71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session

Introduced HB 2071 Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of Representative Bill Witt) -- Relating to abortion. 01/22 (H) First reading. Referred to Speaker's desk. 01/25 (H) Referred to Health and Public Advocacy. 07/07 (H) In committee upon adjournment.


NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 556

House Bill 2071 Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed at the request of Representative Bill Witt

SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Requires notice to parent or guardian before abortion is performed on minor or ward, with specific exceptions. Establishes administrative review process. Provides that failure to give required notice gives rise to civil liability in favor of parent or guardian and other remedies. Authorizes intervention by member of Legislative Assembly in action challenging validity of Act. Directs Health Division to report annually number of applications for exceptions made and granted under Act.

A BILL FOR AN ACT Relating to abortion; creating new provisions; and amending ORS 431.120. Be It Enacted by the People of the State of Oregon: SECTION 1. { + As used in sections 1 to 6 of this 2001 Act: (1) 'Minor' has the meaning given that term in ORS 125.005. (2) 'Ward' means a person for whom a court has appointed a guardian under ORS chapter 125. + }

SECTION 2. { + (1) A person may not terminate the pregnancy of an unemancipated minor or of a ward until 48 hours after the parent or guardian receives written notice of the proposed termination sent by certified mail, return receipt requested, to the residence of the parent or guardian, with delivery restricted to the parent or guardian. (2) Receipt of notice under subsection (1) of this section is deemed to occur not later than 12 noon on the second mail delivery day after the mailing of the notice. + }

SECTION 3. { + (1) Notwithstanding section 2 of this 2001 Act, a person may terminate the pregnancy of an unemancipated minor or of a ward if: (a) The attending physician certifies in the medical record that termination of the pregnancy is necessary to prevent the death of the pregnant minor or ward within the time period prescribed by section 2 of this 2001 Act; (b) The Health Division authorizes termination of the pregnancy under section 4 of this 2001 Act without the notice required by section 2 of this 2001 Act; or (c) The person who is to terminate the pregnancy provides notice in person to the parent or guardian prior to termination of the pregnancy. (2) A parent or guardian receiving notice under subsection (1)(c) of this section must provide the person providing notice with: (a) Current photographic identification issued by this state; or (b) A document on List A of United States Department of Justice Form I-9. + }

SECTION 4. { + (1) Upon application of a minor, the Health Division shall issue an order authorizing the termination of a pregnancy of the minor if the division determines that: (a) The minor is capable of giving informed consent to the termination; or (b) Termination of the pregnancy without the notice required by section 2 of this 2001 Act is in the best interest of the minor. (2) Upon application of a ward, the Health Division shall issue an order authorizing the termination of a pregnancy of the ward if the division determines that termination of the pregnancy without the notice required by section 2 of this 2001 Act is in the best interest of the ward. (3)(a) The division shall issue an order denying or granting an application under this section within seven days from the day the division receives the application. (b) If the division does not maintain an office in a county, the division shall designate a public officer in the county to accept applications under this section. (c) The division may not charge a fee for the filing of an application under this section. (d) The division may delegate its responsibilities under this section to a local public health authority. (e) A local public health authority may refuse responsibilities delegated to it under this section if the division does not provide reimbursement for costs incurred, pursuant to section 15, Article XI of the Oregon Constitution. A local public health authority refusing responsibilities delegated to it under this section shall notify the division. (f) The division must fulfill the requirements of this section when the division has been notified by a local public health authority of a refusal to accept responsibilities delegated to it under this section. (4)(a) The division shall conduct a proceeding under this section as a contested case. (b) A court may not review an order in a proceeding under this section. (5) On January 15 of each year, the division shall make available to the public a report of the number of applications made and granted under this section. + }

SECTION 5. { + (1) A proceeding held pursuant to section 4 of this 2001 Act shall be held in private, and all persons other than representatives of the Health Division, the minor or ward, the counsel of the minor or ward and witnesses shall be excluded. (2) Communications, verbal or written, made in a proceeding held pursuant to section 4 of this 2001 Act shall be confidential. An individual engaged in a proceeding held pursuant to section 4 of this 2001 Act shall not be examined about the communications in any civil or criminal action. Exceptions to testimonial privilege otherwise applicable under ORS 40.225 to 40.295 do not apply to communications made confidential under this subsection. (3) Records of a proceeding held pursuant to section 4 of this 2001 Act shall be withheld from public inspection, but shall be open to inspection by the minor or ward or the counsel of the minor or ward. + }

SECTION 6. { + (1) In addition to remedies available under the common law or statutory law of this state, failure of a person terminating the pregnancy of an unemancipated minor or a ward to comply with section 2 of this 2001 Act shall: (a) Give rise to civil liability in favor of a parent or guardian. (b) Provide the Board of Medical Examiners for the State of Oregon a basis for refusing to grant, or suspending or revoking, a license to practice under ORS 677.190. (2) Subsection (1) of this section does not apply if the person terminating the pregnancy of the unemancipated minor or ward establishes that the person reasonably relied upon the representations of the minor or ward regarding information necessary to comply with section 2 of this 2001 Act. (3) The individual or agency conducting the proceeding under section 4 of this 2001 Act is immune from civil liability for actions taken in the course of the proceeding. + }

SECTION 7. { + The President of the Senate and the Speaker of the House of Representatives may appoint one or more members of the Legislative Assembly to intervene as a matter of right in any action in which the validity of sections 1 to 6 of this 2001 Act is challenged. + }

SECTION 8. ORS 431.120 is amended to read: 431.120. The Health Division shall: (1) Enforce state health policies and rules. (2) Have the custody of all books, papers, documents and other property belonging to the State Health Commission, which may be deposited in the division's office. (3) Give such instructions as may be necessary, and forward them to the various local public health administrators throughout the state. (4) Routinely conduct epidemiological investigations for each case of sudden infant death syndrome including, but not limited to, the identification of risk factors such as birth weight, maternal age, prenatal care, history of apnea and socioeconomic characteristics. The division may conduct such investigations through local health departments only upon adoption by rule of a uniform epidemiological data collection method. { + (5) Adopt rules to implement sections 4 and 5 of this 2001 Act. + } { - (5) - } { + (6) + } Adopt rules, related to loans and grants awarded under ORS 285B.410 to 285B.479 or 541.700 to 541.855 for the improvement of drinking water systems for the purpose of maintaining compliance with applicable state and federal drinking water quality standards. In adopting rules under this subsection, the Health Division shall coordinate the division's rulemaking process with the Water Resources Department and the Economic and Community Development Department in order to assure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.467 and 541.845. { - (6) - } { + (7) + } Control health care capital expenditures by administering the state certificate of need program pursuant to ORS 442.325 to 442.344. ----------

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