2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 146 - Investigations of Deaths, Injuries and Missing Persons › Section 146.102 - Guidance concerning overdose death communication; notification.

(1) As used in this section:
(a) "Cause of death" has the meaning given that term in ORS 146.003.
(b) "Local mental health authority" has the meaning given that term in ORS 430.630.
(c) "Manner of death" has the meaning given that term in ORS 146.003.
(d) "Opioid" means a natural, synthetic or semisynthetic chemical that interacts with opioid receptors on nerve cells in the body and brain to reduce the intensity of pain signals and feelings of pain.
(e) "Opioid overdose" means a medical condition that causes depressed consciousness, depressed respiratory function or the impairment of vital bodily functions as a result of ingesting opioids.
(f) "Third-party notification" means notification from a source other than a patient in a program administered by a local mental health authority during the patient’s treatment.
(g) "Urban Indian health program" means an urban Indian health program in this state that is operated by an urban Indian organization pursuant to 25 U.S.C. 1651 et seq.
(2)(a) The Oregon Health Authority shall provide guidance for communication among local mental health authorities to improve notifications and information sharing when an individual who is 24 years of age or younger dies and the presumed cause of death is suspected to be the result of an opioid overdose or other overdose. The guidance may address community opioid overdose and other overdose response and efforts to address the potential of future related deaths. The Oregon Health Authority may collaborate with the following entities in providing the guidance described in this subsection:
(A) Local mental health authorities;
(B) The nine federally recognized Indian tribes in this state;
(C) County juvenile departments;
(D) Community-based substance use disorder treatment programs;
(E) Urban Indian health programs;
(F) The Oregon Youth Authority;
(G) The Department of Human Services;
(H) Community developmental disabilities programs; and
(I) Any other organization identified by the Oregon Health Authority or a local mental health authority as necessary to preserve the public health.
(b) The Oregon Health Authority may develop post-intervention guidance to enable local mental health authorities to deploy uniform and effective post-intervention efforts. In developing the guidance, the authority may consult with the entities described in paragraph (a) of this subsection.
(3) No later than 72 hours after receiving a third-party notification, including notice under ORS 146.100, of the death of an individual described in subsection (2)(a) of this section, if the decedent was not domiciled in the county where the death occurred, the local mental health authority shall provide notice of the death to the local mental health authority in the county where the decedent was domiciled.
(4) The local mental health authority in the county where an individual described in subsection (2)(a) of this section was domiciled may notify the local mental health authority in any other county in which the decedent had significant contacts, as described by the Oregon Health Authority by rule.
(5) After receiving notice of the death of an individual described in subsection (2)(a) of this section, each local mental health authority in a county in which the decedent had significant contacts may inform the Oregon Health Authority, in a manner and format determined by the authority, of activities implemented to support individuals and any local entities affected by the death and to prevent the risk of future related deaths. The Oregon Health Authority may serve as a resource to the local mental health authorities as needed by the community.
(6) In compliance with any state or federal laws regulating public disclosure of such information, the notification described in subsections (3) and (4) of this section must contain the following information regarding the decedent to enable the local mental health authorities described in subsections (3) and (4) of this section to deploy effective post-intervention efforts:
(a) The name of the decedent;
(b) The dates of birth and death of the decedent;
(c) The suspected manner of death;
(d) The suspected cause of death; and
(e) Any other information that the local mental health authority determines necessary to preserve the public health. [2023 c.593 §20]
Note:
146.102 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 146 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.