2005 Oregon Code - Chapter 435 :: Chapter 435 - Birth Control - Termination of Pregnancy
Chapter 435 — Birth Control; Termination of Pregnancy
2005 EDITION
BIRTH CONTROL; TERMINATION OF PREGNANCY
PUBLIC HEALTH AND SAFETY
CONTRACEPTIVES; CONDOMS
435.010Â Â Â Â License required for manufacture or sale of contraceptives; exception
435.020Â Â Â Â Types of licenses; application; display
435.030Â Â Â Â Wholesale and manufacturer license
435.050Â Â Â Â License issuance; fee; duration
435.060Â Â Â Â Revocation of licenses and seizure of equipment
435.070Â Â Â Â Appeal of revocation and seizure orders
435.080Â Â Â Â Publication of licensing regulations
435.090Â Â Â Â Labeling; standards; expiration date
435.100Â Â Â Â Standards; rules regarding enforcement
435.105Â Â Â Â Inspection program of certain stock of vendors
435.120Â Â Â Â Disposition of receipts
435.130Â Â Â Â Jurisdiction over prosecutions
FAMILY PLANNING AND BIRTH CONTROL
435.205Â Â Â Â Family planning and birth control services by public agencies; fees
435.215Â Â Â Â Right to refuse services protected
435.225Â Â Â Â Refusal by employee to offer services
435.235Â Â Â Â Construction of ORS 435.205 to 435.235
VOLUNTARY STERILIZATION
435.305Â Â Â Â Voluntary sterilization authorized; advice; consent
TERMINATION OF PREGNANCY
435.435Â Â Â Â Effect of refusal to consent to termination
435.475Â Â Â Â Refusal to admit patient for termination
435.485Â Â Â Â Medical personnel not required to participate in termination
435.496Â Â Â Â Report to Center for Health Statistics; who has duty; report content
PENALTIES
435.990Â Â Â Â Penalties
CONTRACEPTIVES; CONDOMS
     435.010
License required for manufacture or sale of contraceptives; exception. (1)
No appliances, drugs or medicinal preparations intended or having special
utility for the prevention of conception or venereal diseases, or both, shall
be manufactured or sold at wholesale in this state without a license issued by
the State Board of Pharmacy, as provided in ORS 435.010 to 435.130, which
licenses shall be in addition to other licenses required by law.
     (2) The prohibitions of subsection (1) of this section do not apply to practitioners as defined in ORS 689.005. [Amended by 1969 c.328 §1; 1977 c.328 §1; 1979 c.777 §47]
     435.020
Types of licenses; application; display. (1) The following types of
licenses shall be issued by the State Board of Pharmacy under ORS 435.010 to
435.130:
     (a) Wholesale licenses.
     (b) Manufacturing licenses.
     (2) The license application shall be made in writing on a form prescribed and furnished by the board and one such license shall be obtained for each wholesaler or manufacturer. Such licenses shall be publicly or conspicuously displayed, and open to inspection by the board or other authorized persons. [Amended by 1969 c.328 §2; 1973 c.104 §5; 1975 c.285 §1]
     435.030
Wholesale and manufacturer license. Wholesale and manufacturer licenses
shall be issued only to persons authorized to sell or distribute the
appliances, drugs or medicinal preparations mentioned in ORS 435.010. [Amended
by 1969 c.328 §3; 1977 c.328 §2]
     435.035
[1973 c.104 §2; repealed by 1975 c.285 §8]
     435.040
[Amended by 1969 c.328 §4; 1973 c.104 §6; repealed by 1975 c.285 §8]
     435.050
License issuance; fee; duration. (1) All licenses shall be issued by the
State Board of Pharmacy on written application and payment of an annual license
fee for each manufacturer or wholesale license, which fee shall not exceed
$300.
     (2) Licenses shall be in effect for one year from January 1 of each year. [Amended by 1963 c.96 §2; 1967 c.183 §1; 1973 c.104 §4; 1975 c.285 §2; 1993 c.18 §109; 1993 c.571 §23]
     435.060
Revocation of licenses and seizure of equipment. (1) Notwithstanding ORS
chapter 183, the State Board of Pharmacy may revoke any license for violation
of ORS 435.010 to 435.130 by notice in writing to the holder of such license,
stating specifically the reasons for revocation.
     (2) The board shall transmit a copy of such revocation to the Attorney General, who shall thereupon instruct the sheriff of the county in which such licensee is doing business thereunder to seize the written license. [Amended by 1969 c.328 §5; 1971 c.734 §49; 1975 c.285 §3]
     435.070
Appeal of revocation and seizure orders. (1) A licensee may, within 30 days
from the date of the service of notice of revocation, appeal to the circuit
court of the county in which the licensee is doing business under the license
for a review of the action of the State Board of Pharmacy in revoking the
license and of the action of the sheriff in making a seizure thereunder.
     (2) The appeal shall be taken by filing in the circuit court a copy of the notice of revocation and a denial or statement in writing and sworn to by the licensee putting in issue such facts in connection therewith as the licensee may desire to dispute or put in controversy. A copy of this sworn statement shall be served upon the State Board of Pharmacy by the licensee at the time of filing the same.
