ORS 109.640: Right to reproductive health care, medical treatment or dental treatment without parental consent.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section, “reproductive health care” has the meaning given that term in ORS 435.190, except that “reproductive health care” does not include the elective sterilization of a minor under 15 years of age. (2)(a) As used in this subsection, “health care provider” means a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390 or a pharmacist licensed under ORS chapter 689. (b) A minor under 15 years of age may give consent, without the consent of a parent or guardian of the minor, to an abortion only if the abortion is provided by a health care provider who is acting within the health care provider’s scope of practice and who reasonably believes, in the health care provider’s professional judgment, that: (A) Involving the parent or guardian of the minor may result in the physical or emotional abuse of the minor or the neglect of the minor; or (B) Requiring the consent of a parent or guardian of the minor would not be in the best interest of the minor, for the reasons documented by the health care provider after obtaining the concurrence of another health care provider who is associated with a separate medical practice or facility. (3) Except as provided in subsection (2) of this section and notwithstanding subsection (4) of this section, a minor of any age may give consent, without the consent of a parent or guardian of the minor, to receive reproductive health care information and services from a health care provider who is a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, pharmacist licensed under ORS chapter 689 or naturopathic physician licensed under ORS chapter 685, and who is acting within the provider’s scope of practice. (4) A minor 15 years of age or older may give consent, without the consent of a parent or guardian of the minor, to: (a) Hospital care, medical or surgical diagnosis or treatment by a physician licensed by the Oregon Medical Board or a naturopathic physician licensed under ORS chapter 685, and dental or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of Dentistry. (b) Diagnosis or treatment by a physician associate who is licensed under ORS 677.505 to 677.525 and who is acting pursuant to a collaboration agreement as defined in ORS 677.495. (c) Diagnosis and treatment by a nurse practitioner who is licensed by the Oregon State Board of Nursing under ORS 678.375 and who is acting within the scope of practice for a nurse practitioner. (d) Except when the minor is obtaining contact lenses for the first time, diagnosis and treatment by an optometrist who is licensed by the Oregon Board of Optometry under ORS 683.010 to 683.340 and who is acting within the scope of practice for an optometrist. (5) If a person, including a health care provider, has reasonable cause to believe that a minor the person comes into contact with under this section has suffered abuse, as defined in ORS 419B.005, the person shall immediately comply with the person’s mandatory child abuse reporting duties under ORS 419B.010. [1971 c.381 §1; 2005 c.471 §7; 2010 c.91 §1; 2014 c.45 §11; 2017 c.356 §4; 2021 c.349 §14; 2023 c.228 §8; 2024 c.73 §27]
Administrative rules citing this section
- OAR 333-003-5000: COVID-19 Related Requirements: Consent to Vaccination — authority
- OAR 413-020-0100: Purpose — implements
- OAR 413-020-0120: Responsibility of Staff to Secure a Legal Consent — implements
- OAR 413-020-0130: Department Authority in Voluntary Placement and Voluntary Custody Agreements — implements
- OAR 413-020-0140: Exercise and Delegation of Legal Authority — implements
- OAR 413-020-0150: Exercise and Delegation of Guardian Authority — implements
- OAR 413-020-0160: Actions Not Authorized — implements
- OAR 413-070-0400: Purpose — implements
- OAR 413-070-0430: Department Records, Medication Review, and Consent and Authorization Requirements — implements
- OAR 413-070-0450: Disclosure Requirements for a Child or Young Adult in Substitute Care — implements
- OAR 413-070-0470: Substitute Caregiver Responsibilities — implements
- OAR 413-070-0480: Notification Timelines for Psychotropic Medication Therapy — implements
- OAR 413-070-0490: Notification Content for Psychotropic Medication Therapy — implements
This rule cites
- ORS 435.190 — resolved
- ORS 677.505 — resolved
- 677.525 — resolved
- ORS 678.375 — resolved
- 678.390 — resolved
- ORS chapter 689 — target_record_not_published
- ORS chapter 685 — target_record_not_published
- ORS 677.495 — resolved
- ORS 683.010 — resolved
- 683.340 — resolved
Cited by
- ORS 109.650: Disclosure without minor’s consent and without liability.
- ORS 418.307: Medical or dental treatment of children without consent; conditions; immunity of treating personnel.
- ORS 433.267: Immunization of school children; rules; exceptions; effect of failure to comply.
- ORS 441.054: Discharge of patients receiving mental health treatment.
- OAR 333-003-5000: COVID-19 Related Requirements: Consent to Vaccination
- OAR 333-071-0400: Organization Policies
- OAR 333-076-0130: ASC Policies and Procedures
- OAR 333-076-0930: ESC Policies and Procedures
- OAR 333-505-0030: Organization, Hospital Policies
- OAR 333-505-0055: Discharge Planning Requirements
- OAR 333-505-0120: Emergency Contraception
- OAR 333-520-0070: Emergency Department and Emergency Services
- OAR 410-120-1990: Telehealth
- OAR 413-020-0150: Exercise and Delegation of Guardian Authority
- OAR 413-020-0170: General Provisions
- OAR 413-070-0430: Department Records, Medication Review, and Consent and Authorization Requirements
- OAR 416-340-0020: General Standards
- OAR 836-053-1403: Definitions of Coordinated Care and Case Management for Behavioral Health Care Services
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors109.html