Oregon Statutes 109.640 – Right to reproductive health care, medical treatment or dental treatment without parental consent
(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.
Terms Used In Oregon Statutes 109.640
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2)(a) As used in this subsection, ‘health care provider’ means a physician, physician assistant 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 assistant 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 assistant 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]