Oregon Revised Statutes Chapter 109 § 109.640 — Right
Oregon Revised Statutes Chapter 109 ·
Oregon Code § 109.640·Enacted ·Last updated March 01, 2026
Statute Text
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.
(2)(a) As used in
this subsection, health care provider means a physician, physician associate
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 providers scope of practice and
who reasonably believes, in the health care providers 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 associate 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 providers 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 associate 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 persons
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; 2024 c.73 §27]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 109.640
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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