Chapter 435 — Chapter 435

ORS 435.010 License required for manufacture or sale of contraceptives; exception. (1) Appliances, drugs or medicinal preparations intended or that have special utility for the prevention of conception or sexually transmitted infections, or both, may not be manufactured or sold at wholesale in this state without a license issued by the State Board of Pharmacy, as provided in ORS 435.010 to 435.130. A license described in this subsection must be obtained in addition to other licenses required by law

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ORS 435.020 Types of licenses; application; display. (1) The following types of licenses shall be issued by the State Board of Pharmacy under ORS 435.010 to 435.130

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ORS 435.030 Wholesale and manufacturer license. Wholesale and manufacturer licenses shall be issued only to persons authorized to sell or distribute the appliances, drugs or medicinal preparations mentioned in ORS 435.010. [Amended by 1969 c.328 §3; 1977 c.328 §2]

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ORS 435.035 [1973 c.104 §2; repealed by 1975 c.285 §8]

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ORS 435.040 [Amended by 1969 c.328 §4; 1973 c.104 §6; repealed by 1975 c.285 §8]

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ORS 435.050 License issuance; fee; duration; rules. (1) All licenses shall be issued by the State Board of Pharmacy on written application and payment of an annual license fee for each manufacturer or wholesale license, which fee shall not exceed $300

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ORS 435.060 Revocation of licenses and seizure of equipment. (1) Notwithstanding ORS chapter 183, the State Board of Pharmacy may revoke any license for violation of ORS 435.010 to 435.130 by notice in writing to the holder of such license, stating specifically the reasons for revocation

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ORS 435.070 Appeal of revocation and seizure orders. (1) A licensee may, within 30 days from the date of the service of notice of revocation, appeal to the circuit court of the county in which the licensee is doing business under the license for a review of the action of the State Board of Pharmacy in revoking the license and of the action of the sheriff in making a seizure thereunder

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ORS 435.080 Publication of licensing regulations. The State Board of Pharmacy shall prepare, print and distribute rules and regulations not inconsistent with law, for the conduct of proceedings for the issue, enforcement and revocation of the licenses provided in ORS 435.010 to 435.130. [Amended by 1995 c.79 §222]

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ORS 435.090 Labeling; standards; expiration date. (1) Goods of the class specified in ORS 435.010 shall be sold at wholesale or at retail in this state only if they

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ORS 435.100 Standards; rules regarding enforcement. (1) The Oregon Health Authority shall adopt and promulgate from time to time and have jurisdiction over the establishing of such standards relating to and governing the articles and medicinal preparations mentioned in ORS 435.010 as may be deemed necessary by the authority in the interest of disease prevention

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ORS 435.105 Inspection program of certain stock of vendors. In lieu of its own inspection program, the State Board of Pharmacy may enter into an agreement with the Oregon Health Authority or a local public health authority, as defined in ORS 431.003. The agreement shall authorize the Oregon Health Authority or the local public health authority to make inspections of the condom stock to determine that the stock consists only of brands that comply with standards promulgated under ORS 435.100 (1). The agreement shall include authority to enforce applicable rules of the State Board of Pharmacy. [1973 c.104 §3; 1975 c.285 §6; 2009 c.595 §691; 2015 c.736 §85]

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ORS 435.110 [Amended by 1969 c.328 §6; repealed by 1975 c.285 §8]

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ORS 435.120 Disposition of receipts. All license fees collected under ORS 435.010 to 435.130 shall be retained and used by the board in carrying out and enforcing ORS 435.010 to 435.130, except as provided in this section. [Amended by 1987 c.905 §23]

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ORS 435.130 Jurisdiction over prosecutions. Justice courts have concurrent jurisdiction with the circuit courts over all violations of ORS 435.010 to 435.130

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ORS 435.190 Definitions for 435.190 to 435.245. As used in ORS 435.190 to 435.245

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ORS 435.200 [2007 c.182 §7; repealed by 2023 c.228 §52]

