Oregon
127.885 s.4.01. Immunities; basis for prohibiting health care provider from
participation; notification; permissible sanctions.
Except as provided in ORS 127.890:
(1) No person shall be subject to civil or criminal liability or
professional disciplinary action for participating in good faith compliance
with ORS 127.800 to 127.897. This includes being present when a qualified
patient takes the prescribed medication to end his or her life in a humane
and dignified manner.
(2) No professional organization or association, or health care provider,
may subject a person to censure, discipline, suspension, loss of license,
loss of privileges, loss of membership or other penalty for participating or
refusing to participate in good faith compliance with ORS 127.800 to
127.897.
(3) No request by a patient for or provision by an attending physician of
medication in good faith compliance with the provisions of ORS 127.800 to
127.897 shall constitute neglect for any purpose of law or provide the sole
basis for the appointment of a guardian or conservator.
(4) No health care provider shall be under any duty, whether by contract,
by statute or by any other legal requirement to participate in the provision
to a qualified patient of medication to end his or her life in a humane and
dignified manner. If a health care provider is unable or unwilling to carry
out a patient's request under ORS 127.800 to 127.897, and the patient
transfers his or her care to a new health care provider, the prior health
care provider shall transfer, upon request, a copy of the patient's relevant
medical records to the new health care provider.
(5)(a) Notwithstanding any other provision of law, a health care provider
may prohibit another health care provider from participating in ORS 127.800
to 127.897 on the premises of the prohibiting provider if the prohibiting
provider has notified the health care provider of the prohibiting provider's
policy regarding participating in ORS 127.800 to 127.897. Nothing in this
paragraph prevents a health care provider from providing health care
services to a patient that do not constitute participation in ORS 127.800 to
127.897.
(b) Notwithstanding the provisions of subsections (1) to (4) of this
section, a health care provider may subject another health care provider to
the sanctions stated in this paragraph if the sanctioning health care
provider has notified the sanctioned provider prior to participation in ORS
127.800 to 127.897 that it prohibits participation in ORS 127.800 to
127.897:
(A) Loss of privileges, loss of membership or other
sanction provided pursuant to the medical staff bylaws, policies and
procedures of the sanctioning health care provider if the sanctioned
provider is a member of the sanctioning provider's medical staff and
participates in ORS 127.800 to 127.897 while on the health care facility
premises, as defined in ORS 442.015, of the sanctioning health care
provider, but not including the private medical office of a physician or
other provider;
(B) Termination of lease or other property contract or other nonmonetary
remedies provided by lease contract, not including loss or restriction of
medical staff privileges or exclusion from a provider panel, if the
sanctioned provider participates in ORS 127.800 to 127.897 while on the
premises of the sanctioning health care provider or on property that is
owned by or under the direct control of the sanctioning health care
provider; or
(C) Termination of contract or other nonmonetary remedies provided by
contract if the sanctioned provider participates in ORS 127.800 to 127.897
while acting in the course and scope of the sanctioned provider's capacity
as an employee or independent contractor of the sanctioning health care
provider. Nothing in this subparagraph shall be construed to prevent:
(i) A health care provider from participating in ORS
127.800 to 127.897 while acting outside the course and scope of the
provider's capacity as an employee or independent contractor; or
(ii) A patient from contracting with his or her attending physician and
consulting physician to act outside the course and scope of the provider's
capacity as an employee or independent contractor of the sanctioning health
care provider.
(c) A health care provider that imposes sanctions pursuant to paragraph
(b) of this subsection must follow all due process and other procedures the
sanctioning health care provider may have that are related to the imposition
of sanctions on another health care provider.
(d) For purposes of this subsection:
(A) "Notify" means a separate statement in writing to
the health care provider specifically informing the health care provider
prior to the provider's participation in ORS 127.800 to 127.897 of the
sanctioning health care provider's policy about participation in activities
covered by ORS 127.800 to 127.897.
(B) "Participate in ORS 127.800 to 127.897" means to perform the duties of
an attending physician pursuant to ORS 127.815, the consulting physician
function pursuant to ORS 127.820 or the counseling function pursuant to ORS
127.825. "Participate in ORS 127.800 to 127.897" does not include:
(i) Making an initial determination that a patient has a
terminal disease and informing the patient of the medical prognosis;
(ii) Providing information about the Oregon Death with
Dignity Act to a patient upon the request of the patient;
(iii) Providing a patient, upon the request of the
patient, with a referral to another physician; or
(iv) A patient contracting with his or her attending
physician and consulting physician to act outside of the course and scope of
the provider's capacity as an employee or independent contractor of the
sanctioning health care provider.
