reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.010 - License required for manufacture or sale of contraceptives; exception.

(1) Appliances, drugs or medicinal preparations intended or that have special utility for the prevention of conception or sexually transmitted infections, or both, may not 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. A license described in this subsection must be obtained 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; 2019 c.280 §16; 2019 c.456 §3]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 Oregon Health Authority 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; 2009 c.595 §689]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.100 - Standards; rules regarding enforcement.

(1) The Oregon Health Authority 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 authority 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 authority.
(3) The authority 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; 2009 c.595 §690]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 Oregon Health Authority or a local public health authority, as defined in ORS 431.003. The agreement shall authorize the Oregon Health Authority or the local public health authority 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. [1973 c.104 §3; 1975 c.285 §6; 2009 c.595 §691; 2015 c.736 §85]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.190 - Definitions for 435.190 to 435.245.

As used in ORS 435.190 to 435.245:
(1) "Contraception" includes:
(a) Steroidal, chemical, physical or barrier, natural or permanent methods for preventing the union of an ovum with the spermatozoon, or for preventing the subsequent implantation of the fertilized ovum in the uterus;
(b) All postcoital methods, drugs or devices to prevent pregnancy; and
(c) Any other process, device or method to prevent pregnancy.
(2) "Public body" means a public body as defined in ORS 174.109 and the Oregon Health and Science University.
(3) "Reproductive health" means reproductive processes, functions and systems at all stages of life.
(4) "Reproductive health care" includes family planning and contraception, pregnancy termination services, prenatal, postnatal and delivery care, miscarriage management, fertility care, sterilization services, treatments for sexually transmitted infections and reproductive cancers and any other health care and medical services related to reproductive health. [2023 c.228 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.205 - Family planning and birth control services by public agencies; fees.

(1) The Oregon Health Authority and every local health department shall offer family planning and birth control services within the limits of available funds. Both agencies jointly may offer the services described in this subsection. The Director of the Oregon Health Authority or a designee shall initiate and conduct discussions of family planning with each person who might have an interest in and benefit from the services. The authority shall furnish consultation and assistance to local health departments.
(2) Family planning and birth control services may include, but are not limited to:
(a) Interviews with trained personnel;
(b) Distribution of literature;
(c) Referral to a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390 for consultation, examination, medical treatment and prescription; and
(d) 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 must be made available in the appropriate language for that segment of the population.
(4) In carrying out its duties under this section, and with the consent of the local public health authority as defined in ORS 431.003, the local health department may adopt a fee schedule for services provided by the local 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 local health department shall collect fees according to the schedule adopted under subsection (4) of this section. Moneys from fees collected 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; 2009 c.595 §692; 2014 c.45 §56; 2015 c.736 §86; 2017 c.356 §65; 2022 c.45 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.210 - Right to make decisions about individual’s reproductive health.

Every individual has a fundamental right to make decisions about the individual’s reproductive health, including the right to make decisions about the individual’s reproductive health care, to use or refuse contraception, to continue the individual’s pregnancy and give birth or to terminate the individual’s pregnancy. [2023 c.228 §3]
Note:
435.210 was made a part of 435.190 to 435.245 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.215 - Right to accept or refuse services protected.

(1) An individual’s acceptance or refusal to accept reproductive health care information and services may not:
(a) Be grounds for the loss of any privilege or immunity to which the individual is otherwise entitled; or
(b) Affect the individual’s right to receive public assistance, medical assistance, as defined in ORS 414.025, or any other public benefit.
(2) An officer, employee or agent of a public body who is engaged in the provision of reproductive health care information and services:
(a) Shall advise every individual to whom the officer, employee or agent of a public body provides reproductive health care information and services, both orally and in writing, of the rights described under subsection (1) of this section;
(b) Shall recognize that the right to make decisions concerning reproductive health care is a fundamental personal right of the individual and that nothing in ORS 435.190 to 435.245, 435.475 or 435.485 or ORS chapter 436 in any way abridges that right; and
(c) May not require any individual to state the reason for accepting or refusing the offer of reproductive health care information and services. [1967 c.491 §3; 1971 c.779 §66; 1987 c.158 §81; 2013 c.688 §91; 2023 c.228 §6]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.225 - Refusal to offer information and services.

