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State Laws

Oregon


Political Information

Executive (Governor)

Pro-choice

Senate

Pro-choice

House

Pro-choice

Abortion-Care Policies

Abortion Providers

Abortion Providers: Expanded Access to Surgical Abortion

Nurse Practitioners in Oregon provide surgical abortion. There are no provisions in Oregon law that prohibit Nurse Practitioners from providing surgical abortion. Ore. Rev. Stat. §678.155, .375, 380 (Enacted 1979; Last Amended 2009).

The State Board of Nursing issued a decision stating that suction and aspiration abortions are within the scope of practice of properly trained Family Health Nurse Practitioners. (documentation on file in NARAL offices)


Abortion Rights

Protections: Freedom of Choice Act (FOCA)

Oregon has created additional protections for reproductive rights by adding an affirmative right to choose into its state law. This law ensures women’s access to pre-viability abortion services and would remain in effect even if Roe v. Wade were overturned.

  


Biased Counseling

No state measure.

Mandatory Delays

No state measure.

Insurance Coverage & Abortion

Supports Insurance Coverage of Contraception

Oregon law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception.

What is required?  If a health-insurance plan provides coverage for prescription medication, it must provide coverage for Food and Drug Administration-approved prescription contraception.  

To which insurance plans does the law apply?  A prescription drug benefit program, or a prescription drug benefit offered under a student health insurance policy or health benefit plan, including a hospital expense, medical expense or hospital or medical expense policy or certificate, health care service contractor or health maintenance organization subscriber contract, any plan provided by a multiple employer welfare arrangement or by another benefit arrangement defined in the federal Employee Retirement Income Security Act of 1974, as amended.

Does the law provide additional protections for women?  Yes.  Insurers must cover outpatient consultations, examinations, procedures and medical services that are necessary to prescribe, dispense, deliver, distribute, administer or remove a prescription contraceptive, if covered for other prescription medication.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage?  Yes.

To whom does the refusal clause apply?  Religious employers for whom contraception is contrary to their religious tenets.

What does the refusal clause allow?  A religious employer may require issuers of its health-insurance plans to exclude coverage for contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women?  No.  The law carefully defines the term "religious employer" as a nonprofit organization that has the purpose of inculcating religious values and primarily employs and serves persons who share the religious tenets of the entity. This exemption appropriately applies to religious entities but not broad-based entities that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected?  No.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause?  No.

Has a court considered the constitutionality of this law?  No.   

Or. Rev. Stat. §743A.066 (Enacted 2007, Amended 2015).


Improves Insurance Coverage of Contraception

Oregon law requires health-insurance plans cover dispensing of a 12-month supply of prescription contraceptives.

What is required?  Health-insurance plans must reimburse providers and pharmacies for dispensing a 12-month supply of contraceptives.

Or. Rev. Stat. §743A.066 (Enacted 2007, Amended 2015).


Improves Insurance Coverage of Contraception

What is required?  

Oregon law builds upon federal law by requiring that insurers cover all unique therapeutic products for contraception without cost-sharing, including those available over the counter when obtained with a prescription.  If a prescriber deems a certain contraceptive drug or device medically necessary for a patient, the insurer must cover it.  Insurers must also cover patient education and counseling on contraception, and related services, such as device insertion and removal.

To which insurance plans does the law apply?  

All health-insurance plans issued, modified, renewed, or extended on or after January 1, 2019.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage?  

Yes.

To whom does the refusal clause apply?  

A religious employer for whom contraception is contrary to its religious tenets, such as houses of worship.

What does the refusal clause allow?  

A religious employer may require issuers of its health-insurance plans to exclude coverage for contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women?  

No.  The law carefully defines the term "religious employer" as a nonprofit organization that has the purpose of inculcation of religious values and that primarily employs and serves persons who share the religious tenets of the entity.  This definition appropriately covers houses of worship but not broad-based religious organizations that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected?  

Yes.  An employer exercising a refusal clause must provide written notice of the exclusions to employees.

Are there circumstances under which a refusal clause may not be exercised?  

No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause?  

No.

Has a court considered the constitutionality of this law?  No.

