68th OREGON LEGISLATIVE ASSEMBLY--1995 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 2585
House Bill 2894
Sponsored by Representatives MILNE, QUTUB, Senator KINTIGH;
Representatives BAUM, FISHER, LEWIS, LUNDQUIST, MANNIX, MINNIS,
OAKLEY, STARR, TIERNAN, WELLS, WELSH, Senator SHANNON
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 certified informed consent of pregnant woman 24 hours
prior to abortion. Specifies information necessary for consent.
Requires that other information printed in Spanish and English be
provided by Department of Human Resources. Requires medical
assistance to pay for ultrasound imaging if woman does not have
private health insurance coverage.
Specifies remedies available for failure to comply with Act.
A BILL FOR AN ACT
Relating to certain medical information.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this Act:
(1) 'Abortion' means the use or prescription of any instrument,
medicine, drug or any other substance or device with the intent
to terminate the pregnancy of a woman known by the physician to
be pregnant. Such use or prescription is not an abortion if done
with the intent to:
(a) Save the life or preserve the health of an unborn child;
(b) Remove a dead unborn child; or
(c) Deliver an unborn child prematurely in order to preserve
the health of both the mother and the unborn child.
(2) 'Conception' means the fusion of a human spermatozoon with
a human ovum.
(3) 'Gestational age' means the time that has elapsed since the
first day of the pregnant woman's last menstrual period.
(4) 'Medical emergency' means a condition that, on the basis of
the physician's good faith clinical judgment, so complicates the
medical condition of a pregnant woman as to necessitate the
immediate termination of the pregnancy to avert the death of the
pregnant woman or for which a delay creates serious risk of
substantial and irreversible impairment of a major bodily
function.
(5) 'Physician' means any person licensed to practice medicine
or surgery under ORS chapter 677.
(6) 'Pregnant' or 'pregnancy' means the female reproductive
condition of having an unborn child in a woman's body.
(7) 'Qualified person' means an agent of the physician who is a
psychologist, licensed clinical social worker, licensed
professional counselor, registered nurse or physician.
(8) 'Unborn child' means the offspring of human beings from
conception until birth.
(9) 'Viable' means that stage of fetal development when the
life of the unborn child may be continued indefinitely outside
the womb by natural or artificial life support systems.
(10) 'Woman' means a female human being. + }
SECTION 2. { + No abortion shall be performed without the
voluntary and informed consent of the pregnant woman upon whom
the abortion is to be performed. Except in the case of a medical
emergency, consent to an abortion is voluntary and informed only
if at least 24 hours before the abortion, the physician who is to
perform the abortion or the referring physician has informed the
pregnant woman, orally by telephone or in person, of:
(1) The name of the physician who will perform the abortion.
(2) The nature of the proposed procedure and of the risks and
alternatives to the procedure that a reasonable pregnant woman
would consider material to the decision of whether or not to
undergo the abortion.
(3) The probable gestational age of the unborn child at the
time the abortion is to be performed and, if the unborn child is
viable or has reached the gestational age of 22 weeks, that:
(a) The unborn child may be able to survive outside the womb;
(b) The pregnant woman has the right to request that the
physician use the method of abortion that is most likely to
preserve the life of the unborn child; and
(c) If the unborn child is born alive, the attending physician
has the legal obligation to take all steps necessary to maintain
the life and health of the child.
(4) The probable anatomical and physiological characteristics
of the unborn child at the time the abortion is to be performed.
(5) The medical risks associated with carrying the unborn child
to term.
(6) If the pregnant woman is Rh negative, any need for anti-Rh
immune globulin therapy, the likely consequences of refusing such
therapy and the cost of the therapy. + }
SECTION 3. { + At least 24 hours before the abortion, the
physician who is to perform the abortion, the referring physician
or a qualified person shall inform the woman, orally by telephone
or in person, that:
(1) Medical assistance benefits may be available for prenatal
care, childbirth and neonatal care and that more detailed
information on the availability of such assistance is contained
in the printed materials given to the pregnant woman and
described in section 7 of this Act.
(2) The printed materials in section 7 of this Act describe the
unborn child and list agencies that offer alternatives to
abortion.
(3) The father of the unborn child is liable to assist in the
support of the child, even in the instances where the father has
offered to pay for the abortion. In the case of rape or incest,
this information may be omitted.
(4) The state encourages the pregnant woman to view an
ultrasound image of the unborn child before the woman decides to
have an abortion. If the woman chooses to view an ultrasound
image of the unborn child, the physician who is to perform the
abortion or the referring physician shall issue a medical order
for the ultrasound imaging service at any medical facility that
provides ultrasound imaging services. If the woman does not have
private health insurance coverage for the ultrasound imaging
service, the woman shall be presumptively eligible for medical
assistance coverage for the ultrasound imaging service.
(5) The pregnant woman is free to withhold or withdraw consent
to the abortion at any time before or during the abortion without
affecting the right to future care or treatment and without the
loss of any state or federally funded benefits to which the woman
might otherwise be entitled. + }
SECTION 4. { + (1) The information described in this section
and sections 2 and 3 of this Act must be provided to the pregnant
woman individually and in a private room:
(a) To protect privacy and maintain the confidentiality of the
woman's decision;
(b) To ensure that the information focuses on the woman's
individual circumstances; and
(c) To ensure that the woman has an adequate opportunity to ask
questions.