(1) An officer, employee or agent of a public body may refuse to accept the duty of offering reproductive health care information and services to the extent that such duty is contrary to the personal or religious beliefs of the officer, employee or agent. However, such officer, employee or agent shall notify the immediate supervisor in writing of such refusal in order that arrangements may be made for eligible individuals to obtain such information and services from another officer, employee or agent.
(2) If an officer, employee or agent of a public body refuses to provide reproductive health care information and services as provided in subsection (1) of this section, the public body shall immediately make arrangements for an individual to receive reproductive health care information and services from another officer, employee or agent of the public body.
(3) The refusal of an officer, employee or agent of a public body to provide reproductive health care information and services under subsection (1) of this section may 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; 2009 c.595 §693; 2023 c.228 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.230 - Reproductive health services and education programs; rules.

(1) The Oregon Health Authority may, subject to available funds, implement reproductive health services and education programs and provide funding for reproductive health services and education in this state.
(2) In order to receive state or federal funding or reimbursement from the authority for the provision of reproductive health services, a health care provider must be certified by the authority pursuant to rules adopted under subsection (3) of this section.
(3) The authority may adopt rules necessary to carry out this section, including but not limited to rules to:
(a) Establish the programs described in subsection (1) of this section;
(b) Establish a health care provider certification process; and
(c) Adopt fees. [2022 c.45 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 individual’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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.240 - Prohibitions relating to individual’s exercise of reproductive health rights.

(1) A public body 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 choice of exercising the individual’s reproductive health rights under ORS 435.210;
(b) Interfere with or restrict, in the regulation of benefits, facilities, services or information, the choice of a consenting individual to exercise the individual’s reproductive health rights under ORS 435.210;
(c) Prohibit a health care provider, who is acting within the scope of the health care provider’s license, from providing reproductive health care information and services to a consenting individual;
(d) Interfere with or restrict, in the regulation of benefits, facilities, services or information, the choice of a health care provider, who is acting within the scope of the health care provider’s license, to provide reproductive health care information and services to a consenting individual;
(e) Subject an individual to criminal or civil liability or penalty, or otherwise deprive the individual of any rights, based on the individual’s actions or omissions in exercising the individual’s reproductive health rights under ORS 435.210, including any action or omission affecting an actual, potential or alleged pregnancy outcome; or
(f) Subject any person to criminal or civil liability or penalty, or otherwise deprive any person of the person’s rights, based solely on the person’s actions in the provision of aid, assistance, resources or support to an individual in the exercise of the individual’s reproductive health rights, provided that the person’s actions do not otherwise violate the laws of this state.
(2)(a) 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 or the provision of reproductive health care, provided that the laws, rules, ordinances or taxes are designed to promote public health and safety and do not unreasonably burden public access to contraception or other reproductive health care.
(b) Nothing in this section requires a public body to provide or pay for reproductive health care. [Formerly 659.880]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.245 - Injunctive relief; attorney fees.

(1) Any person may bring an action against a public body, or an officer, employee or agent of a public body, for injunctive relief to enforce the requirements of ORS 435.190 to 435.245.
(2) The court may award reasonable attorney fees and costs to a prevailing plaintiff in an action under this section.
(3) ORS 30.260 to 30.300 apply to an action under this section. [2023 c.228 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.250 - Policy.

The Legislative Assembly declares that:
(1) It is the public policy of this state that all Oregonians’ 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 patient’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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.256 - Civil penalty.

The Oregon Health Authority 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; 2009 c.595 §695]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 under ORS chapter 677, naturopathic physician licensed under ORS chapter 685 or physician assistant licensed under ORS 677.505 to 677.525.
(2) A health care provider described in this section, or a hospital, may not 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 subsections (1) and (4)(d) 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, except that a nurse practitioner may perform a vasectomy. [1967 c.441 §15; 1969 c.31 §1; 1973 c.479 §1; 1975 c.591 §1; 1987 c.158 §82; 2005 c.471 §5; 2014 c.45 §57; 2017 c.356 §66; 2017 c.381 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.485 - Medical personnel not required to participate in termination.

(1) A physician or naturopathic physician is not 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 or naturopathic physician so advises the patient.
(2) A hospital employee or member of the hospital medical staff is not 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; 2017 c.356 §67]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 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 or the naturopathic 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; 2017 c.356 §68]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 435 - Reproductive Health Care and Rights › Section 435.990 - Penalties.

(1) Violation of any of the provisions of ORS 435.010 to 435.130 is a Class C misdemeanor.
(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; 2011 c.597 §196]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.205 - Definitions.