     (3) The court may then proceed to hear and dispose of the matter in a summary manner upon such testimony and evidence as the licensee and the State Board of Pharmacy, the Attorney General or the district attorney of the county in question shall offer.
     (4) If the court finds that the action of the State Board of Pharmacy in revoking such license or in making such seizure was without sufficient grounds, it shall order the license to be reinstated and the property seized to be restored. If the court finds that the licensee has been guilty of a violation of ORS 435.010 to 435.130 and that the revocation of license was justifiable, the property seized shall be ordered by the court to be destroyed and the sheriff shall carry out such order.
     435.080
Publication of licensing regulations. The State Board of Pharmacy shall
prepare, print and distribute rules and regulations not inconsistent with law,
for the conduct of proceedings for the issue, enforcement and revocation of the
licenses provided in ORS 435.010 to 435.130. [Amended by 1995 c.79 §222]
     435.090
Labeling; standards; expiration date. (1) Goods of the class specified in
ORS 435.010 shall be sold at wholesale or at retail in this state only if they:
     (a) Specifically identify the manufacturer, date of manufacture or an expiration date and the distributor thereof by firm name and address on the container in which the goods are sold or are intended to be distributed. All such goods manufactured after December 31, 1994, shall bear an expiration date.
     (b) Comply with the standards as to such goods, respecting grade and quality, prescribed by the Department of Human Services under ORS 435.100.
     (2) Relative to drugs or medicinal preparations intended or having special utility for the prevention of conception, each individual container manufactured for sale in Oregon must bear the date of manufacture or an expiration date. All such drugs or medicinal preparations manufactured after December 31, 1994, shall bear an expiration date. [Amended by 1975 c.285 §4; 1977 c.328 §3; 1993 c.571 §24]
     435.100
Standards; rules regarding enforcement. (1) The Department of Human
Services shall adopt and promulgate from time to time and have jurisdiction
over the establishing of such standards relating to and governing the articles
and medicinal preparations mentioned in ORS 435.010 as may be deemed necessary
by the department in the interest of disease prevention.
     (2) The State Board of Pharmacy may adopt other rules to enforce and carry out the provisions of ORS 435.010 to 435.130 in cooperation with the department.
     (3) The department shall cause to have published the brand names of all goods of the class specified in ORS 435.010 that comply with the standards prescribed under subsection (1) of this section. [Amended by 1975 c.285 §5]
     435.105
Inspection program of certain stock of vendors. In lieu of its own
inspection program, the State Board of Pharmacy may enter into an agreement
with the Department of Human Services or a county or district board of health.
The agreement shall authorize the department or the board to make inspections of
the condom stock to determine that the stock consists only of brands that
comply with standards promulgated under ORS 435.100 (1). The agreement shall
include authority to enforce applicable rules of the State Board of Pharmacy
and the department and such rules of the board shall be considered rules of the
department or the county or district board of health. [1973 c.104 §3; 1975
c.285 §6]
     435.110
[Amended by 1969 c.328 §6; repealed by 1975 c.285 §8]
     435.120
Disposition of receipts. All license fees collected under ORS 435.010 to
435.130 shall be retained and used by the board in carrying out and enforcing
ORS 435.010 to 435.130, except as provided in this section. [Amended by 1987
c.905 §23]
     435.130
Jurisdiction over prosecutions. Justice courts have concurrent jurisdiction
with the circuit courts over all violations of ORS 435.010 to 435.130.
FAMILY PLANNING AND BIRTH CONTROL
     435.205
Family planning and birth control services by public agencies; fees. (1)
The Department of Human Services and every county health department shall offer
family planning and birth control services within the limits of available
funds. Both agencies jointly may offer such services. The Director of Human
Services or a designee shall initiate and conduct discussions of family
planning with each person who might have an interest in and benefit from such
service. The Department of Human Services shall furnish consultation and
assistance to county health departments.
     (2) Family planning and birth control services may include interviews with trained personnel; distribution of literature; referral to a licensed physician for consultation, examination, medical treatment and prescription; and, to the extent so prescribed, the distribution of rhythm charts, the initial supply of a drug or other medical preparation, contraceptive devices and similar products.
     (3) Any literature, charts or other family planning and birth control information offered under this section in counties in which a significant segment of the population does not speak English shall be made available in the appropriate foreign language for that segment of the population.
     (4) In carrying out its duties under this section, and with the consent of the county governing body, any county health department may adopt a fee schedule for services provided by the county health department. The fees shall be reasonably calculated not to exceed costs of services provided and may be adjusted on a sliding scale reflecting ability to pay.