§731.036(3) (Enacted 2017). H.B.3391, 79th Leg., Reg. Sess. (Or. 2017); Or. Rev. Stat. § 743A.066 (2015); Or. Rev. Stat. § 743B.005 (2015).


Improves Insurance Coverage of Contraception

What is required?  

Oregon law builds upon federal law by requiring that insurers cover all unique therapeutic products for contraception without cost-sharing, including those available over the counter when obtained with a prescription.  If a prescriber deems a certain contraceptive drug or device medically necessary for a patient, the insurer must cover it.  Insurers must also cover patient education and counseling on contraception, and related services, such as device insertion and removal.

To which insurance plans does the law apply?  

All health-insurance plans issued, modified, renewed, or extended on or after January 1, 2019.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage?  

Yes.

To whom does the refusal clause apply?  

A religious employer for whom contraception is contrary to its religious tenets, such as houses of worship.

What does the refusal clause allow?  

A religious employer may require issuers of its health-insurance plans to exclude coverage for contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women?  

No.  The law carefully defines the term "religious employer" as a nonprofit organization that has the purpose of inculcation of religious values and that primarily employs and serves persons who share the religious tenets of the entity.  This definition appropriately covers houses of worship but not broad-based religious organizations that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected?  

Yes.  An employer exercising a refusal clause must provide written notice of the exclusions to employees.

Are there circumstances under which a refusal clause may not be exercised?  

No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause?  

No.

Has a court considered the constitutionality of this law?  No.

§731.036(3) (Enacted 2017). H.B.3391, 79th Leg., Reg. Sess. (Or. 2017); Or. Rev. Stat. § 743A.066 (2015); Or. Rev. Stat. § 743B.005 (2015).


Supports Abortion Coverage in the State

Does Oregon require statewide private insurance coverage of abortion services?  

Yes.  Private health-insurance plans must include abortion coverage without exclusions or limitations, and without any cost-sharing.  Insurers are exempted from this requirement if all of their individual and employer group plans excluded abortion coverage in 2017. Religious employers are not required to provide this coverage. §731.036(3) (Enacted 2017), H.B.3391, 79th Leg., Reg. Sess. (Or. 2017).


Low-Income Women & Abortion

Supports Low-Income Women’s Access to Abortion

Oregon allows women eligible for state medical assistance for general health care to obtain public funds for abortion services.  Or. Admin. R. 410-130-0562;  Or. Dep’t of Human Servs., Office of Medical Assistance Programs, Medical-Surgical Servs. Rulebook, 410-130-0562 (Dec. 2012), at http://www.dhs.state.or.us/policy/healthplan/guides/medsurg/130rb122812.pdf.

A court held that a previous regulation that limited state medical assistance for abortion care to cases of life endangerment, as well as one elective abortion for a woman 18 or older and two elective abortion procedures for a woman under 18, was unconstitutional under the Oregon constitution.  The court found that the regulation was inconsistent with legislative policy and that it imposed arbitrary limitations.  Planned Parenthood Ass’n v. Dep’t. of Human Res., 687 P.2d 785 (Or. 1984).


Young Women & Abortion

No state measure.

Family-Planning Policies

Insurance Coverage & Contraception

No state measure.

Low-Income Women & Contraception

Supports Low-Income Women’s Access to Contraception

Oregon provides increased access to reproductive-health-care services through a Section 1115 family-planning waiver.  The waiver allows the state to cover family-planning services for all men and women of childbearing age with incomes below 255 percent of the federal poverty level who are not enrolled in traditional Medicaid state and federal health-care programs.  Additionally, enrollees must be (1) U.S. citizens or persons who meet the state’s defined immigration requirements and (2) Oregon residents.

Beneficiaries of family-planning coverage available through the waiver are not required to pay premiums or co-payments for covered services.  Covered services include: contraceptive education and counseling; contraceptives (includes FDA-approved over-the-counter medication, injectables and implants); office visits, examinations and HIV blood screenings/STI testing in conjunction with a family-planning encounter.  

The waiver is set to expire on Dec. 31, 2021.

Oregon ContraceptiveCare, Project No. 11-W-00142/0, at https://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Waivers/1115/downloads/or/Contraceptive-Care/or-contraceptive-care-state-ext-accep-ltr-aug-2016.pdf.