As used in this chapter unless the context requires otherwise:
(1) "Best interest" means that:
(a) The individual is physically capable of procreating;
(b) The individual is likely to engage in sexual activity at the present or in the near future under circumstances likely to result in pregnancy;
(c) All less drastic alternative contraceptive methods, including supervision, education and training, have proved unworkable or inapplicable, or are medically contraindicated;
(d) The proposed method of sterilization conforms with standard medical practice, is the least intrusive method available and appropriate, and can be carried out without unreasonable risk to the life and health of the individual; and
(e) The nature and extent of the individual’s disability, as determined by empirical evidence and not solely on the basis of standardized tests, renders the individual permanently incapable of caring for and raising a child, even with reasonable assistance.
(2) "Informed consent" means consent given by an individual 15 years of age or older for sterilization that is:
(a) Based upon a full understanding of the nature and consequences of sterilization pursuant to information requirements set forth in ORS 436.225 (1);
(b) Given by an individual competent to make such a decision; and
(c) Wholly voluntary and free from coercion, express or implied.
(3) "Respondent" is the individual for whom sterilization is sought and is the subject of a petition pursuant to this chapter.
(4) "Sterilization" means any medical procedure, treatment or operation for the purpose of rendering an individual permanently incapable of procreating. [1983 c.460 §3; 1991 c.67 §116]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.215 - Legislative finding.

The Legislative Assembly finds and declares that sterilization procedures are highly intrusive, generally irreversible and represent potentially permanent and highly significant consequences for individuals incapable of giving informed consent. The Legislative Assembly recognizes that certain legal safeguards are required to prevent indiscriminate and unnecessary sterilization of such individuals, and to assure equal access to desired medical procedures for these Oregon citizens. [1983 c.460 §4]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.225 - Obtaining informed consent.

(1) In obtaining informed consent for sterilization a physician, physician assistant or nurse practitioner must offer to answer any questions the individual to be sterilized may have concerning the proposed procedure, and must provide orally all of the following information or advice to the individual to be sterilized:
(a) Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment;
(b) A description of available alternative methods of family planning and birth control;
(c) Advice that the sterilization procedure is considered to be irreversible;
(d) A thorough explanation of the specific sterilization procedure to be performed;
(e) A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used; and
(f) A full description of the benefits or advantages that may be expected as a result of the sterilization.
(2) A natural parent, or a legal guardian or conservator of a minor child or protected person appointed under ORS chapter 125, may not give substitute consent for sterilization.
(3) Whenever any physician, physician assistant or nurse practitioner has reason to believe an individual 15 years of age or older is unable to give informed consent, no sterilization shall be performed until it is determined by a circuit court that the individual involved is able to and has given informed consent. Whenever the court determines, under the provisions of this chapter, that a person lacks the ability to give informed consent, the court shall permit sterilization only if the person is 18 years of age or older and only upon showing that such operation, treatment or procedure is in the best interest of the individual.
(4) Notwithstanding ORS 435.210, informed consent may not be obtained while the individual to be sterilized is:
(a) In labor or childbirth;
(b) Seeking to obtain or obtaining an abortion; or
(c) Under the influence of alcohol or other substances that affect the individual’s state of awareness. [1983 c.460 §5; 1995 c.664 §98; 2014 c.45 §58; 2023 c.228 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.235 - Petition to determine ability to give informed consent.

A petition for a determination of a person’s ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician, physician assistant or nurse practitioner of the person seeking sterilization, or by an interested person concerned with the respondent’s health and well-being. Such a petition shall be filed in the circuit court in the county in which the respondent resides or has domicile. [1983 c.460 §6; 2014 c.45 §59]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.245 - Petition content.

The petition for determination of ability to give informed consent for sterilization shall be executed under oath and shall set forth:
(1) The name, age and residence of the respondent.
(2) The names and residences of any parents, spouse, legal guardian or conservator of the respondent.
(3) A statement of the facts describing the respondent’s alleged inability to give informed consent for sterilization.
(4) A statement of facts indicating the likelihood or unlikelihood that the respondent will have the ability to make an informed decision about sterilization in the foreseeable future.
(5) A statement of the reasons for which sterilization is sought.
(6) The name, position and statement of interest of the person initiating the petition or any person assisting the respondent with a self-initiated petition. [1983 c.460 §7]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.255 - Court hearing on petition; notice.

