73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
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 932
House Bill 2605
Sponsored by Representative RICHARDSON; Representatives ANDERSON,
BOQUIST, BRUUN, BUTLER, DALLUM, ESQUIVEL, FLORES, GARRARD,
HANNA, KITTS, KROPF, LIM, NELSON, OLSON, SCOTT, G SMITH,
SUMNER, WHISNANT, Senators BEYER, B STARR, C STARR, WESTLUND
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 person to notify parent before person performs
abortion on minor or ward, with specific exceptions. Establishes
administrative process for minor or ward to obtain abortion
without notice to parent. Requires preservation of anonymity of
minor or ward seeking abortion without notice. Establishes civil
action for parent wrongfully denied notification.
Permits presiding officers of Legislative Assembly to appoint
sponsor of Act to intervene in action challenging validity of
Act.
Directs chief administrative law judge to report annually
number of applications made and granted under Act.
A BILL FOR AN ACT
Relating to notification to a parent prior to performing an
abortion on a minor.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 8 of this 2005 Act:
(1) 'Abortion' means the use of a drug or device to
intentionally terminate a pregnancy other than to produce a live
birth or remove a dead unborn child.
(2) 'Medical emergency' means a medical condition that places
the health of a pregnant woman in such serious jeopardy that
failure to terminate the pregnancy or a delay in terminating the
pregnancy would result in the death of the woman, serious
impairment to bodily function or serious and permanent lack of
function of any bodily organ or part.
(3) 'Minor' has the meaning given that term in ORS 125.005.
(4) 'Parent' means:
(a) A biological parent;
(b) If a minor has been adopted, an adoptive parent; or
(c) If a court has appointed a guardian for a minor, the
guardian.
(5) 'Ward' means a minor for whom a court has appointed a
guardian under ORS chapter 125. + }
SECTION 2. { + (1) A person may not perform an abortion on an
unemancipated minor or a ward until 48 hours after the parent
receives written notice from the person of the proposed abortion
by certified mail, return receipt requested, at the residence of
the parent, with delivery restricted to the parent.
(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) A person may perform an abortion on an
unemancipated minor or a ward without the notice required by
section 2 of this 2005 Act if:
(a) Due to a medical emergency, notification is not possible
and the person performing the abortion documents the medical
emergency in the minor's or ward's medical record;
(b) The Department of Human Services under section 4 of this
2005 Act or a court on review of an order by the department under
section 6 of this 2005 Act authorizes the abortion; or
(c) The person who is to perform the abortion provides notice
to the parent in person.
(2) A parent 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.
(3) The person who performs the abortion for which the person
provided notice under subsection (1)(c) of this section shall
retain a copy of the proof of identification furnished by the
parent in the medical record of the minor or ward for at least
three years. + }
SECTION 4. { + (1)(a) Within three days after receiving an
application of a pregnant minor or ward for an abortion without
notice to a parent, the Department of Human Services shall
request assignment of an administrative law judge from the Office
of Administrative Hearings to consider the application.
(b) On behalf of the department, the administrative + } { +
law judge shall issue a final order authorizing the abortion if
the administrative law judge determines that:
(A) The applicant is mature and capable of giving informed
consent to the abortion; or
(B) Obtaining an abortion without the notice required by
section 2 of this 2005 Act is in the best interest of the
applicant.
(2) The administrative law judge shall issue an order denying
or granting the application under this section within seven
calendar days after the office receives the application from the
department.
(3) The department may not modify the form of order issued
under this section or a finding of historical fact by the
administrative law judge.
(4) ORS 183.630 does not apply to a hearing under this section.
(5) The chief administrative law judge of the Office of
Administrative Hearings shall adopt rules for the conduct of
hearings under this section. + }
SECTION 5. { + (1) A hearing under section 4 of this 2005 Act
shall be held in private, and the administrative law judge shall
exclude all persons other than the minor or ward, the counsel of
the minor or ward, witnesses and representatives of the
administrative law judge.
(2) Communications in a hearing held under section 4 of this
2005 Act are confidential. An individual participating in a
hearing held under section 4 of this 2005 Act may 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 hearing under section 4 of this 2005 Act are
not open to public inspection. The administrative law judge may
disclose the records only to:
(a) The minor or ward;
(b) Counsel for the minor or ward; and
(c) Representatives of the administrative law judge. + }
SECTION 6. { + (1) If an administrative law judge issues an
order denying an application under section 4 of this 2005 Act,
the applicant may petition for judicial review of the order under
ORS 183.484.
(2) On review of an order issued under section 4 of this 2005
Act, the court shall preserve the anonymity of the applicant.
(3)(a) The court shall give precedence to proceedings under
this section over all other matters on the court's docket.
(b)(A) The court shall issue the decision on review not later
than 5 p.m. on the second business day after the filing of the
petition for judicial review.
(B) Upon the request of the applicant, the court may extend the
time for decision. If the court extends the time for decision,
the court shall issue the decision not later than 5 p.m. on the
second business day after the applicant informs the court that
the applicant is prepared to proceed.
(4) If the court fails to issue the decision on review within
the time specified in subsection (3) of this section:
(a) The application is deemed granted; and
(b) The clerk of the court shall issue a written statement to
the applicant stating that the application is granted.
(5) In a decision under this section, the court shall make
special findings of fact based upon the evidence in the record
and conclusions of law. + }
SECTION 7. { + (1) The failure of a person performing an
abortion on an unemancipated minor or a ward to comply with
section 2 of this 2005 Act:
(a) Gives rise to civil liability in favor of a parent of the
minor or ward; and
(b) Provides the Board of Medical Examiners 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
performing the abortion on 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 2005 Act.
(3) The Department of Human Services, the Office of
Administrative Hearings and the administrative law judge are
immune from civil liability for actions taken in the course of a
hearing under section 4 of this 2005 Act. + }
SECTION 8. { + On January 15 of each year, the chief
administrative law judge shall make available to the public a
report of the number of applications made and granted under
section 4 of this 2005 Act. + }
SECTION 9. { + The President of the Senate and the Speaker of
the House of Representatives may each appoint a sponsor of this
2005 Act to intervene as a matter of right in any action in which
the validity of this 2005 Act is challenged. + }
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