74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2700
Sponsored by Representatives ROSENBAUM, TOMEI, NOLAN, Senators
BROWN, MONNES ANDERSON, DEVLIN; Representatives BARKER,
BARNHART, BERGER, BEYER, BONAMICI, BOONE, BUCKLEY, CANNON,
CLEM, COWAN, DINGFELDER, C EDWARDS, D EDWARDS, GALIZIO, GELSER,
GREENLICK, HOLVEY, KOMP, KOTEK, MERKLEY, NATHANSON, READ,
RILEY, ROBLAN, SCHAUFLER, SHIELDS, WITT, Senators AVAKIAN,
BATES, BURDICK, MONROE, PROZANSKI, WALKER, WESTLUND
CHAPTER ................
AN ACT
Relating to contraception; creating new provisions; and amending
ORS 750.055 and 750.333.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly declares that:
(1) It is the public policy of this state that all Oregonians'
right to freedom from unreasonable government intrusion into
their private lives, and specifically the right of consenting
individuals to obtain and use methods of contraception without
interference by governmental entities, shall be safeguarded; and
(2) The laws of this state must be interpreted and construed to
recognize and protect these rights. + }
SECTION 2. { + Section 3 of this 2007 Act is added to and made
a part of the Insurance Code. + }
SECTION 3. { + (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;
Enrolled House Bill 2700 (HB 2700-A) Page 1
(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.
(5) This section is exempt from the provisions of ORS
743.700. + }
SECTION 4. { + As used in this section and section 5 of this
2007 Act:
(1) 'Care to a victim of sexual assault' means a medical
examination, procedure or service provided by a licensed medical
provider to a victim of sexual assault.
(2) 'Culturally competent' means sensitive to the patient's
faith, race, ethnicity and national origin.
(3) 'Emergency contraception' means the use of a drug or device
that is approved by the United States Food and Drug
Administration to prevent pregnancy after sexual intercourse.
(4) 'Hospital' has the meaning given that term in ORS 442.015,
excluding institutions described in ORS 441.065.
(5) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305.
(6) 'Victim of sexual assault' means:
(a) An individual who states that a sexual assault has been
committed against the individual or who is accompanied by a
person who states that the individual is a victim of sexual
assault; or
(b) An individual who hospital personnel have reason to believe
is a victim of sexual assault. + }
SECTION 5. { + (1) A hospital providing care to a female
victim of sexual assault shall:
(a) Promptly provide the victim with unbiased, medically and
factually accurate written and oral information about emergency
contraception;
(b) Promptly orally inform the victim of her option to be
provided emergency contraception at the hospital; and
(c) If requested by the victim and if not medically
contraindicated, provide the victim with emergency contraception
immediately at the hospital, notwithstanding section 2, chapter
789, Oregon Laws 2003.
(2)(a) In collaboration with victim advocates, other interested
parties and nonprofit organizations that provide intervention and
support services to victims of sexual assault and their families,
the Department of Human Services shall develop, prepare and
produce informational materials relating to emergency
contraception for the prevention of pregnancy in victims of
sexual assault for distribution to and use in all hospital
emergency departments in the state, in quantities sufficient to
comply with the requirements of this section.
(b) The Director of Human Services, in collaboration with
community sexual assault programs and other relevant
stakeholders, may approve informational materials developed,
prepared and produced by other entities for the purposes of
paragraph (a) of this subsection.
(c) All informational materials must:
(A) Be clearly written and easily understood in a culturally
competent manner; and
(B) Contain an explanation of emergency contraception,
including its use, safety and effectiveness in preventing
pregnancy, including but not limited to the following facts:
Enrolled House Bill 2700 (HB 2700-A) Page 2
(i) Emergency contraception has been approved by the United
States Food and Drug Administration as an over-the-counter
medication for women 18 years of age or older and is a safe and
effective way to prevent pregnancy after unprotected sexual
intercourse or after contraceptive failure, if taken in a timely
manner.
(ii) Emergency contraception is more effective the sooner it is
taken.
(iii) Emergency contraception will not disrupt an established
pregnancy.
(3) The department shall respond to complaints of violations of
section 6 of this 2007 Act in accordance with ORS 441.057.
(4) The department shall incorporate the requirements of this
section in rules adopted pursuant to ORS 441.055 that prescribe
the care to be given to patients at hospitals.
(5) The director shall adopt rules necessary to carry out the
provisions of this section.