(1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition.
(2) The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondent’s parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following:
(a) The spouse of the respondent, if any;
(b) The sibling of the respondent if there are no living parents;
(c) The system described in ORS 192.517 (1); and
(d) Such other persons as the court may determine have an interest in the respondent.
(3) If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondent’s parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service. [1983 c.460 §8; 1991 c.249 §36; 2003 c.14 §247; 2005 c.498 §10]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.265 - Appointment of counsel; payment of expenses.

(1) If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense, the court shall appoint suitable counsel to represent the respondent at state expense.
(2) If the respondent is not represented by counsel and appears to be unable to request counsel, the court shall appoint suitable counsel to represent the respondent.
(3) Counsel appointed by the court shall be paid compensation, as provided in ORS 135.055. When the court appoints counsel and the respondent is without sufficient financial means to employ counsel, the compensation for counsel and reasonable expenses of investigation, preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135.055. [1983 c.460 §9; 2001 c.962 §75]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.275 - Admissible evidence; subpoenas.

(1) At any hearing upon such petition, the court shall receive evidence concerning the respondent’s ability to give informed consent. Such evidence shall include, but shall not be limited to:
(a) Testimony from the respondent regarding the respondent’s receipt and understanding of the information set forth in ORS 436.225 (1); and
(b) Reports from an interdisciplinary team of at least three professionals who have experience working with disabilities similar to those affecting the respondent. The reports shall:
(A) Contain specific information regarding the respondent’s ability to give informed consent;
(B) Indicate the specific aspects, if any, of informed consent that the respondent lacks; and
(C) Contain a statement by each professional explaining the reason for the professional’s opinion.
(2) For purposes of subsection (1)(a) of this section, "testimony" means:
(a) Sworn testimony given in person by the respondent to the court at any hearing on the respondent’s ability to give informed consent to sterilization; or
(b) A sworn affidavit, if the respondent’s presence has been waived pursuant to ORS 436.285.
(3) The respondent or the respondent’s counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing.
(4) Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed. The person filing the petition or the respondent may have compulsory attendance of witnesses on behalf of the requesting party in the same manner as provided in ORS 136.567 to 136.603. The form of the subpoena shall be substantially as provided in ORS 136.575 (4) or (6), but shall describe the action as a "probate sterilization proceeding" and the appearance as on behalf of "the petitioner," or "the respondent." [1983 c.460 §10; 2001 c.255 §1]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.285 - Presence of respondent; waiver; medication.

The respondent shall be present at any hearing regarding respondent’s ability to give informed consent to sterilization, unless that right is waived by the person, personally or through the respondent’s attorney. The court shall approve of a waiver only if the presence of the respondent grossly interrupts the proceeding or such presence is medically contraindicated. The court shall inquire at the time of the hearing as to the types and effects of any medication being administered to or taken by the respondent. [1983 c.460 §11; 1991 c.67 §117]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.295 - Court determination of ability to consent.

(1) If the court does not determine by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization:
(a) If the court determines that the respondent has the ability to give informed consent to sterilization, the court shall issue an order so stating and permitting the sterilization to be performed. Prior to the performance of the sterilization, the physician, physician assistant or nurse practitioner and hospital involved shall obtain the written informed consent of the person for sterilization.
(b) If the respondent refuses to consent to sterilization, the court shall issue an order so stating and forbidding sterilization of the respondent, unless the respondent later makes a different choice and only after a rehearing under this section.
(2) If the court determines by clear and convincing evidence that the respondent lacks the ability to give informed consent for sterilization, the court shall retain its jurisdiction and continue the hearing to determine whether sterilization is in the best interests of the respondent. [1983 c.460 §12; 2001 c.255 §2; 2014 c.45 §60]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.305 - Evidence on best interests of respondent.

(1) In determining whether sterilization is in the best interest of the respondent, the court shall hear evidence including, but not limited to, medical, psychological and social evidence as to whether such sterilization is in the best interest of the individual as defined in ORS 436.205 (1).
(2) The respondent or counsel shall have the right to present evidence and to cross-examine witnesses who testify at the hearing. Witnesses or other persons necessary for the conduct of the hearing may be subpoenaed.
(3) The court shall give its consent to sterilization only if it finds by clear and convincing evidence that sterilization is in the best interest of the respondent. The court shall furnish findings to support its conclusion. [1983 c.460 §13]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.315 - Appointment of appeal counsel; payment of expenses.