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ORS 435.205 Family planning and birth control services by public agencies; fees. (1) The Oregon Health Authority and every local health department shall offer family planning and birth control services within the limits of available funds. Both agencies jointly may offer the services described in this subsection. The Director of the Oregon Health Authority or a designee shall initiate and conduct discussions of family planning with each person who might have an interest in and benefit from the services. The authority shall furnish consultation and assistance to local health departments

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ORS 435.210 Right to make decisions about individual’s reproductive health. Every individual has a fundamental right to make decisions about the individual’s reproductive health, including the right to make decisions about the individual’s reproductive health care, to use or refuse contraception, to continue the individual’s pregnancy and give birth or to terminate the individual’s pregnancy. [2023 c.228 §3]

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ORS 435.215 Right to accept or refuse services protected. (1) An individual’s acceptance or refusal to accept reproductive health care information and services may not

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ORS 435.225 Refusal to offer information and services. (1) An officer, employee or agent of a public body may refuse to accept the duty of offering reproductive health care information and services to the extent that such duty is contrary to the personal or religious beliefs of the officer, employee or agent. However, such officer, employee or agent shall notify the immediate supervisor in writing of such refusal in order that arrangements may be made for eligible individuals to obtain such information and services from another officer, employee or agent

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ORS 435.230 Reproductive health services and education programs; rules. (1) The Oregon Health Authority may, subject to available funds, implement reproductive health services and education programs and provide funding for reproductive health services and education in this state

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ORS 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 §5]

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ORS 435.240 Prohibitions relating to individual’s exercise of reproductive health rights. (1) A public body or, except as provided in ORS 435.225, an officer, employee or agent of a public body may not

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ORS 435.245 Injunctive relief; attorney fees. (1) Any person may bring an action against a public body, or an officer, employee or agent of a public body, for injunctive relief to enforce the requirements of ORS 435.190 to 435.245

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ORS 435.250 Policy. The Legislative Assembly declares that

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ORS 435.252 Definitions for ORS 435.252 and 435.254. As used in this section and ORS 435.254

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ORS 435.254 Hospital duty to provide information about emergency contraception and to make emergency contraception available to victim of sexual assault; informational materials; rules. (1) A hospital providing care to a female victim of sexual assault shall

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ORS 435.256 Civil penalty. The Oregon Health Authority may impose a civil penalty against a hospital for each violation of the rules adopted under ORS 435.254. A civil penalty imposed under this section may not exceed $1,000 for each violation upon inspection or each substantiated complaint filed. [2007 c.182 §6; 2009 c.595 §695]

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ORS 435.305 [1967 c.441 §15; 1969 c.31 §1; 1973 c.479 §1; 1975 c.591 §1; 1987 c.158 §82; 2005 c.471 §5; 2014 c.45 §57; 2017 c.356 §66; 2017 c.381 §1; 2024 c.73 §85; renumbered 436.200 in 2025]

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ORS 435.405 [1969 c.684 §1; 1971 c.743 §370; repealed by 1983 c.470 §1]

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ORS 435.415 [1969 c.684 §3; repealed by 1983 c.470 §1]

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ORS 435.425 [1969 c.684 §4; repealed by 1983 c.470 §1]

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ORS 435.435 [1969 c.684 §§7,12; 1983 c.470 §5; repealed by 2023 c.228 §52]

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ORS 435.445 [1969 c.684 §8; repealed by 1983 c.470 §1]

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ORS 435.455 [1969 c.684 §§2,5; repealed by 1983 c.470 §1]

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ORS 435.465 [1969 c.684 §6; repealed by 1983 c.470 §1]

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ORS 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

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ORS 435.485 Medical personnel not required to participate in termination. (1) A physician or naturopathic physician is not 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 or naturopathic physician so advises the patient

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ORS 435.495 [1969 c.684 §13; repealed by 1983 c.470 §1 and 1983 c.709 §14 (435.496 enacted in lieu of 435.495)]

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ORS 435.496 Report to Center for Health Statistics; who has duty; report content. (1) Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the Center for Health Statistics within 30 days by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, the attending physician or the naturopathic physician shall prepare and file the report

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ORS 435.990 Penalties. (1) Violation of any of the provisions of ORS 435.010 to 435.130 is a Class C misdemeanor

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