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Home Hot Topic New Law Grants Oregon Tribal Community the Right to Reclaim Amputated Body Parts

New Law Grants Oregon Tribal Community the Right to Reclaim Amputated Body Parts

by Cecilia

SALEM, Ore. — A recently enacted Oregon law, set to take effect in September, permits healthcare facilities to return amputated body parts to patients for reasons related to culture, spirituality, or religion. The legislation acknowledges the significance of keeping a person’s body intact for a seamless transition to the spirit world, aligning with certain cultural beliefs.

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Senate Bill 189, championed by Bend-based St. Charles Health System and leaders of the Confederated Tribes of Warm Springs, was signed into law by Governor Tina Kotek in July. The law grants individuals the right to retain amputated body parts, particularly if intended for cremation, burial, or other final wishes.

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Shilo Tippett, a Warm Springs Tribal member and manager of caregiver inclusion experience at St. Charles, emphasized that this practice holds genuine importance within tribal communities. For many tribal people, preserving various body parts, such as hair, fingernail clippings, or other fragments, in a pillowcase or satchel until the time of death is a customary practice.

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Tippett explained, “A lot of people don’t know that this is a very legitimate real practice for many people, and so when you contrast that to how the law was versus how it is now, it will have a huge impact and will be so meaningful to many people.”

Under the previous state law, returning body parts was challenging or impossible, often resulting in tribal members receiving ashes after amputation, if they received anything at all. This situation sometimes led individuals to delay essential medical treatment for fear of not being able to adhere to their spiritual beliefs in life or death.

Tippett noted the significance of the new law for healthcare providers and tribal communities alike, stating, “There’s celebrations here in our healthcare system because, for surgeons and medical staff, it hasn’t felt great that we’re not able to honor this very important belief for our patients.”

Different tribes hold varying beliefs, and not all tribal members share this particular belief. However, for those who do, Warm Springs has a team of well-trained and experienced undertakers who historically cared for amputated body parts until the person passed away. Various methods, such as medical-grade freezers or burial on tribal land with oversight from an undertaker, were employed to preserve and eventually reintegrate the body part into the individual upon their passing.

This law’s framework is not unique; it draws inspiration from a similar law in Washington state that achieved comparable objectives, according to Tippett.

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