Oregon Revised Statutes
Chapter 435 — Reproductive Health Care and Rights
42 sections
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 b…
The following types of licenses shall be issued by the State Board of Pharmacy under ORS 435.010 to 435.130:
Wholesale licenses.
Manufacturing licenses.
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…
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.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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.
Licenses shall be in effect for one year from January 1 of each year or such date as may be specified by board rule.
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.
The board shall transmit a copy of such revocation to the Attorney General, who shall thereupon instruct the sheriff of the county in …
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.
The appeal shall be taken b…
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.
Goods of the class specified in ORS 435.010 shall be sold at wholesale or at retail in this state only if they:
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 afte…
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.
The State Board of Pharmacy may adopt other rules …
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 consis…
No operative statutory text appears at this designation in the selected edition.
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.
Justice courts have concurrent jurisdiction with the circuit courts over all violations of ORS 435.010 to 435.130.
REPRODUCTIVE HEALTH RIGHTS, INFORMATION AND SERVICES
As used in ORS 435.190 to 435.245:
“Contraception” includes:
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;
All postcoital methods, drugs or devices to prevent pregnancy; and
Any other proc…
No operative statutory text appears at this designation in the selected edition.
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 pers…
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.
Note: 435.210 was made a part of 435.19…
An individual’s acceptance or refusal to accept reproductive health care information and services may not:
Be grounds for the loss of any privilege or immunity to which the individual is otherwise entitled; or
Affect the individual’s right to receive public assistance, medical assistance, as defined in ORS 414.025, or any other public benefit.
An officer,…
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…
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.
In order to receive state or federal funding or reimbursement from the authority for the provision of reproductive health services, a health care provider…
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 procrea…
A public body or, except as provided in ORS 435.225, an officer, employee or agent of a public body may not:
Deprive a consenting individual of the choice of exercising the individual’s reproductive health rights under ORS 435.210;
Interfere with or restrict, in the regulation of benefits, facilities, services or information, the choice of a consenting ind…
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.
The court may award reasonable attorney fees and costs to a prevailing plaintiff in an action under this section.
ORS 30.260 to 30.300 apply to an action under this section.
E…
The Legislative Assembly declares that:
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
The laws…
As used in this section and ORS 435.254:
“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.
“Culturally competent” means sensitive to the patient’s faith, race, ethnicity and national origin.
“Emergency contraception” means the use of a drug or devic…
A hospital providing care to a female victim of sexual assault shall:
Promptly provide the victim with unbiased, medically and factually accurate written and oral information about emergency contraception;
Promptly orally inform the victim of her option to be provided emergency contraception at the hospital; and
If requested by the victim and if not medic…
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.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
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 no…
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.
A hospital employee or member of the hospital …
No operative statutory text appears at this designation in the selected edition.
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 …
Violation of any of the provisions of ORS 435.010 to 435.130 is a Class C misdemeanor.
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.
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