If the respondent is determined to be financially eligible for appointed counsel at state expense, the court, upon the request of the person or upon its own motion, shall appoint suitable counsel to represent the respondent on appeal. Counsel appointed by the court shall be paid compensation, as provided in ORS 138.500. Compensation for counsel and costs and expenses necessary shall be determined and paid as provided in ORS 138.500. [1983 c.460 §16; 1985 c.502 §27; 2001 c.962 §76]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.325 - Effect on surgical procedures.

Nothing in this chapter limits surgical procedures which are medically indicated and which may result in sterilization. However, a hysterectomy shall not be performed solely for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female’s menses. [1983 c.460 §14]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 436 - Sterilization › Section 436.335 - Report on disposition; biennial review; report to Legislative Assembly.

(1) The disposition of all cases under this chapter shall be reported to the State Court Administrator. The State Court Administrator shall forward any reported information to the system described in ORS 192.517 (1).
(2) The system described in ORS 192.517 (1) shall review biennially all cases pertaining to sterilization under this chapter and shall report to the Legislative Assembly its assessment of the need for any changes in the procedures or standards set forth in this chapter. [1983 c.460 §15; 1985 c.309 §1; 1987 c.158 §83; 2003 c.14 §248; 2005 c.498 §11]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.030 - Policy.

It shall be the declarative purpose of ORS 438.010 to 438.510 to ensure the quality of medical laboratory work in order to protect the health and welfare of the people of the State of Oregon by establishing a regulatory program for clinical laboratories. [1969 c.685 §1; 2001 c.104 §169]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.040 - Laboratory license; out-of-state laboratory permit; qualifications of director.

It is unlawful:
(1) For any owner or director of a clinical laboratory to operate or maintain a clinical laboratory without a license issued under ORS 438.110 or without a temporary permit issued under ORS 438.150 or to perform or permit the performance of any laboratory specialty for which the laboratory is not licensed except as specified under ORS 438.050, unless the laboratory has been issued a valid certificate from the federal government under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a).
(2) For an out-of-state laboratory to perform health screen testing in Oregon without a permit issued under ORS 438.150 (5).
(3) For any person to serve in the capacity of director of a clinical laboratory without being qualified as a clinical laboratory director under ORS 438.210. [1969 c.685 §3; 1999 c.341 §1; 2005 c.22 §298]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.050 - Application; exceptions.

(1) ORS 438.010 to 438.510 apply to all clinical laboratories and laboratory personnel within the State of Oregon, except:
(a) Clinical laboratories operated by the United States Government.
(b) Clinical laboratories operated and maintained purely for research or teaching purposes, and that involve no patient or public health services.
(2) Nothing in ORS 438.010 to 438.510 is intended to confer on any licensed practitioner of the healing arts any authority the practitioner would not otherwise possess under the license. [1969 c.685 §§4,20; 1973 c.829 §54; 1979 c.193 §1; 1993 c.109 §4; 2001 c.104 §170]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.055 - Exemption.

Clinical laboratories operated by physicians or clinicians that conduct only waived tests and physician performed microscopy procedures used exclusively for the diagnosis and treatment of their patients shall not be subject to regulation that is more strict than regulation imposed under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578; 42 U.S.C. 201 and 263a). [1993 c.109 §12; 1999 c.341 §2]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.060 - Permit for health screen testing; exception.

Notwithstanding ORS 438.050, any person performing health screen testing must obtain a permit under ORS 438.150 (5). However, an employer providing health screen testing to employees of the employer is exempt from the applications of ORS 438.010, 438.130, 438.150 and this section if such employer contracts for the testing through a licensed physician, a clinical laboratory or a hospital, which is a permittee of the Oregon Health Authority as provided in this section. [1989 c.776 §3; 2009 c.595 §699]
2023 Oregon Revised Statutes › Volume : 12 - Public Health › Chapter 438 - Laboratories; Anatomical Material › Section 438.070 - Personnel; rules.

The Oregon Health Authority shall establish by rule the qualifications and responsibilities of technical and clinical consultants, general and technical supervisors and testing personnel. A person is qualified to act as a technical or clinical consultant, a general or technical supervisor, or a testing person in a clinical laboratory if the person meets the requirements established by the authority. Rules adopted under this section shall not be more stringent than comparable rules adopted under the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578; 42 U.S.C. 201 and 263a). [1993 c.109 §2; 2009 c.595 §700]