(6) Information required to be provided under subsection (1) of
this section is medically and factually accurate if the
information is verified or supported by the weight of research
conducted in compliance with accepted scientific methods and
based upon:
(a) Reports in peer-reviewed journals; or
(b) Information that leading professional organizations, such
as the American College of Obstetricians and Gynecologists, and
agencies with expertise in the field recognize as accurate and
objective. + }
SECTION 6. { + The Department of Human Services may impose a
civil penalty against a hospital for each violation of the rules
adopted under section 5 of this 2007 Act. A civil penalty imposed
under this section may not exceed $1,000 for each violation upon
inspection or each substantiated complaint filed. + }
SECTION 7. { + (1) A public body as defined in ORS 174.109 or,
except as provided in ORS 435.225, an officer, employee or agent
of a public body may not:
(a) Deprive a consenting individual of the right to obtain and
use safe and effective methods of contraception; or
(b) Interfere with or restrict, in the regulation or provision
of benefits, facilities, services or information, the right of
consenting individuals to obtain and use safe and effective
methods of contraception.
(2) Nothing in this section is intended to prevent the
application of laws, rules, ordinances or taxes that affect the
method or manner of sales or distribution of contraceptive
devices, provided the laws, rules, ordinances or taxes are
designed to promote public health and safety and do not
unreasonably burden public access to contraception.
(3) As used in this section:
(a) 'Contraception' means the use of any process, device or
method to prevent pregnancy, including steroidal, chemical,
physical or barrier, natural or permanent methods for preventing
the union of an ovum with the spermatozoon, or preventing the
subsequent implantation of the fertilized ovum in the uterus, and
includes all postcoital methods, drugs or devices approved by the
United States Food and Drug Administration to prevent pregnancy.
(b) 'Pregnancy' is the period of time from implantation of a
fertilized ovum in the uterus to delivery. A woman shall be
presumed pregnant if she is premenopausal and exhibits signs of
pregnancy, including missed menses, until disproved by a
laboratory test or until delivery. + }
Enrolled House Bill 2700 (HB 2700-A) Page 3
SECTION 8. ORS 750.055 is amended to read:
750.055. (1) The following provisions of the Insurance Code
apply to health care service contractors to the extent not
inconsistent with the express provisions of ORS 750.005 to
750.095:
(a) ORS 705.137, 705.139, 731.004 to 731.150, 731.162, 731.216
to 731.362, 731.382, 731.385, 731.386, 731.390, 731.398 to
731.430, 731.428, 731.450, 731.454, 731.488, 731.504, 731.508,
731.509, 731.510, 731.511, 731.512, 731.574 to 731.620, 731.592,
731.594, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.750, 731.752, 731.804 and 731.844 to 731.992.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.582.
(c) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.680 and 733.695 to 733.780.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.412, 743.472, 743.492, 743.495, 743.498, 743.522, 743.523,
743.524, 743.526, 743.527, 743.528, 743.529, 743.549 to 743.552,
743.556, 743.560, 743.600 to 743.610, 743.650 to 743.656,
743.691, 743.693, 743.694, 743.697, 743.699, 743.701, 743.706 to
743.712, 743.721, 743.722, 743.726, 743.727, 743.728, 743.729,
743.793, 743.804, 743.807, 743.808, 743.814 to 743.839, 743.842,
743.845, 743.847, 743.854, 743.856, 743.857, 743.858, 743.859,
743.861, 743.862, 743.863, 743.864, 743.866 and 743.868 { + and
section 3 of this 2007 Act + }.
(f) The provisions of ORS chapter 744 relating to the
regulation of insurance producers.
(g) ORS 746.005 to 746.140, 746.160, 746.220 to 746.370,
746.600, 746.605, 746.607, 746.608, 746.610, 746.615, 746.625,
746.635, 746.650, 746.655, 746.660, 746.668, 746.670, 746.675,
746.680 and 746.690.
(h) ORS 743.714, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state that is not governed by the
insurance laws of the other state is subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
SECTION 9. ORS 750.055, as amended by section 7, chapter 137,
Oregon Laws 2003, section 3, chapter 263, Oregon Laws 2003,
Enrolled House Bill 2700 (HB 2700-A) Page 4
sections 501 and 502, chapter 22, Oregon Laws 2005, sections 5
and 6, chapter 255, Oregon Laws 2005, and section 5, chapter 418,
Oregon Laws 2005, is amended to read:
750.055. (1) The following provisions of the Insurance Code
apply to health care service contractors to the extent not
inconsistent with the express provisions of ORS 750.005 to
750.095:
(a) ORS 705.137, 705.139, 731.004 to 731.150, 731.162, 731.216
to 731.362, 731.382, 731.385, 731.386, 731.390, 731.398 to
731.430, 731.428, 731.450, 731.454, 731.488, 731.504, 731.508,
731.509, 731.510, 731.511, 731.512, 731.574 to 731.620, 731.592,
731.594, 731.640 to 731.652, 731.730, 731.731, 731.735, 731.737,
731.750, 731.752, 731.804 and 731.844 to 731.992.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.582.
