ORS Chapter 435
Chapter 435 — BirthControl; Termination of Pregnancy
2009 EDITION
BIRTHCONTROL; TERMINATION OF PREGNANCY
PUBLICHEALTH AND SAFETY
CONTRACEPTIVES;CONDOMS
435.010 Licenserequired for manufacture or sale of contraceptives; exception
435.020 Typesof licenses; application; display
435.030 Wholesaleand manufacturer license
435.050 Licenseissuance; fee; duration; rules
435.060 Revocationof licenses and seizure of equipment
435.070 Appealof revocation and seizure orders
435.080 Publicationof licensing regulations
435.090 Labeling;standards; expiration date
435.100 Standards;rules regarding enforcement
435.105 Inspectionprogram of certain stock of vendors
435.120 Dispositionof receipts
435.130 Jurisdictionover prosecutions
FAMILYPLANNING AND BIRTH CONTROL
435.200 Interferenceby public body with right to obtain and use safe and effective methods ofcontraception prohibited
435.205 Familyplanning and birth control services by public agencies; fees
435.215 Rightto refuse services protected
435.225 Refusalby employee to offer services
435.235 Constructionof ORS 435.205 to 435.235
EMERGENCYCONTRACEPTION
435.250 Policy
435.252 Definitionsfor ORS 435.252 and 435.254
435.254 Dutyof hospital to provide information about emergency contraception and to makeemergency contraception available to victim of sexual assault; informationalmaterials; rules
435.256 Civilpenalty
VOLUNTARYSTERILIZATION
435.305 Voluntarysterilization authorized; advice; consent
TERMINATIONOF PREGNANCY
435.435 Effectof refusal to consent to termination
435.475 Refusalto admit patient for termination
435.485 Medicalpersonnel not required to participate in termination
435.496 Reportto Center for Health Statistics; who has duty; report content
PENALTIES
435.990 Penalties
CONTRACEPTIVES;CONDOMS
435.010License required for manufacture or sale of contraceptives; exception. (1) Noappliances, drugs or medicinal preparations intended or having special utilityfor the prevention of conception or venereal diseases, or both, shall bemanufactured or sold at wholesale in this state without a license issued by theState Board of Pharmacy, as provided in ORS 435.010 to 435.130, which licensesshall be in addition to other licenses required by law.
(2)The prohibitions of subsection (1) of this section do not apply topractitioners as defined in ORS 689.005. [Amended by 1969 c.328 §1; 1977 c.328 §1;1979 c.777 §47]
435.020Types of licenses; application; display. (1) The following types of licenses shallbe 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 andfurnished by the board and one such license shall be obtained for eachwholesaler or manufacturer. Such licenses shall be publicly or conspicuouslydisplayed, and open to inspection by the board or other authorized persons. [Amendedby 1969 c.328 §2; 1973 c.104 §5; 1975 c.285 §1]
435.030Wholesale and manufacturer license. Wholesale and manufacturer licensesshall be issued only to persons authorized to sell or distribute theappliances, drugs or medicinal preparations mentioned in ORS 435.010. [Amendedby 1969 c.328 §3; 1977 c.328 §2]
435.035 [1973 c.104 §2;repealed by 1975 c.285 §8]
435.040 [Amended by1969 c.328 §4; 1973 c.104 §6; repealed by 1975 c.285 §8]
435.050License issuance; fee; duration; rules. (1) All licenses shall be issued by theState Board of Pharmacy on written application and payment of an annual licensefee 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 suchdate 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]
435.060Revocation of licenses and seizure of equipment. (1)Notwithstanding ORS chapter 183, the State Board of Pharmacy may revoke anylicense for violation of ORS 435.010 to 435.130 by notice in writing to theholder of such license, stating specifically the reasons for revocation.
(2)The board shall transmit a copy of such revocation to the Attorney General, whoshall thereupon instruct the sheriff of the county in which such licensee isdoing business thereunder to seize the written license. [Amended by 1969 c.328 §5;1971 c.734 §49; 1975 c.285 §3]
435.070Appeal of revocation and seizure orders. (1) A licensee may, within 30 days fromthe date of the service of notice of revocation, appeal to the circuit court ofthe county in which the licensee is doing business under the license for areview of the action of the State Board of Pharmacy in revoking the license andof 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 noticeof revocation and a denial or statement in writing and sworn to by the licenseeputting in issue such facts in connection therewith as the licensee may desireto dispute or put in controversy. A copy of this sworn statement shall beserved upon the State Board of Pharmacy by the licensee at the time of filingthe same.
(3)The court may then proceed to hear and dispose of the matter in a summarymanner upon such testimony and evidence as the licensee and the State Board ofPharmacy, the Attorney General or the district attorney of the county inquestion shall offer.