Supports Low-Income Women’s Access to Contraception

MEDICAID COVERAGE OF EMERGENCY CONTRACEPTION (EC)

Oregon provides Medicaid coverage of emergency contraception without a prescription.

Oregon Health Authority, Pharmaceutical Services Administrative Rulebook, Chapter 410 Division 121 (July 1, 2018), at

https://www.oregon.gov/oha/HSD/OHP/Policies/121rb-070118.pdf


Improves Insurance Coverage of Contraception

Oregon regulations require Medicaid plans to cover dispensing a 12-month supply of FDA-approved contraceptives.

Or. Admin. R. 333-004-0040 (2018)


Emergency Contraception

EC in the ER

Oregon law ensures that sexual-assault survivors receive access to emergency contraception (EC) in hospital emergency rooms.  As part of the minimum standards for the examination and treatment of a sexual-assault survivor, a physician or other health-care provider must provide a woman with medically and factually accurate written and oral information about EC, offer her EC, and provide EC upon request. Or. Rev. Stat. § 435.252-.256 (Enacted 2007).

Oregon law establishes the Sexual Assault Victims’ Emergency Medical Response Fund. The fund pays for sexual-assault survivors’ medical assessments, which include the offering and provision of EC upon request. Or. Rev. Stat. § 147.005 (Enacted 2003); Or. Admin. R. § 137-084-0001, -0010, -0020.


Other Important Issues

Clinic Protections

Clinic Protections

A person who intentionally damages the property of a medical facility, uses the property of a medical facility to interfere with its efficiency, or damages property by intentionally interfering with the service of a medical facility is guilty of the felony of criminal mischief.  Or. Rev. Stat. § 164.365 (Enacted 1972; Amended 2003).


Fake Health Centers

No state measure.

Refusals & Guarantees

Refusals of Medical Care

ABORTION REFUSAL CLAUSE

Oregon allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Physicians, medical staff members, and hospitals.  

What does the refusal clause allow? Allows physicians to refuse to participate in or give advice about abortion if he or she discloses this election to the patient. Allows hospital employees and medical staff members who notify the hospital of an election against participating in abortion tp refuse to participate. Allows private hospitals to refuse to admit a woman for the purpose of abortion. The refusal of a private hospital to participate in abortion, in accordance with a policy not to admit women for abortion, may not be a basis for civil liability where the hospital notifies the woman seeking admission of its policy. Public hospitals are not permitted to adopt policies of refusing admission to women seeking abortion services.

Does the law require the refusing entity to notify the persons affected? Yes. Private hospitals must notify women seeking admission for abortion services of their policy. Physicians must disclose their refusal to the patient.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Or. Rev. Stat. §§ 435.475, .485 (Enacted 1969; Last Amended 1983).

FAMILY-PLANNING REFUSAL CLAUSE

Oregon allows certain individuals to refuse to provide family-planning services.

To whom does the refusal clause apply? Individuals.

What does the refusal clause allow? Any employee of the Department of Human Services, who objects in writing on the basis of personal or religious beliefs, may refuse to offer family-planning services. A refusal may not be the basis for discrimination, discipline, or loss in pay or benefits.

Must the refusal be in writing? Yes.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family-planning services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.  However, the employee’s immediate supervisor is authorized to make arrangements for eligible persons to obtain family-planning services from another employee.

Or. Rev. Stat. § 435.225 (Enacted 1967; Last Amended 1971)

INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL CLAUSE

Although Oregon law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception, certain employers may require that their plans exclude coverage for contraception.

To whom does the refusal clause apply? Religious employers for whom contraceptive methods are contrary to their religious tenets.

What does the refusal clause allow? A religious employer may require issuers of its health-insurance plans to exclude coverage for contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women? No.  The law appropriately defines the term "religious employer" as a non-profit organization that has the purpose of inculcation of religious values and that primarily employs and serves persons who share the religious tenets of the entity.  This narrow definition is appropriately limited in scope, applying to religious entities but not broad-based entities that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause? No.

Or. Rev. Stat. § 743A.066 (Enacted 1967; Last Amended 2012).


Counseling & Referral Bans

No state measure.

Everyone should be able to decide if, when, how, and with whom they start or grow a family.

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