetus is found in this state and the place of fetal death
is unknown, the fetal death shall be reported in this state. The place where
the fetus was first removed from the conveyance or the fetus was found shall be
considered the place of fetal death.
(6) All information regarding
the father shall be entered on the fetal death report if the father is
identified.
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Chapter 435 — Birth
Control; Termination of Pregnancy
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435.435 Effect of refusal to consent to termination. The refusal of
any person to consent to a termination of pregnancy or to submit thereto shall
not be grounds for loss of any privilege or immunity to which the person is
otherwise entitled nor shall consent to or submission to a termination of
pregnancy be imposed as a condition to the receipt of any public benefits.
435.475
Refusal to admit patient for termination. (1) Except as provided in
subsection (3) of this section, no hospital is required to admit any patient
for the purpose of terminating a pregnancy. No hospital is liable for its
failure or refusal to participate in such termination if the hospital has
adopted a policy not to admit patients for the purposes of terminating
pregnancies. However, the hospital must notify the person seeking admission to
the hospital of its policy.
(2) All hospitals that have not
adopted a policy not to admit patients seeking termination of a pregnancy shall
admit patients seeking such termination in the same manner and subject to the
same conditions as imposed on any other patient seeking admission to the
hospital.
(3) No hospital operated by
this state or by a political subdivision in this state is authorized to adopt a
policy of excluding or denying admission to any person seeking termination of a
pregnancy.
435.485
Medical personnel not required to participate in termination. (1) No
physician is required to give advice with respect to or participate in any
termination of a pregnancy if the refusal to do so is based on an election not
to give such advice or to participate in such terminations and the physician so
advises the patient.
(2) No hospital employee or
member of the hospital medical staff is required to participate in any
termination of a pregnancy if the employee or staff member notifies the
hospital of the election not to participate in such terminations.
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