(4)If the court finds that the action of the State Board of Pharmacy in revokingsuch license or in making such seizure was without sufficient grounds, it shallorder the license to be reinstated and the property seized to be restored. Ifthe court finds that the licensee has been guilty of a violation of ORS 435.010to 435.130 and that the revocation of license was justifiable, the propertyseized shall be ordered by the court to be destroyed and the sheriff shallcarry out such order.
435.080Publication of licensing regulations. The State Board of Pharmacy shallprepare, print and distribute rules and regulations not inconsistent with law,for the conduct of proceedings for the issue, enforcement and revocation of thelicenses provided in ORS 435.010 to 435.130. [Amended by 1995 c.79 §222]
435.090Labeling; standards; expiration date. (1) Goods of the class specified in ORS435.010 shall be sold at wholesale or at retail in this state only if they:
(a)Specifically identify the manufacturer, date of manufacture or an expirationdate and the distributor thereof by firm name and address on the container inwhich the goods are sold or are intended to be distributed. All such goodsmanufactured 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 utilityfor the prevention of conception, each individual container manufactured forsale in Oregon must bear the date of manufacture or an expiration date. Allsuch drugs or medicinal preparations manufactured after December 31, 1994,shall bear an expiration date. [Amended by 1975 c.285 §4; 1977 c.328 §3; 1993c.571 §24; 2009 c.595 §689]
435.100Standards; rules regarding enforcement. (1) The Oregon Health Authority shalladopt and promulgate from time to time and have jurisdiction over theestablishing of such standards relating to and governing the articles andmedicinal preparations mentioned in ORS 435.010 as may be deemed necessary bythe authority in the interest of disease prevention.
(2)The State Board of Pharmacy may adopt other rules to enforce and carry out theprovisions 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 theclass specified in ORS 435.010 that comply with the standards prescribed undersubsection (1) of this section. [Amended by 1975 c.285 §5; 2009 c.595 §690]
435.105Inspection program of certain stock of vendors. In lieu of itsown inspection program, the State Board of Pharmacy may enter into an agreementwith the Oregon Health Authority or a county or district board of health. Theagreement shall authorize the authority or the board to make inspections of thecondom stock to determine that the stock consists only of brands that complywith standards promulgated under ORS 435.100 (1). The agreement shall includeauthority to enforce applicable rules of the State Board of Pharmacy and theauthority and such rules of the board shall be considered rules of theauthority or the county or district board of health. [1973 c.104 §3; 1975 c.285§6; 2009 c.595 §691]
435.110 [Amended by1969 c.328 §6; repealed by 1975 c.285 §8]
435.120Disposition of receipts. All license fees collected under ORS 435.010 to435.130 shall be retained and used by the board in carrying out and enforcingORS 435.010 to 435.130, except as provided in this section. [Amended by 1987c.905 §23]
435.130Jurisdiction over prosecutions. Justice courts have concurrentjurisdiction with the circuit courts over all violations of ORS 435.010 to435.130.
FAMILYPLANNING AND BIRTH CONTROL
435.200Interference by public body with right to obtain and use safe and effectivemethods of contraception prohibited. (1) A public body as defined in ORS174.109 or, except as provided in ORS 435.225, an officer, employee or agent ofa public body may not:
(a)Deprive a consenting individual of the right to obtain and use safe andeffective 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 toobtain 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 distributionof contraceptive devices, provided the laws, rules, ordinances or taxes aredesigned to promote public health and safety and do not unreasonably burdenpublic access to contraception.
(3)As used in this section:
(a)“Contraception” means the use of any process, device or method to preventpregnancy, including steroidal, chemical, physical or barrier, natural orpermanent methods for preventing the union of an ovum with the spermatozoon, orpreventing the subsequent implantation of the fertilized ovum in the uterus,and includes all postcoital methods, drugs or devices approved by the UnitedStates Food and Drug Administration to prevent pregnancy.
(b)“Pregnancy” is the period of time from implantation of a fertilized ovum in theuterus to delivery. A woman shall be presumed pregnant if she is premenopausaland exhibits signs of pregnancy, including missed menses, until disproved by alaboratory test or until delivery. [2007 c.182 §7]
435.205Family planning and birth control services by public agencies; fees. (1) The OregonHealth Authority and every county health department shall offer family planningand birth control services within the limits of available funds. Both agenciesjointly may offer such services. The Director of the Oregon Health Authority ora designee shall initiate and conduct discussions of family planning with eachperson who might have an interest in and benefit from such service. Theauthority shall furnish consultation and assistance to county healthdepartments.
(2)Family planning and birth control services may include interviews with trainedpersonnel; distribution of literature; referral to a licensed physician forconsultation, examination, medical treatment and prescription; and, to theextent so prescribed, the distribution of rhythm charts, the initial supply ofa drug or other medical preparation, contraceptive devices and similarproducts.
(3)Any literature, charts or other family planning and birth control informationoffered under this section in counties in which a significant segment of thepopulation does not speak English shall be made available in the appropriateforeign language for that segment of the population.