(6) Suspension or termination of staff membership or privileges under
subsection (5) of this section is not reportable under ORS 441.820. Action
taken pursuant to ORS 127.810, 127.815, 127.820 or 127.825 shall not be the
sole basis for a report of unprofessional or dishonorable conduct under ORS
677.415 (2) or (3).
(7) No provision of ORS 127.800 to 127.897 shall be construed to allow a
lower standard of care for patients in the community where the patient is
treated or a similar community. [1995 c.3 s.4.01; 1999 c.423 s.10]
Note: As originally enacted by the people, the leadline
to section 4.01 read "Immunities." The remainder of the leadline was added
by editorial action.
435.215 Right to refuse services protected.
The refusal of any person to accept family planning and birth control
services shall in no way affect the right of such person to receive public
assistance or any other public benefit and every person to whom such
services are offered shall be so advised initially both orally and in
writing. Employees engaged in the administration of ORS 435.205 to 435.235
shall recognize that the right to make decisions concerning family planning
and birth control is a fundamental personal right of the individual and
nothing in ORS 435.205 to 435.235 shall in any way abridge such individual
right, nor shall any individual be required to state the reason for refusing
the offer of family planning and birth control services. [1967 c.491 s.3;
1971 c.779 s.66; 1987 c.158 s.81]
435.225 Refusal by employee to offer services.
Any employee of the Adult and Family Services Division may refuse to
accept the duty of offering family planning and birth control services to
the extent that such duty is contrary to the personal or religious beliefs
of the employee. However, such employee shall notify the immediate
supervisor in writing of such refusal in order that arrangements may be made
for eligible persons to obtain such information and services from another
employee. Such refusal shall not be grounds for any disciplinary action, for
dismissal, for any interdepartmental transfer, for any other discrimination
in employment, or for suspension from employment, or for any loss in pay or
other benefits. [1967 c.491 s.4; 1971 c.779 s.67]
435.235 Construction of ORS 435.205 to 435.235.
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 procreation of
children, and to insure a complete freedom of choice in pursuance of
constitutional rights. [1967 c.491 s.5]
435.435 Effect of refusal to consent to termination.
The refusal of any person to consent to a termination of pregnancy or to
submit thereto shall not be grounds for loss of any privilege or immunity to
which the person is otherwise entitled nor shall consent to or submission to
a termination of pregnancy be imposed as a condition to the receipt of any
public benefits. [1969 c.684 ss.7,12; 1983 c.470 s.5]
435.475 Refusal to admit patient for termination.
(1) 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 notify
the person seeking admission to the hospital of its policy.
(2) All hospitals that have not adopted a policy not to admit patients
seeking termination of a pregnancy shall admit patients seeking such
termination in the same manner and subject to the same conditions as imposed
on any other patient seeking admission to the hospital.
(3) No hospital operated by this state or by a political subdivision in
this state is authorized to adopt a policy of excluding or denying admission
to any person seeking termination of a pregnancy. [1969 c.684 s.9; 1983
c.470 s.2]
435.485 Medical personnel not required to participate in termination.
(1) No physician is 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 so advises the patient.
(2) No hospital employee or member of the hospital medical staff is
required to participate in any termination of a pregnancy if the employee or
staff member notifies the hospital of the election not to participate in
such terminations. [1969 c.684 ss.10,11; 1983 c.470 s.3]
(The following provisions from HB 2700, 9 March, 2007, have been
incorporated into the Oregon Revised Statutes, 750.055 and 750.333. The bill
was signed by the Governor on 31 May, 2007)
(1) A prescription drug benefit program, or a prescription drug benefit
offered under a health benefit plan as defined in ORS 743.730 or under a
student health insurance policy, must provide payment, coverage or
reimbursement for:
(a) Prescription contraceptives; and
(b) If covered for other drug benefits under the program, plan or policy,
outpatient consultations, examinations, procedures and medical services that
are necessary to prescribe, dispense, deliver, distribute, administer or
remove a prescription contraceptive.
(2) The coverage required by subsection (1) of this section may be
subject to provisions of the program, plan or policy that apply equally to
other prescription drugs covered by the program, plan or policy, including
but not limited to required copayments, deductibles and coinsurance.
(3) As used in this section, 'contraceptive' means a drug or device
approved by the United States Food and Drug Administration to prevent
pregnancy.
(4) A religious employer is exempt from the requirements of this section
with respect to a prescription drug benefit program or a health benefit plan
it provides to its employees. A 'religious employer' is an employer:
(a) Whose purpose is the inculcation of religious
values;
(b) That primarily employs persons who share the religious tenets of the
employer;
(c) That primarily serves persons who share the religious tenets of the
employer; and
(d) That is a nonprofit organization under section 6033(a)(2)(A)(i) or (iii)
of the Internal Revenue Code