(2) At least 24 hours before the abortion, the pregnant woman
must be given a copy of the printed materials described in
section 7 of this Act. If the woman is unable to read the
materials, the materials shall be read to the woman. If the woman
asks questions concerning any of the information or materials,
answers shall be provided in a manner that is understandable and
appropriate to the woman. + }
SECTION 5. { + Prior to the abortion:
(1) The pregnant woman must certify in writing that the
information required to be provided under sections 2, 3 and 4 of
this Act has been provided.
(2) The physician who is to perform the abortion or an agent
thereof must receive a copy of the written certification required
by subsection (1) of this section. + }
SECTION 6. { + The pregnant woman is not required to pay any
amount for the abortion procedure until the 24-hour waiting
period has expired. + }
SECTION 7. { + (1) The Department of Human Resources shall
cause to be published in English and Spanish and shall update on
an annual basis the following easily comprehensible printed
materials:
(a) Geographically indexed materials designed to inform a
pregnant woman of public and private agencies including but not
limited to adoption agencies and services available to assist a
woman through pregnancy and childbirth and while the child is
dependent. The materials shall include a comprehensive list of
the agencies, a description of the services the agencies offer
and the telephone numbers and addresses of the agencies and
services and shall inform the woman about available medical
assistance benefits for prenatal care, childbirth and neonatal
care and about the support obligations of the father of a child
who is born alive. The department shall ensure that the
materials described in this subsection are comprehensive and do
not directly or indirectly promote, exclude or discourage the use
of any agency or service described in this section. The materials
shall also contain a toll-free, 24-hour telephone number that may
be called to obtain, orally, such a list and description of
agencies in the locality of the caller and of the services they
offer. The materials shall state that it is unlawful for any
individual to coerce a pregnant woman to undergo an abortion,
that any physician who performs an abortion upon a woman without
informed consent may be liable for damages in a civil action at
law and that the law permits adoptive parents to pay costs of
prenatal care, childbirth and neonatal care. The materials shall
include the following statement: + }
_________________________________________________________________
{ + There are many public and private agencies
willing and able to help you to carry your child to
term and to assist you and your child after your
child is born, whether you choose to keep your child
or place your child for adoption. The State of Oregon
strongly urges you to contact these agencies before
making a final decision about abortion. The law
requires that your physician or the physician's agent
give you the opportunity to call agencies like these
before you undergo an abortion. + }
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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{ + (b) Materials that inform the pregnant woman of the
probable anatomical and physiological characteristics of the
unborn child at two-week gestational increments from conception
to full term, including pictures or drawings representing the
development of unborn children at two-week gestational increments
and any relevant information on the possibility of the unborn
child's survival. However, any pictures or drawings must contain
the dimensions of the unborn child and must be realistic. The
materials shall be objective, nonjudgmental and designed to
convey only accurate scientific information about the unborn
child at the various gestational ages. The materials shall also
contain objective information describing the methods of abortion
procedures commonly employed, the medical risks commonly
associated with each such procedure, the possible detrimental
psychological effects of abortion and the medical risks
associated with carrying a child to term.
(2) The materials shall be printed in a typeface large enough
to be clearly legible.
(3) The materials required under this section shall be
available at no cost from the Department of Human Resources upon
request and in an appropriate number of copies to any person,
facility or hospital. + }
SECTION 8. { + Where a medical emergency compels termination
of the pregnancy, the physician shall inform the pregnant woman
before the termination, if possible, of the medical indications
supporting the judgment of the woman's physician that a
termination is necessary to avert the death of the woman or to
avert substantial and irreversible impairment of a major bodily
function. + } { +
+ } { + SECTION 9. + } { + In addition to remedies
available under the common or statutory law of this state,
failure to comply with the requirements of this Act shall:
(1) Provide a basis for a civil malpractice action. Any
intentional violation of this Act shall be admissible in a civil
suit as prima facie evidence of a failure to obtain an informed
consent.
(2) Provide a basis for professional disciplinary action under
ORS chapter 677.
(3) Provide a basis for recovery for the woman under ORS 30.010
to 30.100, whether or not the unborn child was viable at the time
the abortion was performed or was born alive. + }
SECTION 10. { + Any physician who complies with this Act shall
not be held civilly liable to the pregnant woman for failure to
obtain informed consent to the abortion. + }
SECTION 11. { + Nothing in this Act is intended to:
(1) Create or recognize a right to abortion.
(2) Make lawful an abortion that is otherwise unlawful. + }
SECTION 12. { + Any member of the Legislative Assembly who
sponsors or cosponsors this Act may intervene as a matter of
right in an official capacity in any action, suit or court
proceeding to defend this Act on behalf of the Legislative
Assembly and shall have all of the rights and privileges of a
party to the action, suit or court proceeding. + }
SECTION 13. { + This Act may be known and cited as the
'Women's Right to Know Act.' + }
SECTION 14. { + The Department of Human Resources shall
prepare initially the printed materials described in section 7 of
this Act within 90 days after the effective date of this Act. + }
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