(4)In carrying out its duties under this section, and with the consent of thecounty governing body, any county health department may adopt a fee schedulefor services provided by the county health department. The fees shall be reasonablycalculated not to exceed costs of services provided and may be adjusted on asliding scale reflecting ability to pay.
(5)The county health department shall collect fees according to the scheduleadopted under subsection (4) of this section. Such fees may be used to meet theexpenses 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]
435.215Right to refuse services protected. The refusal of any person to acceptfamily planning and birth control services shall in no way affect the right ofsuch person to receive public assistance or any other public benefit and everyperson to whom such services are offered shall be so advised initially both orallyand in writing. Employees engaged in the administration of ORS 435.205 to435.235 shall recognize that the right to make decisions concerning familyplanning and birth control is a fundamental personal right of the individualand nothing in ORS 435.205 to 435.235 shall in any way abridge such individualright, nor shall any individual be required to state the reason for refusingthe offer of family planning and birth control services. [1967 c.491 §3; 1971c.779 §66; 1987 c.158 §81]
435.225Refusal by employee to offer services. Any employee of the Oregon HealthAuthority may refuse to accept the duty of offering family planning and birthcontrol services to the extent that such duty is contrary to the personal orreligious beliefs of the employee. However, such employee shall notify theimmediate supervisor in writing of such refusal in order that arrangements maybe made for eligible persons to obtain such information and services fromanother employee. Such refusal shall not be grounds for any disciplinaryaction, for dismissal, for any interdepartmental transfer, for any otherdiscrimination in employment, or for suspension from employment, or for anyloss in pay or other benefits. [1967 c.491 §4; 1971 c.779 §67; 2009 c.595 §693]
435.235Construction of ORS 435.205 to 435.235. ORS 435.205 to 435.235 shall beliberally construed to protect the rights of all individuals to pursue theirreligious beliefs, to follow the dictates of their own consciences, to preventthe imposition upon any individual of practices offensive to the individual’smoral standards, to respect the right of every individual to self-determinationin the procreation of children, and to insure a complete freedom of choice inpursuance of constitutional rights. [1967 c.491 §5]
EMERGENCYCONTRACEPTION
435.250Policy.The Legislative Assembly declares that:
(1)It is the public policy of this state that all Oregonians’ right to freedomfrom unreasonable government intrusion into their private lives, andspecifically the right of consenting individuals to obtain and use methods ofcontraception without interference by governmental entities, shall besafeguarded; and
(2)The laws of this state must be interpreted and construed to recognize andprotect these rights. [2007 c.182 §1]
435.252Definitions for ORS 435.252 and 435.254. As used in this section and ORS435.254:
(1)“Care to a victim of sexual assault” means a medical examination, procedure orservice provided by a licensed medical provider to a victim of sexual assault.
(2)“Culturally competent” means sensitive to the patient’s faith, race, ethnicityand national origin.
(3)“Emergency contraception” means the use of a drug or device that is approved bythe United States Food and Drug Administration to prevent pregnancy aftersexual intercourse.
(4)“Hospital” has the meaning given that term in ORS 442.015, excludinginstitutions 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 theindividual or who is accompanied by a person who states that the individual isa victim of sexual assault; or
(b)An individual who hospital personnel have reason to believe is a victim ofsexual assault. [2007 c.182 §4]
435.254Duty of hospital to provide information about emergency contraception and tomake emergency contraception available to victim of sexual assault; informationalmaterials; rules.(1) A hospital providing care to a female victim of sexual assault shall:
(a)Promptly provide the victim with unbiased, medically and factually accuratewritten and oral information about emergency contraception;
(b)Promptly orally inform the victim of her option to be provided emergencycontraception at the hospital; and
(c)If requested by the victim and if not medically contraindicated, provide thevictim 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 nonprofitorganizations that provide intervention and support services to victims ofsexual assault and their families, the Oregon Health Authority shall develop,prepare and produce informational materials relating to emergency contraceptionfor the prevention of pregnancy in victims of sexual assault for distributionto and use in all hospital emergency departments in the state, in quantitiessufficient to comply with the requirements of this section.
(b)The Director of the Oregon Health Authority, in collaboration with communitysexual assault programs and other relevant stakeholders, may approveinformational materials developed, prepared and produced by other entities forthe 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 andeffectiveness in preventing pregnancy, including but not limited to thefollowing facts:
(i)Emergency contraception has been approved by the United States Food and DrugAdministration as an over-the-counter medication for women 18 years of age orolder and is a safe and effective way to prevent pregnancy after unprotectedsexual 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 authority shall respond to complaints of violations of ORS 435.256 inaccordance with ORS 441.057.
(4)The authority shall incorporate the requirements of this section in rulesadopted pursuant to ORS 441.025 that prescribe the care to be given to patientsat hospitals.
(5)The director shall adopt rules necessary to carry out the provisions of thissection.
(6)Information required t