2007 Oregon Code - Chapter 435 :: Chapter 435 - Birth Control - Termination of Pregnancy
Chapter 435 —
Birth Control; Termination of Pregnancy
2007 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; rules
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
435.200Â Â Â Â Interference
by public body with right to obtain and use safe and effective methods of
contraception prohibited
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
EMERGENCY CONTRACEPTION
435.250Â Â Â Â Policy
435.252Â Â Â Â Definitions
for ORS 435.252 and 435.254
435.254Â Â Â Â Duty
of hospital to provide information about emergency contraception and to make
emergency contraception available to victim of sexual assault; informational
materials; rules
435.256Â Â Â Â Civil
penalty
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; rules. (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 or such date as may be specified by board
rule. [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; 2007 c.768 §3]
     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
     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
     435.200
Interference by public body with right to obtain and use safe and effective
methods of contraception prohibited. (1) A public body as defined in ORS 174.109 or, except as provided in
ORS 435.225, an officer, employee or agent of a public body may not:
     (a) Deprive a consenting individual of the
right to obtain and use safe and effective methods of contraception; or
     (b) Interfere with or restrict, in the
regulation or provision of benefits, facilities, services or information, the
right of consenting individuals to obtain and use safe and effective methods of
contraception.
     (2) Nothing in this section is intended to
prevent the application of laws, rules, ordinances or taxes that affect the
method or manner of sales or distribution of contraceptive devices, provided
the laws, rules, ordinances or taxes are designed to promote public health and
safety and do not unreasonably burden public access to contraception.
     (3) As used in this section:
     (a) “Contraception” means the use of any
process, device or method to prevent pregnancy, including steroidal, chemical,
physical or barrier, natural or permanent methods for preventing the union of
an ovum with the spermatozoon, or preventing the subsequent implantation of the
fertilized ovum in the uterus, and includes all postcoital methods, drugs or
devices approved by the United States Food and Drug Administration to prevent
pregnancy.
     (b) “Pregnancy” is the period of time from
implantation of a fertilized ovum in the uterus to delivery. A woman shall be
presumed pregnant if she is premenopausal and exhibits signs of pregnancy,
including missed menses, until disproved by a laboratory test or until delivery.
[2007 c.182 §7]
     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]
EMERGENCY
CONTRACEPTION
     435.250
Policy. The Legislative
Assembly declares that:
     (1) It is the public policy of this state
that all OregoniansÂ’ right to freedom from unreasonable government intrusion
into their private lives, and specifically the right of consenting individuals
to obtain and use methods of contraception without interference by governmental
entities, shall be safeguarded; and
     (2) The laws of this state must be
interpreted and construed to recognize and protect these rights. [2007 c.182 §1]
     435.252
Definitions for ORS 435.252 and 435.254. As used in this section and ORS 435.254:
     (1) “Care to a victim of sexual assault”
means a medical examination, procedure or service provided by a licensed
medical provider to a victim of sexual assault.
     (2) “Culturally competent” means sensitive
to the patientÂ’s faith, race, ethnicity and national origin.
     (3) “Emergency contraception” means the
use of a drug or device that is approved by the United States Food and Drug
Administration to prevent pregnancy after sexual intercourse.
     (4) “Hospital” has the meaning given that
term in ORS 442.015, excluding institutions described in ORS 441.065.
     (5) “Sexual assault” means any unwanted
sexual contact as defined in ORS 163.305.
     (6) “Victim of sexual assault” means:
     (a) An individual who states that a sexual
assault has been committed against the individual or who is accompanied by a
person who states that the individual is a victim of sexual assault; or
     (b) An individual who hospital personnel
have reason to believe is a victim of sexual assault. [2007 c.182 §4]
     435.254
Duty of hospital to provide information about emergency contraception and to
make emergency contraception available to victim of sexual assault; informational
materials; rules. (1) A
hospital providing care to a female victim of sexual assault shall:
     (a) Promptly provide the victim with
unbiased, medically and factually accurate written and oral information about
emergency contraception;
     (b) Promptly orally inform the victim of
her option to be provided emergency contraception at the hospital; and
     (c) If requested by the victim and if not
medically contraindicated, provide the victim with emergency contraception
immediately at the hospital, notwithstanding section 2, chapter 789, Oregon
Laws 2003.
     (2)(a) In collaboration with victim
advocates, other interested parties and nonprofit organizations that provide
intervention and support services to victims of sexual assault and their
families, the Department of Human Services shall develop, prepare and produce
informational materials relating to emergency contraception for the prevention
of pregnancy in victims of sexual assault for distribution to and use in all
hospital emergency departments in the state, in quantities sufficient to comply
with the requirements of this section.
     (b) The Director of Human Services, in
collaboration with community sexual assault programs and other relevant
stakeholders, may approve informational materials developed, prepared and
produced by other entities for the purposes of paragraph (a) of this
subsection.
     (c) All informational materials must:
     (A) Be clearly written and easily
understood in a culturally competent manner; and
     (B) Contain an explanation of emergency
contraception, including its use, safety and effectiveness in preventing
pregnancy, including but not limited to the following facts:
     (i) Emergency contraception has been
approved by the United States Food and Drug Administration as an
over-the-counter medication for women 18 years of age or older and is a safe
and effective way to prevent pregnancy after unprotected sexual intercourse or
after contraceptive failure, if taken in a timely manner.
     (ii) Emergency contraception is more
effective the sooner it is taken.
     (iii) Emergency contraception will not
disrupt an established pregnancy.
     (3) The department shall respond to
complaints of violations of ORS 435.256 in accordance with ORS 441.057.
     (4) The department shall incorporate the
requirements of this section in rules adopted pursuant to ORS 441.055 that
prescribe the care to be given to patients at hospitals.
     (5) The director shall adopt rules
necessary to carry out the provisions of this section.
     (6) Information required to be provided
under subsection (1) of this section is medically and factually accurate if the
information is verified or supported by the weight of research conducted in
compliance with accepted scientific methods and based upon:
     (a) Reports in peer-reviewed journals; or
     (b) Information that leading professional
organizations, such as the
     435.256
Civil penalty. The
Department of Human Services may impose a civil penalty against a hospital for
each violation of the rules adopted under ORS 435.254. A civil penalty imposed
under this section may not exceed $1,000 for each violation upon inspection or
each substantiated complaint filed. [2007 c.182 §6]
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 Oregon Medical Board.
     (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)
_______________
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