(c) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.680 and 733.695 to 733.780.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.412, 743.472, 743.492, 743.495, 743.498, 743.522, 743.523,
743.524, 743.526, 743.527, 743.528, 743.529, 743.549 to 743.552,
743.556, 743.560, 743.600 to 743.610, 743.650 to 743.656,
743.691, 743.693, 743.694, 743.697, 743.699, 743.701, 743.706 to
743.712, 743.721, 743.722, 743.727, 743.728, 743.729, 743.793,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863, 743.864, 743.866 and 743.868 { + and section 3
of this 2007 Act + }.
(f) The provisions of ORS chapter 744 relating to the
regulation of insurance producers.
(g) ORS 746.005 to 746.140, 746.160, 746.220 to 746.370,
746.600, 746.605, 746.607, 746.608, 746.610, 746.615, 746.625,
746.635, 746.650, 746.655, 746.660, 746.668, 746.670, 746.675,
746.680 and 746.690.
(h) ORS 743.714, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state that is not governed by the
insurance laws of the other state is subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
Enrolled House Bill 2700 (HB 2700-A) Page 5
SECTION 10. ORS 750.333 is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652, 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.691, 743.693, 743.694, 743.699, 743.727, 743.728,
743.730 to 743.773 (except 743.760 to 743.773), 743.793, 743.801,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863 and 743.864.
(f) ORS 743.556, 743.701, 743.703, 743.706, 743.707, 743.709,
743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719,
743.721, 743.722, 743.725 and 743.726 { + and section 3 of this
2007 Act + }. Multiple employer welfare arrangements to which ORS
743.730 to 743.773 apply are subject to the sections referred to
in this paragraph only as provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
(h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
(i) ORS 731.592 and 731.594.
(2) For the purposes of this section:
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
SECTION 11. ORS 750.333, as amended by section 4, chapter 263,
Oregon Laws 2003, is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652, 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.691, 743.693, 743.694, 743.699, 743.727, 743.728,
743.730 to 743.773 (except 743.760 to 743.773), 743.793, 743.801,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
Enrolled House Bill 2700 (HB 2700-A) Page 6
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863 and 743.864.
(f) ORS 743.556, 743.701, 743.703, 743.706, 743.707, 743.709,
743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719,
743.721, 743.722 and 743.725 { + and section 3 of this 2007
Act + }. Multiple employer welfare arrangements to which ORS
743.730 to 743.773 apply are subject to the sections referred to
in this paragraph only as provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
(h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
(i) ORS 731.592 and 731.594.
(2) For the purposes of this section:
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
SECTION 12. ORS 750.333, as amended by section 8, chapter 137,
Oregon Laws 2003, section 4, chapter 263, Oregon Laws 2003,
section 3, chapter 446, Oregon Laws 2003, and section 6, chapter
418, Oregon Laws 2005, is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652, 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.691, 743.693, 743.694, 743.699, 743.727, 743.728,
743.730 to 743.773 (except 743.760 to 743.773), 743.793, 743.801,
743.804, 743.807, 743.808, 743.814 to 743.839, 743.842, 743.845,
743.847, 743.854, 743.856, 743.857, 743.858, 743.859, 743.861,
743.862, 743.863 and 743.864.
(f) ORS 743.556, 743.701, 743.703, 743.706, 743.707, 743.709,
743.710, 743.712, 743.713, 743.714, 743.717, 743.718, 743.719,
743.721 and 743.722 { + and section 3 of this 2007 Act + }.
Multiple employer welfare arrangements to which ORS 743.730 to
743.773 apply are subject to the sections referred to in this
paragraph only as provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
insurance producers and insurance consultants, and ORS 744.700 to
744.740.
(h) ORS 746.005 to 746.140, 746.160 and 746.220 to 746.370.
(i) ORS 731.592 and 731.594.
(2) For the purposes of this section:
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
Enrolled House Bill 2700 (HB 2700-A) Page 7
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
SECTION 13. { + Section 3 of this 2007 Act and the amendments
to ORS 750.055 and 750.333 by sections 8 to 12 of this 2007 Act
apply to prescription drug benefit programs, health benefit plans
and student health insurance policies entered into, issued or
renewed on or after the effective date of this 2007 Act. + }
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Passed by House March 15, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2007
...........................................................
President of Senate
Enrolled House Bill 2700 (HB 2700-A) Page 8
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2700 (HB 2700-A) Page 9