     (5) The county health department shall collect fees according to the schedule adopted under subsection (4) of this section. Such fees may be used to meet the expenses of providing the services authorized by this section. [1967 c.491 §§1,2; 1971 c.396 §1; 1971 c.779 §65; 1973 c.253 §1; 2001 c.900 §159]
     435.215
Right to refuse services protected. The refusal of any person to accept
family planning and birth control services shall in no way affect the right of
such person to receive public assistance or any other public benefit and every
person to whom such services are offered shall be so advised initially both
orally and in writing. Employees engaged in the administration of ORS 435.205
to 435.235 shall recognize that the right to make decisions concerning family
planning and birth control is a fundamental personal right of the individual
and nothing in ORS 435.205 to 435.235 shall in any way abridge such individual
right, nor shall any individual be required to state the reason for refusing
the offer of family planning and birth control services. [1967 c.491 §3; 1971
c.779 §66; 1987 c.158 §81]
     435.225
Refusal by employee to offer services. Any employee of the Department of
Human Services may refuse to accept the duty of offering family planning and
birth control services to the extent that such duty is contrary to the personal
or religious beliefs of the employee. However, such employee shall notify the
immediate supervisor in writing of such refusal in order that arrangements may
be made for eligible persons to obtain such information and services from
another employee. Such refusal shall not be grounds for any disciplinary
action, for dismissal, for any interdepartmental transfer, for any other
discrimination in employment, or for suspension from employment, or for any
loss in pay or other benefits. [1967 c.491 §4; 1971 c.779 §67]
     435.235
Construction of ORS 435.205 to 435.235. ORS 435.205 to 435.235 shall be
liberally construed to protect the rights of all individuals to pursue their
religious beliefs, to follow the dictates of their own consciences, to prevent
the imposition upon any individual of practices offensive to the individualÂ’s
moral standards, to respect the right of every individual to self-determination
in the procreation of children, and to insure a complete freedom of choice in
pursuance of constitutional rights. [1967 c.491 §5]
VOLUNTARY STERILIZATION
     435.305
Voluntary sterilization authorized; advice; consent. (1) A person may be
sterilized by appropriate means upon request and upon the advice of a physician
licensed by the Board of Medical Examiners for the State of Oregon.
     (2) No physician or hospital may be held liable for performing a sterilization without obtaining the consent of the spouse of the person sterilized.
     (3) Free clinics to sterilize males under subsection (1) of this section may be conducted as a part of the program provided for in ORS 435.205.
     (4)(a) A nurse practitioner licensed by the Oregon State Board of Nursing under ORS 678.375 and acting within the scope of practice authorized by the board may provide medical advice to any person about a sterilization procedure.
     (b) A nurse practitioner may acknowledge and sign a consent to sterilization procedure form if, no fewer than 30 days before the procedure, the form is provided to and signed by the person on whom the procedure will be performed.
     (c) A nurse practitioner may not acknowledge or sign a consent to sterilization procedure form if the form is provided to or signed by the person on whom the procedure will be performed fewer than 30 days before the procedure.
     (d) A nurse practitioner may not perform a sterilization procedure on any person. [1967 c.441 §15; 1969 c.31 §1; 1973 c.479 §1; 1975 c.591 §1; 1987 c.158 §82; 2005 c.471 §5]
     435.405
[1969 c.684 §1; 1971 c.743 §370; repealed by 1983 c.470 §1]
     435.415
[1969 c.684 §3; repealed by 1983 c.470 §1]
     435.425
[1969 c.684 §4; repealed by 1983 c.470 §1]
TERMINATION OF PREGNANCY
     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. [1969 c.684 §§7,12; 1983
c.470 §5]
     435.445
[1969 c.684 §8; repealed by 1983 c.470 §1]
     435.455
[1969 c.684 §§2,5; repealed by 1983 c.470 §1]
     435.465
[1969 c.684 §6; repealed by 1983 c.470 §1]
     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. [1969 c.684 §9; 1983 c.470 §2]
     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. [1969 c.684 §§10,11; 1983 c.470 §3]
     435.495
[1969 c.684 §13; repealed by 1983 c.470 §1 and 1983 c.709 §14 (435.496 enacted
in lieu of 435.495)]
     435.496
Report to Center for Health Statistics; who has duty; report content. (1)
Each induced termination of pregnancy which occurs in this state, regardless of
the length of gestation, shall be reported to the Center for Health Statistics
within 30 days by the person in charge of the institution in which the induced
termination of pregnancy was performed. If the induced termination of pregnancy
was performed outside an institution, the attending physician shall prepare and
file the report.
     (2) If the person who is required to file the report under subsection (1) of this section has knowledge that the person who underwent the induced termination of pregnancy also underwent a follow-up visit or had follow-up contact with a health care provider, the person shall include the fact of the follow-up visit or contact, and whether any complications were noted, in the report. If the person filing the report is not personally aware of the follow-up visit or contact but was informed of the visit or contact, the person shall include the source of that information in the report.
     (3) Reports submitted under this section shall not disclose the names or identities of the parents. [1983 c.709 §14a (enacted in lieu of 435.495); 1997 c.783 §46]
PENALTIES
     435.990
Penalties. (1) Violation of any of the provisions of ORS 435.010 to 435.130
is punishable, upon conviction, by a fine not to exceed $200 or imprisonment in
a county jail for not exceeding 60 days, or both.
     (2) Sale at wholesale or retail of any goods of the class specified in ORS 435.010 that do not comply with standards promulgated under ORS 435.100 (1) is a Class C misdemeanor. [Subsection (2) enacted as 1975 c.285 §7]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.