ORS 109.675: Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A minor 14 years of age or older may obtain, without parental knowledge or consent: (a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a physician or physician associate licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practitioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the State Board of Licensed Social Workers, a professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. (b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis interventionist. (2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to: (a) A minor who has been sexually abused by a parent; or (b) An emancipated minor, whether emancipated under the provisions of ORS 109.621 and 109.625 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section. [1985 c.525 §1; 1989 c.721 §47; 1993 c.546 §137; 1997 c.249 §38; 2009 c.442 §30; 2009 c.595 §71; 2013 c.178 §1; 2014 c.45 §13; 2017 c.6 §1; 2017 c.356 §6; 2023 c.500 §7; 2024 c.73 §29]
Administrative rules citing this section
- OAR 309-018-0100: Purpose and Scope — implements
- OAR 309-018-0105: Definitions — implements
- OAR 309-018-0107: Certification Required — implements
- OAR 309-018-0110: Provider Policies — implements
- OAR 309-018-0115: Individual Rights — implements
- OAR 309-018-0135: Entry — implements
- OAR 309-019-0100: Purpose and Scope — implements
- OAR 309-019-0115: Individual Rights — implements
- OAR 309-019-0130: Personnel Documentation, Training, and Supervision — implements
- OAR 309-019-0233: Initiating ACT Certification — authority
- OAR 309-022-0100: Purpose and Scope — implements
- OAR 309-022-0105: Definitions — implements
- OAR 309-022-0110: Provider Policies — implements
- OAR 309-022-0115: Individual Rights — implements
- OAR 309-022-0120: Licensing and Credentialing — implements
- OAR 309-022-0125: Specific Staff Qualifications and Competencies — implements
- OAR 309-022-0130: Documentation, Training, and Supervision — implements
- OAR 309-022-0135: Entry and Assessment — implements
- OAR 309-022-0140: Service Planning and Coordination — implements
- OAR 309-022-0145: Service Record — implements
- OAR 309-022-0150: Minimum Program Requirements — implements
- OAR 309-022-0155: General Staffing Requirements — implements
- OAR 309-022-0160: Program Specific Requirements — implements
- OAR 309-022-0165: Behavior Support Services — implements
- OAR 309-022-0170: Emergency Safety Interventions — implements
- OAR 309-022-0175: Restraint and Seclusion — implements
- OAR 309-022-0180: Transfer and Continuity of Care — implements
- OAR 309-022-0185: Quality Assessment and Performance Improvement — implements
- OAR 309-022-0190: Grievances and Appeals — implements
- OAR 309-022-0192: Variance — implements
- OAR 413-020-0170: General Provisions — implements
- OAR 413-070-0450: Disclosure Requirements for a Child or Young Adult in Substitute Care — implements
This rule cites
- ORS 430.620 — resolved
- ORS 676.802 — resolved
- ORS 676.810 — resolved
- ORS 676.815 — resolved
- ORS 109.621 — resolved
- 109.625 — resolved
- 419B.550 — target_record_not_published
- 419B.558 — target_record_not_published
Cited by
- ORS 109.680: Disclosure by mental health care provider without minor’s consent; civil immunity.
- ORS 109.685: Immunity from civil liability for person providing treatment or diagnosis.
- ORS 109.690: Parent or guardian not liable for payment under ORS 109.675.
- ORS 109.695: Rules for implementation of ORS 109.675 to 109.695.
- ORS 441.054: Discharge of patients receiving mental health treatment.
- OAR 333-505-0055: Discharge Planning Requirements
- OAR 333-520-0070: Emergency Department and Emergency Services
- OAR 410-120-1990: Telehealth
- OAR 413-020-0170: General Provisions
- OAR 413-070-0450: Disclosure Requirements for a Child or Young Adult in Substitute Care
- 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